Chapter III Improvement of the Working Environment for Specified Persons Engaged in Entrusted Business
第三章 特定受託業務従事者の就業環境の整備
Article 12Accurate Presentation of Recruitment Information
第十二条（募集情報の的確な表示）
When a specified entrusting business operator provides information concerning the recruitment of a specified entrusted business operator (limited to information on the business and other matters specified by Cabinet Order as work-related matters) to which the specified entrusting business operator is to entrust its business, by placing advertisements in newspapers, magazines, or other publications, by posting or distributing documents, or by any other means specified by Order of the Ministry of Health, Labour and Welfare (referred to as "advertisements, etc. " in the following paragraph), the specified entrusting business operator must not make false or misleading representations regarding the information.
When a specified entrusting business operator provides the information referred to in the preceding paragraph through advertisements, etc., it must keep the information accurate and up-to-date.
Article 13Consideration Regarding Pregnancy, Childbirth, Childcare, or Nursing Care
第十三条（妊娠、出産若しくは育児又は介護に対する配慮）
In response to a request from a specified entrusted business operator that is the other party to the relevant business entrustment (limited to business entrusted for a period equivalent to or longer than the period specified by Cabinet Order (including business to be entrusted continuously for a period equivalent to or longer than the period specified by Cabinet Order after the relevant business entrustment contract is renewed); referred to below as "continued business entrustment" in this Article and Article 16, paragraph (1)), the specified entrusting business operator must give due consideration to the circumstances of the specified entrusted business operator (if the specified entrusted business operator is a corporation stated in Article 2, paragraph (1), item (ii), its representative) so that the specified entrusted business operator can engage in the continued business entrustment while maintaining a balance with pregnancy, childbirth, childcare, or nursing care (referred to below as "childcare and nursing care, etc. " in this Article).
特定業務委託事業者は、その行う業務委託（政令で定める期間以上の期間行うもの（当該業務委託に係る契約の更新により当該政令で定める期間以上継続して行うこととなるものを含む。）に限る。以下この条及び第十六条第一項において「継続的業務委託」という。）の相手方である特定受託事業者からの申出に応じて、当該特定受託事業者（当該特定受託事業者が第二条第一項第二号に掲げる法人である場合にあっては、その代表者）が妊娠、出産若しくは育児又は介護（以下この条において「育児介護等」という。）と両立しつつ当該継続的業務委託に係る業務に従事することができるよう、その者の育児介護等の状況に応じた必要な配慮をしなければならない。
In response to a request from a specified entrusted enterprise that is the other party to the relevant business entrustment that is not continued business entrustment, a specified entrusting business operator must endeavor to give due consideration to the circumstances of the specified entrusted business related to childcare and nursing care, etc. (if the specified entrusted business operator is a corporation stated in Article 2, paragraph (1), item (ii), its representative) so that the specified entrusted business operator can engage in the entrusted business while maintaining a balance with childcare and nursing care, etc..
第十四条（業務委託に関して行われる言動に起因する問題に関して講ずべき措置等）
A specified entrusting business operator must take necessary measures, including the establishment of a system necessary for responding to and appropriately handling consultations from a specified person engaged in entrusted business, to ensure that the circumstances stated in the following items will not arise as a result of conduct or statements prescribed in those items which are made against that person relating to the relevant business entrustment:
subjecting a specified person engaged in entrusted business to disadvantageous conditions for their business entrustment (if the person is the representative of a corporation stated in Article 2, paragraph (1), item (ii), the corporation) as a response to that person's reactions to sexually inappropriate conduct or statements, or damaging the working environment of the specified person engaged in entrusted business through sexually inappropriate conduct or statements;
damaging the working environment of a specified person engaged in entrusted business by engaging in conduct or making statements on grounds that are related to pregnancy or childbirth and are specified by Order of the Ministry of Health, Labour and Welfare;
特定受託業務従事者の妊娠又は出産に関する事由であって厚生労働省令で定めるものに関する言動によりその者の就業環境を害すること。
damaging the working environment of a specified person engaged in entrusted business by taking advantage of a superior position in the business relationship to an extent exceeding the scope necessary and reasonable for the performance of the entrusted business.
A specified entrusting business operator must not cancel a business entrustment contract with a specified person engaged in entrusted business (or, if the person is the representative of a corporation stated in Article 2, paragraph (1), item (ii), the corporation) or subject that person to any other disadvantageous treatment on the grounds that the person has sought consultation referred to in the preceding paragraph or that the person stated a fact when cooperating with the specified entrusting business operator's handling of the consultation.
第十五条（指針）
The Minister of Health, Labour and Welfare is to make public the guidelines necessary for a specified entrusting business operator to adequately handle the matters specified in the preceding three Articles.
厚生労働大臣は、前三条に定める事項に関し、特定業務委託事業者が適切に対処するために必要な指針を公表するものとする。
Article 16Advance Notice of Cancellation
第十六条（解除等の予告）
If a specified entrusting business operator seeks to cancel a contract for continued business entrustment (including if a specified entrusting business operator seeks not to renew the contract after it expires; the same applies in the following paragraph), it must give advance notice of this at least 30 days in advance to the specified entrusted business operator that is the other party to the contract pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; provided, however, that this does not apply if it proves difficult to give advance notice due to a natural disaster or any other unavoidable circumstances, or in any other case specified by Order of the Ministry of Health, Labour and Welfare.
If during the period from the day on which the advance notice was given as stated in the preceding paragraph until the day on which the contract expires as stated in that paragraph, a specified entrusted business operator requests a specified entrusting business operator to disclose the reasons for cancelling the contract, the specified entrusting business operator must disclose the reasons without delay to the specified entrusted business operator pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; provided, however, that this does not apply if there is a risk of harming the interests of a third party or in other cases specified by Order of the Ministry of Health, Labour and Welfare.
第十七条（申出等）
If there has been a violation of the provisions of this Chapter, a specified entrusted business operator that has been or seeks to be entrusted with business by a specified entrusting business operator may report that violation to the Minister of Health, Labour and Welfare and ask for appropriate measures to be taken.
If a report under the preceding paragraph is made, the Minister of Health, Labour and Welfare must conduct the necessary investigation, and if the Minister finds the content of the report to be true, the Minister must take measures based on this Act or any other appropriate measures.
厚生労働大臣は、前項の規定による申出があったときは、必要な調査を行い、その申出の内容が事実であると認めるときは、この法律に基づく措置その他適当な措置をとらなければならない。
The provisions of Article 6, paragraph (3) apply mutatis mutandis to the case referred to in paragraph (1).
第十八条（勧告）
If the Minister of Health, Labour and Welfare finds that a specified entrusting business operator is in violation of the provisions of Article 12, Article 14, Article 16, or Article 6, paragraph (3) as applied mutatis mutandis pursuant to paragraph (3) of the preceding Article, the Minister may recommend that the specified entrusting business operator take the necessary measures to rectify the violation or prevent future violations.
第十九条（命令等）
If the operator that has received a recommendation under the preceding Article (excluding recommendations regarding Article 14) fails to take the measures related to that recommendation without reasonable grounds, the Minister of Health, Labour and Welfare may order the operator that received the recommendation to take the measures related to the recommendation.
If the Minister of Health, Labour and Welfare issues an order under the preceding paragraph, the Minister may make that fact public.
厚生労働大臣は、前項の規定による命令をした場合には、その旨を公表することができる。
If the operator that has received a recommendation under the preceding Article (limited to recommendations regarding Article 14) fails to take the measures related to that recommendation without reasonable grounds, the Minister of Health, Labour and Welfare may make that fact public.
Article 20Collection of Reports and Inspection
第二十条（報告及び検査）
The Minister of Health, Labour and Welfare may have a specified entrusting business operator, a specified entrusted business operator, or any other person concerned submit a report on the entrusted business, or have its officials enter their offices or any other workplace and inspect their books and documents and other items, to the extent necessary for the enforcement of the provisions of Article 18 (excluding the part regarding Article 14) and paragraph (1) of the preceding Article.
The Minister of Health, Labour and Welfare may request a specified entrusting business operator to submit a report on the entrusted business, to the extent necessary for the enforcement of the provisions of Article 18 (limited to the part regarding Article 14) and paragraph (3) of the preceding Article.
The provisions of Article 11, paragraphs (3) and (4) apply mutatis mutandis to the entry and inspection under paragraph (1).