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👍 | Private communication on SNS Disciplinary action for junior high school staff Tochigi


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Private communication on SNS Disciplinary action for junior high school staff Tochigi

 
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Regarding this disciplinary action, the City Board of Education said, "It should never happen, and we deeply apologize to everyone.
 

On the XNUMXth, the Tochigi City Board of Education said that he had a private exchange on SNS with three girls, including a girl student at his school, and he was in a male position ... → Continue reading

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Disciplinary action

Disciplinary action(Chokaishobun) refers to sanctions imposed to maintain order within a certain organization, or sanctions imposed on persons with special supervisory or social status on the grounds of breach of certain obligations.[1]..In order of generous disciplinary actionWarning(Reprimand / oral attention)[2],Pay cut,Suspension of work(Suspension)[3][4],Relegation,Dismissal of reminder (retirement of reminder)),Disciplinary dismissalIs[5].

Disciplinary action in private companies

Example of treatment [6]

Disciplinary procedures in private companies

In order for the employer to take discipline in a private company,Labor regulationsThe type and degree of the work must be stated in the above, and the procedure stipulated in the relevant work regulations must be followed ().Labor Standards ActArticle 89). Also, employment rules areWell-knownMust be kept (Article 106 of the Labor Standards Act).For these proceduresdefectIn that case, the disposition itself will beInvalidIt can also be said.

Reasons for disciplinary action and details of disposition in private companies

What kind of disciplinary system should bePublic order and moralsAs long as it does not conflict withCivil lawArticle 90), in the case where the employer can discipline the worker, the disciplinary action, in light of the nature and mode of action of the worker involved in the disciplinary action, and other circumstances,Lacking an objectively rational reason, it is not considered to be appropriate according to social normsIn that case, the disciplinary action will be invalid, assuming that the right has been abused (Labor contract lawArticle 15).

Especially in judicial precedents, the appropriateness of procedures tends to be emphasized, and the requirements are the balance between the actions of workers and disciplinary action (principle of equal treatment), the appropriateness of social conventions, and the provision of opportunities for prior defense. There are many.Furthermore, if it does not fall under a criminal offense, prior guidance, caution, warning, and gradual disciplinary action are often required.

A common disciplinary reason iscrimeThere are acts, workplace discipline violations, career misrepresentation, business order violations, confidentiality leaks / business secret leaks, betrayal acts (non-compete duty / duty devotion duty violations), etc. Salary reduction, suspension,Dismissal,Disciplinary dismissaland so on[7]. Discipline unlike civil servantsDismissalNot disciplineDismissalCalled. There are also companies that read suspension of work as "stop work."

If the employment rules stipulate sanctions for reduction of wages on workers, the amount of reduction may be oneAverage wagePer day, and the total amount must not exceed 1/1 of the total wage in one wage payment period (Labor Standard Law Article 10). The same applies when deducting from bonuses.

However, in practice, companies attach great importance to the long-term career of their employees, and even if they violate their service discipline, other de facto or personnel measures (reprimand by their boss, detrimental assessment,Relocation, Promotion cancellation, etc.), and the punishment of disciplinary actions tends to be limited to cases where the nature and degree of delinquency are serious or cases where the challenge to corporate order is strong.[8]..Reflecting this reality,Labor Standards ActThe number of articles related to work regulations is small.

Disciplinary action for civil servants

Civil servantThe disciplinary action in the above means the sanction that is imposed as a sanction on the staff when the staff commits a wrongdoing.National Civil Service LawArticle 82,Self Defense Force ActArticle 46,Foreign Affairs Civil Service LawArticle 3,Diet staff lawArticle 28-Article 32,Local Civil Service ActArticle 29, Provisions of the Court Staff Temporary Measures Act[Annotation 1].

Employees will not be subject to disciplinary action unless grounded by law. The appointee decides the content of the disciplinary action according to the degree and circumstances of the non-compliance, and the choice of the award is left to the discretion of the appointee. In addition, it is not possible to impose two or more types of disciplinary actions for a single unlawful act. Regarding the disciplinary action for civil servants, the details are stipulated in the regulations of the National Personnel Authority for national civil servants and by the regulations of each local public entity for local civil servants. It stipulates that a document be issued.

Disciplinary grounds

  1. Violation of the National Civil Service Law or the National Civil Service Ethics Law or orders based on these laws (National Civil Service)
  2. In case of violating the law of local public servant law or the law stipulating special provisions prescribed in Article 57 of the same law or the regulations based on it, the rules of local public bodies or the rules of local government bodies (local public servants)
  3. If you violate your duties or neglect your duties (both common)
  4. NationwideserviceWhen there is a delinquency that is not appropriate for a person (both common)

Types of disciplinary action

Disciplinary actions taken by civil servants include the following, and legal actions are up to admonition.In addition, resignationMinistry of DefenseIs a special institution ofSDF OfSelf Defense Force ActThere is the regulation in.

  • Dismissal -Refers to the disposition of losing the job against the will of the employee.
  • Resignation -Decrease the job grades and ranks currently specified to 1 or 2 lower ranks.
  • Suspension ――A disposition that does not allow you to engage in duties for a certain period of time.There is no set deadline, and it will be a de facto replacement.
  • Pay cut --As a sanction for employees, it means a disposition to reduce a certain percentage of the employee's salary for a certain period of time.
  • Warning (Blame: Kenseki) -Confirming the responsibility of employees for non-compliance and warning of the future.

In addition, if disciplinary action is not reached but it is not appropriate to give it unquestioned, advice or other corrective measures may be taken as minor measures.Although it depends on the ministry, the following three are generally known.なお、これらは懲戒処分ではないが、勤勉手当の扱いにおいて減額の対象となるAlthough these are not disciplinary measures, they are subject to a reduction in the treatment of diligence allowance.[9].

  • Admonition (admonition / admonition)
  • Strict caution * Depending on the government office, if the strict caution is accumulated three times, it is meant as a punishment that is a disadvantage equivalent to one instruction.
  • Oral caution (sometimes simply referred to as "attention") * Oral caution may be reflected in personnel evaluations depending on the government agency.

Disciplinary action and punishment

Article 39 of the Constitution of JapanFrom the relationship with the provision that prohibits double punishment stipulated in XNUMX), it becomes an issue whether disciplinary action and punishment can be imposed together. In this regard, disciplinary action is based on the disciplinary power of the appointed personAdministrative sanctionsAnd to maintain public order based on the general power of the statepunishmentIt is said that the disciplinary action and the punishment can be imposed together because they have different purposes.

This means that Article 85 of the National Civil Service Act applies to general civil servants, parliamentary staff and court staff.[Annotation 2], Article 32 of the National Assembly Staff Act and the Act on Temporary Measures for Court Staff, respectively. Regarding local civil servants and Self-Defense Forces personnel, although there is no explicit provision in the law, it can be understood as the same as general civil servants.

Disciplinary action and demarcation

Unlike disciplinary action, which has punitive implications, it is a disciplinary action aimed at maintaining the efficiency of public affairs.Limited disposalThere is.

Where both disciplinary action and demarcation are applicable (for example, in the case of dismissal, the treatment of retirement allowance differs depending on which action is taken), the choice is at the discretion of the appointed person. Should be appropriately judged in accordance with the above case. Therefore, as mentioned above, since the purpose of disciplinary action and demarcation are different, it is possible to carry out both for the same reason, as long as the identity of the staff is not lost by any of the actions.

Difference between disciplinary action and unemployment

UnemploymentAnd to the staffDisqualificationOccurs and itHR rulesOr of the local government concernedOrdinanceThe job will be lost without the need to dispose of the appointed right holder except when specified in paragraph. Therefore, unemployment and disciplinary action (dismissal) are different from the point of view of necessity of disposition by the appointed authority.

Effect of disciplinary action

Disciplinary action shall be extinguished after it is legally and effectively established, unless changes are permitted by law or if there is a new reason that the effect cannot exist for the public benefit. It is not possible to cancel (the disciplinary measure cannot be canceled or withdrawn). Also,Act on Disciplinary Exemption for Public Officials, etc.Disciplinary action may be exempted by invoking the exemption based on.

Fair examination

To request a change or cancellation of disciplinary action, you mustNational Personnel Authority(Responsible :)Request for examinationI do[Annotation 3]..一般国家公務員の懲戒処分に対する審査請求は、人事院に対してのみ行うことができるRequests for examination of disciplinary action by general national civil servants can only be made to the National Personnel Authority.[11]..ただし特例として外務職員が外交機密の漏えいによつて国家の重大な利益を毀損したという理由で懲戒処分を受けた場合は、審査請求は外務大臣に対して行うHowever, as a special case, if a foreign affairs employee is disciplined for damaging the nation's serious interests due to the leakage of diplomatic secrets, a request for examination will be made to the Minister of Foreign Affairs.[12]..この場合外務人事審議会の調査を経て外務大臣の採決がされるIn this case, the Minister of Foreign Affairs will vote after an investigation by the Foreign Affairs Personnel Council.[13].

Special occupation national civil servantSelf-defense personnelRequest for examination of disciplinary action against the Minister of Defense[Annotation 4]..この審査請求の裁決は、裁決は防衛人事審議会の議決を経る必要があるThe decision on this request for examination must be passed by the Defense Personnel Council.[14].

If you are a local government employeeHuman Resources CommitteeOrFairness committeeAgainstRequest for examinationI do.

If you are dissatisfied with the decision on the request for examination, you can file a lawsuit in court, but you cannot file a lawsuit without requesting examination.[15].

The National Personnel Authority's impartiality examination is not a trial, but the person to be disposed of is the plaintiff, and the disposer is the defendant and the impartiality committee member.[Annotation 5]Is examined in the form of a judge.There is a public examination that can be heard, but it can also be a private examination.代理人を立てることもできるが、裁判同様にYou can have an agent, but just like in a trialLawyerIt may be, but it may be an agent designated by the person to be disposed of because it is different from the trial.In addition, both the person to be disposed of and the person to be disposed of can invite witnesses.The person to be disposed of may request the attendance of witnesses from the side of the disposer, but it is at the discretion of the impartiality committee whether or not it is necessary.For the hearing, prepare a document (A is the person to be disposed of, B is the person to be disposed of) and use it as evidence.The impartiality committee will cross-examine in accordance with the document, and the person to be disposed of will cross-examine the disposer or the witness on the disposer's side.The examination takes one to two days, and it takes six months to a year for the National Personnel Authority to make a decision.

Discretion and judicial review

As mentioned above, it is up to the discretion of the appointee to decide what kind of disciplinary action should be taken against the employee who has committed the wrongdoing. Discretionary power of (Administrative discretion) AgainstJudicial reviewThe issue is how much (legal/illegal examination) is extended. Regarding this, because of the violation of the dispute prohibition rule, etc., three customs officials who are union executives were punished as disciplinary dismissals based on Article 3 No. 82 and No. 1 of the National Civil Service Act. Judgment on invalidation confirmation and cancellation action of the disposition made by[16]At that time, the Supreme Court explained, “Judgment should be judged to be illegal only when it is recognized that the disposition is remarkably unreasonable due to social convention and abused discretionary power."

“The disciplinary right is responsible for the cause, motive, nature, mode, result, influence, etc. of the act recognized as being applicable to the disciplinary reason, the attitude of the civil servant before and after the right act, the history of disciplinary action, etc. It is believed that it is possible to decide whether to take disciplinary action and what kind of action should be taken when disciplinary action is taken, in consideration of various circumstances such as the effect on the other civil servants and society. However, as long as the decision is made comprehensively considering the wide range of circumstances shown on the right, the person who is familiar with the circumstances within the agency and who has the opposition to command and supervise the staff of the Tokyo metropolitan area. It must be said that one cannot expect proper results unless it is left to the discretion of the public sector, and therefore whether or not a civil servant will be subject to disciplinary action, if there are disciplinary grounds stipulated by national public law. It should be understood that the discretionary discretionary authority is at the discretion of the disciplinary person, and of course the right discretion is not arbitrary. However, the disciplinary action taken by the disciplinary right person as exercising the right of discretion shall not be deemed to be abusing it, which deviates from the purpose of granting the discretionary power because it is remarkably unreasonable in social ideas. It should be said that it is not illegal as it is within its discretionary powers, therefore, the court takes the same position as the disciplinary right in examining the suitability of the right disposition. Disciplinary action should be taken or what type of action should be taken, and the result should not be compared with the disciplinary action and its weight should not be discussed. It should be judged as illegal only if the disposition based on exercise is found to be remarkably unreasonable in social terms and abuse of discretionary power.”

Special Disciplinary Procedures for Judicial Police Officers

A person (police officer) who has the authority to discipline or dismiss a judicial police officer when he / she finds it necessary when he / she does not follow the instructions or instructions of the public prosecutor without a justifiable reason. If so, the Public Safety Commission, etc.) may be prosecuted for disciplinary action or dismissal, and the person who receives the prosecution shall, when he / she finds that the prosecution set forth in the preceding paragraph is grounded, separately provide for it by law. The prosecuted person must be disciplined or dismissed.

Disciplinary action against professionals

Disciplinary action by each disciplinary authority is stipulated in the professional profession based on the respective grounds law.

In addition, it is often said that a third party can file a petition for the commencement of disciplinary proceedings, and such a petition is filed.Disciplinary requestThat.Judicial scrivener,Administrative scrivenerDisciplinary claims against some professionals, such as, because the grounds law stipulates that "take measures"Request for measures(For example, Niigata Prefecture Administrative Scrivener and Administrative Scrivener Corporation's Measure Request Office Handling Guidelines, Article 2, Paragraph 1[17]).

Lawyer disciplinary action

Lawyer
Foreign law attorney

Disciplinary action of tax accountant

Disciplinary action of a judicial scrivener

Disciplinary action under the judicial scribe law

Disciplinary grounds

The judicial scrivener violated the judicial scrivener law or an order based on the law (Article 47 Pillar of the Judicial Scrivenist Law).

Types of disciplinary action
  • Warning
  • Suspension of business within two years
  • Prohibition of business
Disciplinary request (request for measures)

When any person thinks that a judicial scrivener or a judicial scrivener corporation has a fact that it violates the Judicial Scrivenist Law or an order based on the law, he / she should notify the Minister of Justice of the fact and take appropriate measures. It can be requested (Article 49, Paragraph 1 of the Judicial Scrivener Law).

Disciplinary action by the judicial scrivener association

The unit to which each judicial scrivener belongsScrivener AssociationAlso, disciplinary action is stipulated by internal regulations.The reason for the disciplinary action and the type of disciplinary action are left to each unit meeting.[18].

Disciplinary action of administrative scrivener

Disciplinary action under the Administrative Procedures Legal

Disciplinary grounds

When the administrative scrivener law, orders based on the law, rules and other dispositions of the prefectural governor were violated, or there was a serious misconduct that was not suitable for being an administrative scrivener (Certified Administrative Procedures Legal Article 14 Pillar).

Types of disciplinary action
  • Warning
  • Suspension of business within two years
  • Prohibition of business
Disciplinary request (request for measures)

When any person considers that there is a disciplinary reason for an administrative scrivener or an administrative scrivener corporation, he / she notifies the administrative scrivener or the prefectural governor having jurisdiction over the location of the office of the administrative scrivener corporation of the fact and is appropriate. It is possible to request that measures be taken (Article 14-3, Paragraph 1 of the Administrative Scrivener Law).

Disciplinary action by the administrative scrivener association

Unit to which each administrative scrivener belongsAdministrative scrivener associationAlso, disciplinary action is stipulated by internal regulations.The reason for the disciplinary action and the type of disciplinary action are left to each unit meeting.[18].

Disciplinary action in court

Disciplinary action on ships

Sailor (Sailor LawThe Labor Standards Act does not apply to the seafarers stipulated in Article 1 (Article 116 of the Labor Standards Act), and the discipline against seafarers is provided separately by the Seafarers Act.

The seafarers (crew members other than the captain) must observe the following matters (Article 21 of the Sailor Law), and the captain can discipline them if the seafarers do not comply with these matters (the Sailor Law). Article 22).

  1. Follow the manager's business order.
  2. Do not neglect the duties or interfere with the duties of other crew members.
  3. Board the ship by the time specified by the captain.
  4. Do not leave the vessel without the permission of the captain.
  5. Do not use lifeboats or other important equipment without the captain's permission.
  6. Don't waste food or fresh water on board.
  7. Do not use electricity or fire without permission of the captain, or do not smoke in prohibited areas.
  8. Do not bring items other than daily necessities into or out of the ship without the captain's permission.
  9. Do not engage in fighting, sickness or other violent acts on board.
  10. Do not disturb anything else on board.

The range of discipline that the captain can impose is as follows (Article 23 of the Sailor Law). However, when attempting to discipline a sailor, one must witness three or more sailors to inspect the person and related persons and then hear the witness's opinions (Article 3 of the Sailor Law).

  • Landing within 10 days is prohibited (only the number of berths is included)
  • Warning

Disciplinary action at school

School rulesThe disciplinary action to be taken against a person who violates the regulations depends on the school/installer, but there are mainly the following.

  • Drop out-School (exclusion) --In the case of withdrawal, the school will be "dropped out (dropped out)", but in the case of expulsion (expulsion), the fact that you were in the school will be deleted and you will not be allowed to return to school. There are also measures that will not be recognized as educational background.
  • Withdrawal recommendation -It encourages students who have had problem behaviors to voluntarily withdraw.
  • Suspension -There is an indefinite suspension without a deadline and a fixed suspension with a deadline. In the case of indefinite suspension, it will be canceled due to the circumstances of the person's reflection, and the fixed suspension will be canceled at the expiration of the period regardless of the attitude of the person. Therefore, an indefinite suspension may be shorter than that of a fixed suspension.
  • Admonition
  • Humbleness ――The disposition is based on suspension, but recently there is also a “school scrutiny” where students study in separate rooms such as the student guidance room, library, and conference room.
  • Special instruction -This is one of the reprimands that is called and advised by the principal and the president and president (this is slightly different from the reciprocity of civil servants).

Among the disciplinary actions, withdrawal, suspension, and disclaimers are said to be carried out by the principal (including deans commissioned by the president at the university). In addition, withdrawal from school is not carried out to school-aged children and school-aged students in public elementary and junior high schools, elementary and junior high schools of special needs schools (however, it is considered that it will be carried out when attached to a university), suspension and discipline Do not apply to all school-age children and school-age children. It should be noted that for elementary and junior high school students who have had a problematic behavior under the School Education Act, etc.AttendanceIs a disciplinary measure, not a disciplinary measure, issued to parents and guardians of school children in order to maintain the order of the school and ensure the educational rights of other school children.

In the case of disposition other than withdrawal, voluntary withdrawal may be recommended at the same time as the disposition. In addition,corporal punishment TheSchool education law(Showa 22 Law No. 26) Prohibited by Article 11 and employees who have been given corporal punishment are subject to disciplinary action and criminal penalties (assault and injury).

Also, rebuke was not seen as a problem as a necessary disciplinary measure, but in March 2017Ikeda Junior High School (Fukui Prefecture)A male student (2nd grader at the time) suffered from relentless reprimand from class teachers and assistant teacherssuicideSince an incident occurred that occurred on October 10, the same year,Ministry of educationPointed out, "Repeated mischief may lead to increased stress and anxiety, loss of self-confidence and motivation, and mentally hunting down."Board of educationTherefore, it is likely that the staff who relentlessly reprimand will be disciplined in the future.

In addition, public schools have jurisdiction over removal, expulsion recommendation, suspension, admonition, and discipline.Board of educationSome municipalities say they have to report to.In addition, even if it does not violate the school rules, if an illegal act is discovered, disciplinary action may be taken for this reason.For example, in high schools and universities, if underage drinking or criminal offenses are arrested, the school may drop out.

  • Removal --It is not a disciplinary measure, but an administrative procedure.In addition to graduation, dropout, and death, tuition fees will be delinquent, the period of study will be exceeded, students will not return to school even after the period of leave of absence, and if they are missing for a long period of time, they will be removed from the register.

Discipline at home

CommonlyPunishmentIt is also often called. There is a long history of the past, and since the revision was only recent, first, from the Meiji Civil Code enforced in 1898 (Meiji 31) to 2011 (23), Article 822 of the Civil Code Explain how it was written.

  • (Clause XNUMX) A person who exercises parental authority may discipline his child within the necessary range or put it into disciplinary ground with the permission of the family court.
  • (Clause XNUMX) The period for placing a child in the disciplinary field is set by the family court within the range of XNUMX months or less. However, this period may be shortened at any time at the request of the person who exercises parental authority.

The Meiji Civil Code rulesAfter the warIt was inherited by the revision of the Civil Code of.

However, since the facility corresponding to the “disciplinary ground” in paragraph 1 did not actually exist, the latter half of paragraph 2011 and paragraph 23 were meaningless and did not function. Therefore, in XNUMX (XNUMX) revision, the part related to disciplinary ground was deleted and it became as follows.

  • Person who has custodyMay discipline the child to the extent necessary for custody and education under Article 820 (Civil Code Article 822).

In other words, the parent has disciplinary action (to add physical and mental pain for the purpose of correcting inappropriate behavior) if the child has inappropriate behavior in order to protect and educate the child. it can. The decision as to whether or not to discipline and the content thereof is, in effect, left to the discretion of the parent.

What has been done for a long time is that, for example, in the case of an infant, the infant does something that may be dangerous (to the child himself/herself or others), and the parent must not do such an action. When the behavior does not change even if you pay attention several times, for the purpose of education (discipline), you have to slap your buttocks (with some adjustment) and with the sense of the body, the seriousness of the action. It is to make people feel and to change their behavior. It is said that pre-war militarism education had a great influence on what was commonly done in the past. Disciplinary action was often said to be "settled."

However, since disciplinary action is said to be for the benefit of the child (Article 820) and to achieve the purpose of education, it is permitted only to the extent necessary for that purpose. Excessive discipline beyond this range may be considered as "abuse of disciplinary power," especially when violent or yellingCrime of injury-Assault crimeIs considered to constitute a crime such asChild abuseMay be considered.

Handling of disciplinary action information

Publication by national civil servants

Disciplinary actions beyond the warning to national government employees will be made public in principle based on the "Guidelines for Publicizing Disciplinary Actions" enacted in 15, so the organization name, job title, etc. will be announced.[19].. (However, as an exception, "when there is a risk of infringing the rights and interests of the victim or its related parties, etc." and "when it is deemed inappropriate", "a part or all of the published content" It is okay not to publish the information. "[20]. )

Dismissal("Voluntary retirement""Voluntary retirement") Is not a disposition stipulated by law, so there is no need to describe it, and it does not remain in the record of the disposing side. (In addition, retirement allowances and pensions are usually paid.)

Resume

Regarding the disciplinary action taken under the provisions of the law, "Disciplinary action is a disposition stipulated by law, so administrative procedures are required and it remains in the history of the disposition. Therefore, those who have received disciplinary action ,ResumeYou must state that in the award and punishment column of. " However, there is a view that this is wrong. "'The criminal record and criminal record are matters that are directly related to the honor and credibility of a person, and some people with criminal records have the benefit of legal protection that they will not be disclosed unnecessarily.'"Supreme Court ruling[Needs verification][21]There is. There is also an opinion that "it is natural to include that you are not forced to disclose past criminal records by yourself."

However, it is necessary to state in the resume that in what year a certain organization (corporation) "retired". (If a candidate for the public office election hides this, it could be a violation of the Public Offices Election Act).

Disciplinary action and reduction / disappearance of salary / retirement allowance

Civil servant

If disciplinary action is taken, it will be considered as "a person with poor work performance", which will affect the work performance at the time of bonus (bonus cut), and depending on the degree of disposition, the salary increase period may be extended or the amount of salary increase may be suppressed. It will suffer various disadvantages in terms of personnel affairs later.

As a general rule, you will be suspended from engaging in duties during the period of suspension (= considered to be the period during which you did not work), so the term-end allowance (bonus) for the period belonging to the month in which you received the suspension The effect appears.

In civil servantsLimitAs for the so-called "dismissal of disciplinary action", the person who has been dismissed from disciplinary action is usually exempted from the notice of dismissal by the competent authority.Severance payWill not be paid and will be subject to sanctions such as a considerable reduction.

footnote

[How to use footnotes]

注 釈

  1. ^ Before the provisions of these laws are made,Civilian Disciplinary Order(Royal Decree No. 32 of 63) (Later renamed "Government Disciplinary Order") stipulated disciplinary action.
  2. ^ Article 85 of the National Civil Service Law (Relationship with Criminal Trial)
    The case that should be disciplined is a detective裁判 所Even while pending inNational Personnel AuthorityAlternatively, with the approval of the National Personnel Authority, the appointed person may proceed with disciplinary proceedings as appropriate for the same case. Disciplinary action under this Act does not prevent the employee from being repeatedly charged with criminal charges in the same or related cases.
  3. ^ Fair examinationThe term is a general term for disciplinary action, request for examination of limited disposition, request for administrative measures regarding working conditions, request for examination regarding implementation of accident compensation, and request for examination regarding salary determination.[10]..Legally, it is a "claim," "request," or "petition," not an "offer."
  4. ^ In the case of members who are employees of the Acquisition, Technology and Logistics Agency, it is based on the provisions of Article 48-2 of the Self-Defense Forces Act.If you are not an employee of the Acquisition, Technology and Logistics Agency, the chief minister of the Disposal Agency will be the Minister of Defense under the provisions of the Administrative Appeal Act.
  5. ^ Established pursuant to the provisions of Article 19 of the National Personnel Authority Rule XNUMX-XNUMX (Request for Examination of Disadvantageous Disposition).

Source

  1. ^ "Disciplinary action』- Koto bank
  2. ^ "Female teacher, confessed by students, dating and kissing are also dismissed ... Because parents requested generous disposition (Yomiuri Shimbun online)”(Japanese). Yahoo! News. 2021/10/23Browse. “The teacher told the parents of the students the facts of the relationship and gained their understanding. The parents submitted a written opinion to the prefectural board of education requesting a generous disposition to the teacher. The prefectural board of education considered the written opinion. After that, it is said that the content of the disposal was decided. "
  3. ^ "A 35-year-old male teacher in high school who was kissed by a student girl student received disciplinary action for 3 months suspension and retired”(Japanese). www.tokai-tv.com. 2021/10/23Browse.
  4. ^ "Suddenly, a high school girl kisses the teacher's cheek at a career counseling in the car ... The same situation twice after that: Society: News”(Japanese). Yomiuri Shimbun Online (September 2021, 7). 2021/10/23Browse. "The Mie Prefectural Board of Education announced on the XNUMXth that it had disciplined a male teacher (XNUMX) from a prefectural high school for three months because he had an inappropriate relationship with a female student. The teacher retired on the XNUMXth. bottom."
  5. ^ "What happens if I receive disciplinary action? Explain in detail the types and standards of disciplinary action!”(Japanese). My Navi News (September 2021, 7). 2021/10/23Browse.
  6. ^ "Survey on Employment and Retirement-Survey on Labor Contracts (I)-". Domestic labor information. 14-03 (Japan Institute for Labor Policy and Training). (2014-03-20). https://www.jil.go.jp/kokunai/reports/report003.html. 
  7. ^ Yujiro Takahashi 2002, p. 165
  8. ^ Kazuo Sugeno 1996, p. 82
  9. ^ Payment of term-end allowance and diligence allowance (from the Secretary-General of the National Personnel Authority, December 38, 12, Salary No. 20)Section 35-Section 37
  10. ^ "Fair examination system for national civil servants".National Personnel Authority. https://www.jinji.go.jp/kouheisinsa/index.html 2020/9/23Browse. 
  11. ^ National Civil Service Law, Article 99, Paragraph 1
  12. ^ Article 20, Paragraph 5 of the Foreign Affairs and Civil Service Law
  13. ^ Article 19, Paragraph 1 of the Foreign Affairs and Civil Service Law
  14. ^ Article 49, Paragraph 4 of the Self-Defense Forces Act
  15. ^ Article 92-50 of the National Civil Service Law, Article 2-51 of the Self-Defense Forces Law, Article 2-XNUMX of the Local Civil Service Law
  16. ^ Supreme Court Third Small Court Dec. 52, 12 Judgment / Case name: Confirmation of invalidity of administrative disposition, etc. (commonly known as Kobe Customs staff disciplinary dismissal)
  17. ^ "Administrative scrivener and administrative scrivener corporation measure request office work handling guidelines (pdf) ”. Niigata Prefecture. 2021/8/4Browse.
  18. ^ a b "Comparison table of member disposal by professional organizations (pdf) ”. JPO website. 2021/7/26Browse.
  19. ^ Disciplinary action publication guidelines(November 15, 11 General visit-10, from the Secretary-General of the National Personnel Authority)
  20. ^ See "15 Exceptions to Publication" in "Guidelines for Disciplinary Actions" (November 11, 10, General Information-786, Secretary-General of the National Personnel Authority)
  21. ^ Supreme Court Third Small Court Showa 52 (e) 323 Compensation for damages, etc. April 56, 4 Judgment dismissed Minshu Vol. 14, No. 35, p. 3

References

  • Yujiro Takahashi, "Mechanisms and Procedures for Immediately Useful Labor Law," Sanshusha, 2002.ISBN 978-4384029291. 
  • Kazuo Sugeno, Law of Employment Society, Yuhikaku Publishing, 1996.ISBN 978-4641047846. 

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