Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers
労働者派遣事業の適正な運営の確保及び派遣労働者の保護等に関する法律
Every term this law . Its definitions bind only this law — each entry says where the definition applies and links to the sentence that settles it. 84 terms: 32 with the Ministry of Justice's English, 52 in our translation, marked as such.
事業
In Section 4 of Chapter III, a business (事業) as referred to in Article 9 of the Labor Standards Act — the business or office (事業又は事務所) at which a worker is employed.
労働者派遣
Worker dispatch (労働者派遣): having workers one employs work for another person, under that person's direction and orders, while they stay in one's own employment — not including an arrangement in which one agrees with that person that it will employ the workers.
自己の雇用する労働者を、当該雇用関係の下に、かつ、他人の指揮命令を受けて、当該他人のために労働に従事させることをいい、当該他人に対し当該労働者を当該他人に雇用させることを約してするものを含まないものとする
労働者派遣
In Section 2 of Chapter II (Service Licensing) and Article 23, paragraphs (2), (4) and (5), worker dispatch (労働者派遣) carried on as a business — having workers one employs work for another person under that person's direction and orders, while they stay in one's own employment.
労働者派遣
In Article 7, paragraph (1) and Article 8 of the supplementary provisions of the Act on the Arrangement of Related Acts to Promote Work Style Reform (Act No. 71 of 2018), worker dispatch (労働者派遣) as defined in Article 2, item (i) of this Act — having workers one employs work for another person under that person's direction and orders, while they stay in one's own employment.
労働者派遣法第二条第一号に規定する労働者派遣
派遣労働者
A dispatched worker (派遣労働者): a worker employed by a business owner (事業主) who is the subject of worker dispatch (労働者派遣), as defined in Article 2, item (ii).
事業主が雇用する労働者であつて、労働者派遣の対象となるもの
派遣労働者
A dispatched worker (派遣労働者): a worker employed by a business owner (事業主) who is the subject of worker dispatch (労働者派遣), as defined in Article 2, item (ii).
労働者派遣法第二条第二号に規定する派遣労働者
事業主
In Article 44, the owner (事業主) of a business (事業) as referred to in Article 9 of the Labor Standards Act — the entity that runs it and employs its workers.
労働者派遣事業
Worker dispatching services (労働者派遣事業): carrying on worker dispatch (労働者派遣) as a business.
労働者派遣を業として行うこと
派遣元事業主
A staffing provider (派遣元事業主): a person that holds the license of the Minister of Health, Labour and Welfare under Article 5, paragraph (1) to carry on worker dispatching services (労働者派遣事業).
派遣元事業主
A staffing provider (派遣元事業主): a person that holds the license of the Minister of Health, Labour and Welfare under Article 5, paragraph (1) to carry on worker dispatching services (労働者派遣事業).
労働者派遣法第二条第四号に規定する派遣元事業主
派遣先
A client (派遣先): the person that receives the services of dispatched workers (派遣労働者) through worker dispatch (労働者派遣), as defined in Article 2, item (iv).
派遣先
A client (派遣先): the person that receives the services of dispatched workers (派遣労働者) through worker dispatch (労働者派遣), as defined in Article 2, item (iv).
労働者派遣法第二条第四号に規定する派遣先
派遣就業
Assigned work (派遣就業): the work a dispatched worker (派遣労働者) does under worker dispatch (労働者派遣).
労働者派遣に係る派遣労働者の就業
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣法
Short name for this Act, the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), used in the wording it writes into other Acts and in the supplementary provisions of Acts that amended it.
労働者派遣契約
A staffing contract (労働者派遣契約): a contract in which one party agrees to provide worker dispatch (労働者派遣) to the other, as defined in Article 26, paragraph (1).
当事者の一方が相手方に対し労働者派遣をすることを約する契約
The date Act No. 61 of 2011, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 27 of 2012, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 73 of 2015, the amending Act these supplementary provisions (附則) belong to, comes into effect.
労働者派遣契約
A staffing contract (労働者派遣契約): a contract in which one party agrees to provide worker dispatch (労働者派遣) to the other, as defined in Article 26, paragraph (1).
労働者派遣法第二十六条第一項に規定する労働者派遣契約
派遣先の事業
The business to which an assigned worker (派遣中の労働者) has been dispatched to do assigned work (派遣就業), as defined in Article 44, paragraph (1).
派遣先の事業
The business to which an assigned worker (派遣中の労働者) has been dispatched to do assigned work (派遣就業), as defined in Article 44, paragraph (1).
派遣中の労働者
A worker employed by one business owner and dispatched to work at another business owner's business, who is not employed by that other owner, as defined in Article 44, paragraph (1) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (leaving out those employed at a business that employs only relatives living in the same household, and domestic workers).
In Article 45, a business operator (事業者) as defined in Article 2, item (iii) of the Industrial Safety and Health Act — a person who runs a business and employs workers there; for the provisions of that Act this Article lists, the person running a client's business (派遣先の事業) is also treated as a business operator employing the assigned workers (派遣中の労働者) dispatched to it.
労働安全衛生法(昭和四十七年法律第五十七号)第二条第三号に規定する事業者
派遣中の労働者
A worker employed by one business owner and dispatched to work at another business owner's business, who is not employed by that other owner, as defined in Article 44, paragraph (1) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (leaving out those employed at a business that employs only relatives living in the same household, and domestic workers).
派遣中の労働者
A worker employed by one business owner and dispatched to work at another business owner's business, who is not employed by that other owner, as defined in Article 44, paragraph (1) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (leaving out those employed at a business that employs only relatives living in the same household, and domestic workers).
In Article 46, a business operator (事業者) as defined in Article 2, paragraph (1), item (v) of the Pneumoconiosis Act — a business operator as defined in the Industrial Safety and Health Act whose business involves dusty tasks (粉じん作業); for the provisions of the Pneumoconiosis Act this Article lists, the person running a client's business (派遣先の事業) that involves such tasks is treated as the business operator employing the assigned workers (派遣中の労働者) who regularly do, or have done, dusty tasks there.
派遣元の事業
In Section 4 of Chapter III, the business (事業) of an entity that provides worker dispatch (労働者派遣).
新労働者派遣法
This Act as amended by Article 1 of Act No. 90 of 1996.
新労働者派遣法
This Act as amended by Article 1 of Act No. 84 of 1999.
新労働者派遣法
This Act as amended by Article 2 of Act No. 82 of 2003.
新労働者派遣法
In Articles 5 and 6 of the supplementary provisions of the Act Partially Amending the Act on Securing the Proper Operation of Worker Dispatching Businesses and Improving the Working Conditions of Dispatched Workers, etc. (Act No. 27 of 2012), this Act as amended by Article 1 of that Act.
新労働者派遣法
In Article 7, paragraph (1), Article 8, paragraph (1) and Article 9 of the supplementary provisions of the Act on the Arrangement of Related Acts to Promote Work Style Reform (Act No. 71 of 2018), this Act as amended by Article 5 of that Act.
有期雇用派遣労働者
A dispatched worker (派遣労働者) who is employed for a fixed term.
期間を定めて雇用される派遣労働者
This Act as it stood before Article 1 of Act No. 90 of 1996 amended it.
This Act as it stood before Article 1 of Act No. 84 of 1999 amended it.
This Act as it stood before Article 2 of Act No. 82 of 2003 amended it.
This Act as amended by Act No. 73 of 2015.
Pneumoconiosis (じん肺) as defined in Article 2, paragraph (1), item (i) of the Pneumoconiosis Act: a disease consisting mainly of fibrous changes in the lungs caused by breathing in dust.
An organizational unit (組織単位): a section to which workers are assigned, specified by a Ministry of Health, Labour and Welfare Order (厚生労働省令), whose head — the person in a position to direct the work of the workers assigned there — has direct authority over how that work is allocated among them.
労働者の配置の区分であつて、配置された労働者の業務の遂行を指揮命令する職務上の地位にある者が当該労働者の業務の配分に関して直接の権限を有するものとして厚生労働省令で定めるもの
Worker dispatch (労働者派遣) in which the staffing provider (派遣元事業主), before or after the dispatch starts, carries out or plans to carry out employment placement (職業紹介) of the dispatched worker to the client, under a license or notification under the Employment Security Act or another law — including dispatch in which the worker and the client agree, before it ends, that the client will employ the worker.
労働者派遣のうち、第五条第一項の許可を受けた者(以下「派遣元事業主」という。)が労働者派遣の役務の提供の開始前又は開始後に、当該労働者派遣に係る派遣労働者及び当該派遣労働者に係る労働者派遣の役務の提供を受ける者(第三章第四節を除き、以下「派遣先」という。)について、職業安定法その他の法律の規定による許可を受けて、又は届出をして、職業紹介を行い、又は行うことを予定してするものをいい、当該職業紹介により、当該派遣労働者が当該派遣先に雇用される旨が、当該労働者派遣の役務の提供の終了前に当該派遣労働者と当該派遣先との間で約されるものを含むものとする
特定有期雇用派遣労働者
A dispatched worker employed for a fixed term (有期雇用派遣労働者) whom a Ministry of Health, Labour and Welfare Order (厚生労働省令) specifies as expected to work continuously for one year or more on the work of the same organizational unit (組織単位) at a client's place of business or other place of assigned work.
This Act as it stood before Act No. 73 of 2015 amended it.
職務の内容
The content of a worker's work and the level of responsibility that comes with it (職務の内容) — one of the points on which a comparable worker (比較対象労働者) at the client is matched to a dispatched worker (派遣労働者) (Article 26, paragraph (8)).
Three years — the longest a client (派遣先) may continuously receive worker dispatch (労働者派遣) from a staffing provider (派遣元事業主) for the work at each of its places of business or other places of assigned work, subject to the exceptions Article 40-2, paragraph (1) lists and to extension under paragraph (3).
粉じん作業
In Article 46, dusty tasks (粉じん作業) as defined in Article 2, paragraph (1), item (iii) of the Pneumoconiosis Act: work in which the workers doing it are considered at risk of contracting pneumoconiosis (じん肺).
無期雇用派遣労働者
A dispatched worker (派遣労働者) who is employed with no fixed term.
期間を定めないで雇用される派遣労働者
A dispatched worker (派遣労働者) whose treatment is set by the written agreement (協定) that Article 30-4, paragraph (1) describes, which a staffing provider (派遣元事業主) makes with the labor union organized by a majority of its workers or, where there is none, with a person representing a majority of them.
A member of an organized crime group as defined in Article 2(vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members.
Personal information (個人情報): information about an individual that can identify a particular person, including information that can do so when matched against other information.
個人に関する情報であつて、特定の個人を識別することができるもの(他の情報と照合することにより特定の個人を識別することができることとなるものを含む。)
比較対象労働者
A regular worker (通常の労働者) employed by the business seeking to receive worker dispatch (労働者派遣) whose job duties (職務の内容) — the content of the work and the level of responsibility that comes with it — and the scope of changes to those duties and to their assignment are expected to be the same as the dispatched worker's, or another worker a Ministry of Health, Labour and Welfare Order (厚生労働省令) specifies as the one against whom the dispatched worker's treatment should be compared.
当該労働者派遣の役務の提供を受けようとする者に雇用される通常の労働者であつて、その業務の内容及び当該業務に伴う責任の程度(以下「職務の内容」という。)並びに当該職務の内容及び配置の変更の範囲が、当該労働者派遣に係る派遣労働者と同一であると見込まれるものその他の当該派遣労働者と待遇を比較すべき労働者として厚生労働省令で定めるもの
特定有期雇用派遣労働者等
In Article 30, paragraph (1), the workers for whom a staffing provider (派遣元事業主) must endeavor to take the employment-security measures that paragraph lists: its prescribed fixed-term dispatched workers (特定有期雇用派遣労働者), its other fixed-term dispatched workers whom a Ministry of Health, Labour and Welfare Order (厚生労働省令) specifies as in great need of employment security, and workers it seeks to employ as fixed-term dispatched workers whom that Order specifies as in such need.
派遣元の使用者
In Article 44, an employer (使用者) as defined in Article 10 of the Labor Standards Act — the owner of a business, its manager, or anyone else who acts for the owner on matters concerning its workers — of the business of an entity that provides worker dispatch (派遣元の事業).
第二号施行日
The date the provisions listed in Article 1, item (ii) of the supplementary provisions of the amending law in question came into force.
In Article 6, a member of an organized crime group (暴力団員) as defined in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members, or a person for whom five years have not yet passed since the day they ceased to be one.
関係派遣先
In Article 23-2, a person able to control in substance the management of a staffing provider (派遣元事業主), or another person a Ministry of Health, Labour and Welfare Order (厚生労働省令) specifies as having a special relationship with it; the share of the provider's dispatch working hours that goes to such clients must be 80 percent or less.
Worker dispatch (労働者派遣) to have dispatched workers (派遣労働者) work at a place of business or other facility outside the area where this Act applies; a staffing provider (派遣元事業主) must notify the Minister of Health, Labour and Welfare of it in advance.
The allowance (休業手当) an employer (使用者) must pay a worker under Article 26 of the Labor Standards Act when work is suspended for a reason the employer is responsible for — at least 60 percent of the worker's average wage for the period of the suspension.
労働基準法(昭和二十二年法律第四十九号)第二十六条の規定により使用者が支払うべき手当
Handing the worker a document, or using another method a Ministry of Health, Labour and Welfare Order (厚生労働省令) sets — the ways in which a staffing provider (派遣元事業主), before hiring a worker as a dispatched worker (派遣労働者), must make clear to that worker the working conditions item (i) of Article 31-2, paragraph (2) lists.
The period in which a client (派遣先) may extend the allowable term for a staffing arrangement (派遣可能期間), and must hear the opinion of the majority labor union or representative (過半数労働組合等): from the day worker dispatch for the work at that place of business began (or, after an earlier extension, the day the previous allowable term ran out) until one month before the first day the client would breach the limit in Article 40-2, paragraph (1).
The labor union organized by a majority of the workers at the client's place of business or, where there is none, a person representing a majority of those workers — whose opinion a client (派遣先) must hear before extending the allowable term for a staffing arrangement (派遣可能期間).
当該派遣先の事業所に、労働者の過半数で組織する労働組合がある場合においてはその労働組合、労働者の過半数で組織する労働組合がない場合においては労働者の過半数を代表する者
Articles 32, 34 and 35, Article 36, paragraph (6), Article 40, Articles 61 to 63, Articles 64-2 and 64-3 and Article 141, paragraph (3) of the Labor Standards Act, and the orders issued under them, as they apply to a client's business under Article 44, paragraph (2): a provider-side employer (派遣元の使用者) must not dispatch a worker where the working conditions in the staffing contract (労働者派遣契約) would make the client breach them (Article 44, paragraphs (3) and (4)).
Article 59, paragraph (3), Article 61, paragraph (1), Article 65-4 and Article 68 of the Industrial Safety and Health Act, as they apply to a client's business under Article 45, paragraph (3): the business operator (事業者) at a provider's business (派遣元の事業) must not dispatch a worker where the working conditions in the staffing contract (労働者派遣契約) would make the client breach them (Article 45, paragraphs (6) and (7)).
派遣先の事業者
In the Industrial Safety and Health Act as Article 45, paragraph (15) rewrites it, the person running a client's business (派遣先の事業) as defined in Article 44, paragraph (1), who is thereby included among the business operators (事業者) that Act addresses.
An association whose direct or indirect members are staffing providers (派遣元事業主); it must endeavor to give its members the advice, cooperation and other help needed for worker dispatching services (労働者派遣事業) to run properly and for dispatched workers (派遣労働者) to be protected, and the national government must endeavor to help it do so (Article 47-11).
Short name, in the supplementary provisions of Act No. 84 of 1999, for the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members as it stood before Article 3 of that Act amended it.
Short name, in the supplementary provisions of Act No. 84 of 1999, for the Act on Employment Security of Elderly Persons as it stood before Article 2 of that Act amended it.
Short name, in the supplementary provisions of Act No. 53 of 2012, for the Act Partially Amending the Act on Securing the Proper Operation of Worker Dispatching Businesses and Improving the Working Conditions of Dispatched Workers, etc. (Act No. 27 of 2012), which amended the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985) under its earlier title, and gave it its present title.
日雇労働者
In Article 35-4, paragraph (1), a day worker (日雇労働者): a worker employed day by day or for a fixed term of 30 days or less.
日々又は三十日以内の期間を定めて雇用する労働者
In Article 40-4, the period, of one year or more, during which a client (派遣先) continuously received worker dispatch (労働者派遣) of the same prescribed fixed-term dispatched worker (特定有期雇用派遣労働者) for the same work in the same organizational unit (組織単位).
派遣先の事業主
In Article 44, the other business owner (事業主) to whose business a worker has been dispatched to do assigned work (派遣就業), and who does not employ that worker.
構成員
In Article 47-11, paragraph (1), a staffing provider (派遣元事業主) that is a direct or indirect member of an association of staffing providers (事業主団体).
新許可
The license under Article 5, paragraph (1) of this Act as amended by Article 2 of Act No. 82 of 2003 (新労働者派遣法), which a person holding a former license (旧許可) is deemed to have received on the date Act No. 82 of 2003 came into effect; it stays valid for the longest of the remaining validity periods of that person's former licenses on that date.
The license under Article 5, paragraph (1) of this Act as it stood before Article 2 of Act No. 82 of 2003 amended it (旧労働者派遣法), held by a person when Act No. 82 of 2003 came into effect; its holder is deemed to have received a new license (新許可) on that date.
Short name, in the supplementary provisions of Act No. 67 of 2014, for the 2014 Act amending the Act on General Rules for Incorporated Administrative Agencies (Act No. 66 of 2014), on whose effective date Act No. 67 of 2014 comes into effect.
Each of the laws as amended by the amending Act these supplementary provisions belong to.