Personnel Exchange between Private Enterprises and the Government Sector
For Mutual Understanding, Human Resources Development and Vitalization of Organizations
Invitation to Participate in Personnel Exchange with Government Organizations
Purpose of the Personnel Exchange System between Private Enterprises and the Government Sector
Private enterprises and government organizations have to contribute to the development of Japan, playing different roles respectively, due to the increasing need for the reform of overall social and economic systems.
The personnel exchange system based on the "Act on Personnel Exchange between the Government Sector and Private Enterprises (the Act on Public-Private Personnel Exchange )" aims to deepen mutual understanding between the private and the government sectors, to vitalize organizations in the both sectors, and to develop human resources through personnel exchange between private enterprises and government organizations, while ensuring fair operations of the public services under transparent, open and fair procedures.
The NPA hopes that many private enterprises will participate in this program so that this system will serve as an opportunity to expand personnel exchange and promote mutual development of the private and the government sectors.
Outline of the Personnel Exchange System
The personnel exchange system allows private enterprises to accept national public employees as their employees and dispatch their employees to the government sector as national public employees, ensuring fair operations of the public services.
This is realized under the two mechanisms of "Exchange through Dispatch" and "Exchange through Recruitment" which facilitate personnel exchange between private enterprises and government organizations having different behavioral principles.
From a Government Organization to a Private Enterprise
From a Private Enterprise to a Government Organization
From a Government Organization to a Private Enterprise
From a Private Enterprise to a Government Organization
Mechanism of the Personnel Exchange System (Exchange through Dispatch and Exchange through Recruitment)
Exchange through Dispatch (From a Government Organization to a Private Enterprise)
This system allows private enterprises to employ and assign national public employees as their employees for a certain period of time.
The national public employees dispatched to a private enterprise maintain their position as a national public employee while they are employed by the enterprise but are not allowed to engage in national public services and must devote themselves to duties assigned by the enterprise.
The government transfers these national public employees from the Office or each Ministry to the NPA and the NPA dispatches them to private enterprises as NPA personnel.
- Period:
- Up to three years (Extendable up to five years when necessary)
- Discipline:
- In addition to the regulations for national public employees (confidentiality, etc.) (see note), there are restrictions such as:
- Prohibition of engaging in application for permission and authorization to the Office, Ministry, etc. where the national public employee was working before being dispatched to the enterprise
- Prohibition of behavior in which any influence related to the position of being a national public employee, etc. is utilized
- Remuneration:
- Paid by the private enterprise in question (No remuneration paid by the government)
- Benefits:
- The benefits package provided to private enterprise employees, excluding the pension and employment insurances, is applied to the dispatched national public employees.
Exchange through Recruitment (From a Private Enterprise to a Government Organization)
This system allows government organizations to employ and assign private sector employees as their employees for a fixed period of time.
Private sector employees who are employed by the government sector under this system leave the enterprise (retirement-type) or maintain the employment relationship with the enterprise (continued employment-type). The Office/Ministry and enterprises discuss and work out an arrangement in advance regarding the return of the employees after completion of the exchange period.
- Period:
- Up to three years (Extendable up to five years when necessary)
- Discipline:
- In addition to the regulations for national public employees (See Note), there are restrictions such as:
- Prohibition of assuming a position at the enterprise where the employee was working before being employed by the government sector (excluding the case when the employee takes up the position according to the agreement between the relevant government organization and the private enterprise based on the continued employment-type exchange)
- Prohibition of assigning to a position which has authority over the enterprise where the employee was working before being employed by the government sector
- Remuneration:
- Paid by the government (No remuneration is to be paid by private enterprises)
- Benefits:
- The benefits package provided to national public employees are applied.
(Note) The regulations for national public employees include:
- National public employees must not engage in behavior that harms the trust related to their positions or disgraces the entire public services.
- National public employees must not reveal trade secrets (even after retirement).
- National public employees must not make donations to political parties or for political purposes or engage in profit-making activities.
Flow of Procedures for Implementation of the Personnel Exchange
Personnel exchange starts with an application made by a private enterprise.
Private enterprises hoping for personnel exchange are requested to apply for the "announcement of the vacancies" offered by the NPA. (Please submit written requirements for personnel exchange (age, career, assignments, post, period, etc.) to the NPA.)
The NPA issues a list of applicant enterprises and their requirements to the Office and Ministries.
The Office and each Ministry selects a private enterprise from the list, holds discussions with it, and produces a personnel exchange plan. (The Office and each Ministry is required to submit the plan to the NPA for approval.)
| The private enterprise works out an arrangement with the NPA on the working conditions of the national public employee to be dispatched. |
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| The national public employee to be dispatched is transferred from the Office or a Ministry to the NPA. |
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| The private enterprise concludes a labor contract with the dispatched national public employee, and employs and assigns him/her for a certain period of time. |
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| Upon completion of the exchange period, the dispatched employee returns to his/her Office or Ministry. |
| [Retirement-type] | [Continued employment-type] |
|---|---|
| The private enterprise works out an arrangement with the recruiting Office or Ministry on re-employment of the recruited private enterprise employee after completion of the exchange period. | The private enterprise works out an arrangement with the recruiting Office or Ministry on employment of the recruited private enterprise employee during the exchange period, re-employment of the employee after completion of the exchange period, etc. |
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| The employee retires from the private enterprise for the exchange. | (The employee need not retire from the private enterprise.) |
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| The Office or Ministry employs and assigns the private enterprise employee as a national public employee for a fixed term. | |
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| Upon completion of the exchange period, the private enterprise re-employs the employee. | Upon completion of the exchange period, the employee returns to the private enterprise. |
Exchange Standards
The NPA Rules establishes certain standards to implement appropriate personnel exchange, ensuring public trust to the fairness of the public services, as follows:
- Restriction of personnel exchange between the Office or Ministry and a private enterprise when the Office or Ministry has authority over the enterprise
- Restriction of personnel exchange with a private enterprise having a contract relationship with the government
- Other matters necessary for appropriate implementation of the personnel exchange system