Waseda University Institute of Comparative Law

     To make the systems relating to the national government employees who take on the operation of state administration responsive to the social and economic changes, the initial reforms are currently underway to ensure that the human resources are managed based on each individual’s ability and performance, and reemployment (so-called “golden parachuting”) of national government employees is properly conducted. However, to further reform the current system to a system under which national government employees can develop their capabilities and, as civil servants, perform their duties with awareness of their responsibilities and pride from the people's standpoint, it is essential to consider the implementation of a reform of the entire personnel management system that covers all mutually relevant issues including hiring, capability development, promotion and retirement in a comprehensive and consistent manner. To promote such comprehensive reform of national government employee system, a law that clarifies the basic concepts of and policy on the national government employee system reform and establishes the organization that will carry on specific study for the reform was implemented.

     The main text of this law consists of three chapters and twenty-three articles. Chapter 1 contains general provisions including basic concepts of reform of national government employee system. Chapter 2 contains more specific provisions concerning basic policy on the direction of reform of national government employee system. Chapter 3 contains provisions concerning the Task Force on Reform of National Government Employee System that will carry on a specific study on the reform. The core points of legislation will be explained below for each chapter.
     Chapter 1 stipulates the following seven basic concepts: (1) national government employees shall soundly fulfill their role under the parliamentary system; (2) people with various abilities and experience shall be recruited and fostered; (3) personnel exchange between public and private sectors shall be promoted and the liquidity of people in the public sector shall be increased; (4) people with high ability who can serve their national interest in the international society shall be recruited and fostered; (5) professional ethics as civil servants and a proper evaluation system based on the ability and performance shall be established; (6) fair employment conditions based on the ability and performance shall be ensured and work environment where workers can well balance their work and private life shall be created to contribute to creating a society in which men and women can participate equally; and (7) a system that holds the government accountable to explain the personnel management of national government employees throughout the government shall be established (Article 2). The Law also states in this chapter that in the event that any law needs to be enacted for the implementation of the reform, the bill shall be submitted to the Diet within three years after the promulgation of this law, and all measures for the reform shall be finally taken within five years after the promulgation of this law (Article 4). Chapter 2 describes the basic policy of the proposed reform for each of the seven basic concepts in detail (Articles 5 to 11). Regarding the pending issue on the basic labor rights, the Law stipulates that a study shall be conducted on how far the scope of national government employees who are entitled to enter into a collective agreement should be expanded, and a specific reform in this area shall be implemented (Article 12). Finally, Chapter 3 contains provisions that stipulate that the Task Force on Reform of National Government Employee System shall be installed in the Cabinet to promote a reform of national government employee system in a comprehensive and intensive manner (Article 13) and that the operation period of this Task Force shall be five years from the date of installation (Article 21).

     There are some issues to be addressed including: (1) The Law attempts to strengthen the personnel management function by the Cabinet through implementation of a system to manage personnel in an integrated fashion by establishing the Cabinet Personnel Bureau in the Cabinet Secretariat and by delegating to the Cabinet the responsibility to appoint Administrative Vice-Minister, Director-General of Bureau and other executive officers, and other management employees such as section chiefs and office chiefs (Articles 5 and 11). Can this system actually bring about significant changes in the current personnel management operation?; (2) To abolish the current personnel management system, i.e. so-called fast-track career system, the examination classifications on which the selection and sorting of new employees are based will be fundamentally reviewed, and a new training system to foster management staff after employees are hired will be implemented (Article 6). Can this system be truly effective?; and (3) If the scope of national government employees who are entitled to enter into a collective agreement is expanded (Article 12), how can the actual negotiation system between the government and union be constructed?