Pursuant to the provisions of Order of the Minister of Health, Labour and Welfare, when entering into a staffing contract (meaning a contract under which one party agrees to provide dispatched workers to the other; the same applies below) the parties to the contract must specify the following particulars, and must specify the number of dispatched workers in keeping with the varying contents of those particulars:
the content of the work that the dispatched workers will engage in;
派遣労働者が従事する業務の内容
the name and location of the place of business at which the dispatched workers will engage in the work under the worker dispatching arrangement, and other locations and organizational units (meaning sections to which workers are assigned which are specified by Order of the Ministry of Health, Labour and Welfare as those over which the person who is in a position to direct and order the job performance of the workers that have been assigned there has direct authority over the assignment of work to those workers; the same applies below) for the assigned work;
particulars relating to the person who directly directs and orders the dispatched workers while they are working, on behalf of the person using staffing services;
the worker dispatching period and the days on which the dispatched workers will do the assigned work;
the start and end times for the assigned work and break periods;
派遣就業の開始及び終了の時刻並びに休憩時間
particulars relating to health and safety;
安全及び衛生に関する事項
particulars relating to the handling of complaints submitted by a dispatched worker;
派遣労働者から苦情の申出を受けた場合における当該申出を受けた苦情の処理に関する事項
particulars relating to the necessary measures to ensure employment security for dispatched workers that are to be taken in connection with the termination of the staffing contract, such as ensuring new employment opportunities for dispatched workers, and measures relating to the bearing of costs in order to secure the funds needed to pay dispatched workers an allowance for absence from work (meaning the allowance that is to be paid by an employer pursuant to the provisions of Article 26 of the Labor Standards Act (Act No. 49 of 1947); the same applies in Article 29-2);
派遣労働者の新たな就業の機会の確保、派遣労働者に対する休業手当(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をいう。第二十九条の二において同じ。)等の支払に要する費用を確保するための当該費用の負担に関する措置その他の労働者派遣契約の解除に当たつて講ずる派遣労働者の雇用の安定を図るために必要な措置に関する事項
if the worker dispatching contract is for employment placement dispatch, particulars relating to the employment placement dispatch, such as the content of the work in which the dispatched worker is to engage through the employment placement and relevant working conditions; and
beyond what is stated in each of the preceding items, particulars specified by Order of the Ministry of Health, Labour and Welfare.
前各号に掲げるもののほか、厚生労働省令で定める事項
In addition to what is prescribed in the preceding paragraph, when entering into a worker dispatching contract for overseas staffing, a worker dispatching provider must establish that the person using the overseas worker dispatching services is to take the following measures, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
appointing a client-side manager as referred to in Article 41;
第四十一条の派遣先責任者の選任
preparing a client-side management record as referred to in Article 42, paragraph (1); entering the particulars stated in each item of that paragraph in that record; and notifying the relevant person in conformity with the conditions specified by Order of the Ministry of Health, Labour and Welfare as referred to in paragraph (3) of that Article; and
other measures specified by Order of the Ministry of Health, Labour and Welfare, which are necessary for the assigned work concerned to be conducted appropriately.
その他厚生労働省令で定める当該派遣就業が適正に行われるため必要な措置
Before entering into a worker dispatching contract pursuant to the provisions of paragraph (1), the worker dispatching provider must clearly indicate to the counterparty that it has obtained the license referred to in Article 5, paragraph (1).
In concluding a new worker dispatching contract pursuant to the provisions of paragraph (1), a person seeking to use the worker dispatching services (excluding worker dispatching that falls under any of the items of Article 40-2, paragraph (1); the same applies in the following paragraph) that the worker dispatching provider will provide based on that new contract must notify the worker dispatching provider, in advance, of the first day on or after that on which the provider will start providing those services, on which the person's use of the worker dispatching services will violate the provisions of paragraph (1) of that Article for work at its place of business or at the place for the assigned work to be performed.
If a worker dispatching provider does not receive a notice under the provisions of the preceding paragraph from the person seeking to use worker dispatching services based on a new worker dispatching contract, the provider must not conclude the worker dispatching contract with that person for work at the person's place of business or at the place for the assigned work to be performed.
In entering into a worker dispatching contract, a person seeking to use worker dispatching services (excluding employment placement dispatch) must endeavor not to take any action intended to specify the dispatched workers who will be subject to the worker dispatching arrangement at worker dispatching contract.
In entering into a worker dispatching contract pursuant to the provisions of paragraph (1), a person seeking to use worker dispatching services must provide the provider in advance with information specified by Order of the Ministry of Health, Labour and Welfare, including information on the wages and other treatment of comparable workers, for each type of work in which dispatched workers who will be subject to the worker dispatching arrangement will be engaged, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
The term "comparable worker" as used in the preceding paragraph means a regular worker who is employed by the person seeking worker dispatching services, and who has a job content and associated level of responsibility (referred to below as "job duties"), and a scope of change in their job duties and assignment that are expected to be the same as those of the dispatched workers who are subject to the worker dispatching arrangement, or any other worker specified by Order of the Ministry of Health, Labour and Welfare as a worker against whom the dispatched workers should be compared in terms of treatment.
If a worker dispatching provider has not received information under the provisions of paragraph (7) from the person seeking worker dispatching services, the provider must not conclude a worker dispatching contract with that person in connection with the work in which the workers who are subject to the worker dispatching arrangement are to be engaged.
In the case of any change in the information referred to in paragraph (7), the client, without delay, must provide the worker dispatching provider with the details of the change in information, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
A person seeking to use worker dispatching services or a client must make considerations concerning the amount of the worker dispatching charge so that the provider is able to comply with the provisions of Article 30-3, if it will provide worker dispatching other than subject to the agreement referred to in Article 30-4, paragraph (1), and with the provisions of an agreement concerning the particulars d in items (ii) through (v) of that paragraph, if it will provide worker dispatching subject to the agreement referred to in that paragraph.