In a case as referred to in the preceding paragraph, if the main contractor has by written contract had a subcontractor assume responsibility for the compensation, the subcontractor also constitutes an employer; provided, however, that the main contractor must not have two or more subcontractors assume responsibility for compensation with respect to the same business.
In a case as referred to in the preceding paragraph, if the main contractor has received a request for compensation, it may request that a demand for compensation first be made to the subcontractor that has assumed responsibility for compensation; provided, however, that this does not apply if the subcontractor has become subject to an order commencing bankruptcy procedures or has disappeared.
前項の場合、元請負人が補償の請求を受けた場合においては、補償を引き受けた下請負人に対して、まづ催告すべきことを請求することができる。ただし、その下請負人が破産手続開始の決定を受け、又は行方が知れない場合においては、この限りでない。