If a specified entrusting business operator entrusts its business to a specified entrusted business operator, the date of remuneration payment must be set on the earliest possible date that is no later than 60 days from the day on which the specified entrusting business operator receives the work from the specified entrusted business operator (if the business is entrusted pursuant to Article 2, paragraph (3), item (ii), from the day on which the service was provided by the specified entrusted business operator; the same applies in the following paragraph), regardless of whether or not the specified entrusting business operator inspects the details of the work performed by the specified entrusted business operator.
In the case referred to in the preceding paragraph, if the date of remuneration payment is not set, the day on which the specified entrusting business operator receives the work from the specified entrusted business operator is deemed to be the date of remuneration payment, and if the date of remuneration payment is set in violation of the provisions of that paragraph, the final day in the sixty-day period that commences on the day on which the specified entrusting business operator receives the work from the specified entrusted business operator is deemed to have been set as the date of remuneration payment.
Notwithstanding the provisions of the preceding two paragraphs, if a specified entrusting business operator that has been entrusted with business by another enterprise (referred to below as the "first entrusting business operator" in this paragraph and paragraph (6)) further entrusts all or part of the relevant entrusted business (referred to below as the "business entrusted by the first entrusting business operator" in this paragraph and paragraph (6)) to a specified entrusted business operator (limited to cases in which the specified entrusting business operator has clearly indicated to the specified entrusted business operator that the business is being further entrusted to it, the personal or trade name of the first entrusting business operator, the date of payment of the price of the business entrusted by the first entrusting business operator (referred to below as the "date of payment for the business entrusted by the first entrusting business operator" in this paragraph and the following paragraph), and other matters specified by the Rules of the Fair Trade Commission pursuant to the provisions of paragraph (1) of the preceding Article), the date of remuneration payment for the relevant business to be further entrusted to the specified entrusted enterprise must be set on the earliest possible date that is no later than 30 days from the date of payment for the business entrusted by the first entrusting business operator.
前二項の規定にかかわらず、他の事業者(以下この項及び第六項において「元委託者」という。)から業務委託を受けた特定業務委託事業者が、当該業務委託に係る業務(以下この項及び第六項において「元委託業務」という。)の全部又は一部について特定受託事業者に再委託をした場合(前条第一項の規定により再委託である旨、元委託者の氏名又は名称、元委託業務の対価の支払期日(以下この項及び次項において「元委託支払期日」という。)その他の公正取引委員会規則で定める事項を特定受託事業者に対し明示した場合に限る。)には、当該再委託に係る報酬の支払期日は、元委託支払期日から起算して三十日の期間内において、かつ、できる限り短い期間内において、定められなければならない。
In the case referred to in the preceding paragraph, if the date of remuneration payment is not set, the date of payment for the business entrusted by the first entrusting business operator is deemed to be the date of remuneration payment, and if the date of remuneration payment is set in violation of the provisions of that paragraph, the final day in the thirty-day period that commences on the date of payment for the business entrusted by the first entrusting business operator is deemed to have been set as the date of remuneration payment.
A specified entrusting business operator must remunerate the specified entrusted business operator by the date of payment specified pursuant to the provisions of paragraph (1) or paragraph (3) or by the date of payment referred to in paragraph (2) or the preceding paragraph; provided, however, that if the specified entrusting business operator is unable to remunerate the specified entrusted business operator due to grounds attributable to the specified entrusted business operator, the specified entrusting business operator must pay the remuneration within 60 days (or within 30 days in the case referred to in paragraph (3)) from the day on which those grounds cease to exist.
In the case referred to in paragraph (3), if a specified entrusting business operator receives an advance payment from the first entrusting business operator, the specified entrusting business operator must give due consideration to make sure that the specified entrusted business operator to which the specified entrusting business operator further entrusted all or part of the business entrusted by the first entrusting business operator receives an advance payment for the costs necessary to commence the work for business entrustment, including the procurement of materials.