A client must not use the staffing services provided by a staffing provider continuously for a period exceeding the allowable term for a staffing arrangement for work at each of its places of business or places for the assigned work to be performed; provided, however, that this does not apply if the worker dispatching arrangement falls under any of the following items:
a worker dispatching arrangement involving a dispatched worker on an open-ended contract;
a worker dispatching arrangement involving persons specified by Order of the Ministry of Health, Labour and Welfare as dispatched workers for whom it is particularly difficult to ensure employment opportunities and whose continued or otherwise employment it is considered necessary to assist in;
a worker dispatching arrangement for work falling under (a) or (b) below:
次のイ又はロに該当する業務に係る労働者派遣
work for starting, converting, expanding, downsizing, or discontinuing an undertaking, that is scheduled to be completed within a fixed period of time;
事業の開始、転換、拡大、縮小又は廃止のための業務であつて一定の期間内に完了することが予定されているもの
work carried out on a number of days per month that is considerably less than the prescribed number of working days per month for regular workers employed by the client where the assigned work takes place, and that is less than the number of days specified by the Minister of Health, Labour and Welfare;
a worker dispatching arrangement to cover the work of a worker employed by the client when that worker takes leave under the provisions of Article 65, paragraphs (1) and (2) of the Labor Standards Act, or takes the child-care leave prescribed in Article 2, item (i) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of 1991), or in other cases specified by Order of the Ministry of Health, Labour and Welfare as being equivalent to this; or
当該派遣先に雇用される労働者が労働基準法第六十五条第一項及び第二項の規定により休業し、並びに育児休業、介護休業等育児又は家族介護を行う労働者の福祉に関する法律(平成三年法律第七十六号)第二条第一号に規定する育児休業をする場合における当該労働者の業務その他これに準ずる場合として厚生労働省令で定める場合における当該労働者の業務に係る労働者派遣
a worker dispatching arrangement to cover the work of a worker employed by the client when that worker takes the family care leave prescribed in Article 2, item (ii) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members or other leave specified by Order of the Ministry of Health, Labour and Welfare as equivalent to this.
当該派遣先に雇用される労働者が育児休業、介護休業等育児又は家族介護を行う労働者の福祉に関する法律第二条第二号に規定する介護休業をし、及びこれに準ずる休業として厚生労働省令で定める休業をする場合における当該労働者の業務に係る労働者派遣
The allowable term for a staffing arrangement which is referred to in the preceding paragraph (referred to below as the "allowable term for a staffing arrangement") is three years.
前項の派遣可能期間(以下「派遣可能期間」という。)は、三年とする。
If a client seeks to use the worker dispatching staffing services (excluding services related to worker dispatching that falls under any of the items of paragraph (1); the same applies below in this paragraph) provided by a staffing provider during a continuous period exceeding three years for work at each of its places of business or places for assigned work to be performed, it may extend the allowable term for the staffing arrangement by up to three years, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, during the period that runs from the day on which provision of the staffing services begins for work at each of the client's places of business or places for assigned work to be performed (or from the day after the final day in the allowable term for the staffing arrangement prior to its extension pursuant to the provisions of this paragraph, if applicable) until the day one month before the first day on which the client will come to violate the provisions of paragraph (1) in connection with the work at each of those places of business or places for assigned work to be performed (referred to as the "period for hearing opinions" in the following paragraph). The same applies to any further extension of the extended allowable term for the staffing arrangement.
派遣先は、当該派遣先の事業所その他派遣就業の場所ごとの業務について、派遣元事業主から三年を超える期間継続して労働者派遣(第一項各号のいずれかに該当するものを除く。以下この項において同じ。)の役務の提供を受けようとするときは、当該派遣先の事業所その他派遣就業の場所ごとの業務に係る労働者派遣の役務の提供が開始された日(この項の規定により派遣可能期間を延長した場合にあつては、当該延長前の派遣可能期間が経過した日)以後当該事業所その他派遣就業の場所ごとの業務について第一項の規定に抵触することとなる最初の日の一月前の日までの間(次項において「意見聴取期間」という。)に、厚生労働省令で定めるところにより、三年を限り、派遣可能期間を延長することができる。当該延長に係る期間が経過した場合において、これを更に延長しようとするときも、同様とする。
If a client seeks to extend the allowable term for a staffing arrangement, it must hear the opinions of the majority labor union or representative (meaning a labor union made up of a majority of the workers at the client's place of business, if there is one, or a person who represents a majority of the workers at that place of business, if there is no such labor union there; the same applies in the following paragraph) within the period for hearing opinions pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
If the majority labor union or representative whose opinions are heard pursuant to the provisions of the preceding paragraph raises an objection, the client must explain to the majority labor union or representative the particulars specified by Order of the Ministry of Health, Labour and Welfare, including the reason for the extension of the allowable term for the staffing arrangement, as it concerns the work at each of the client's places of business or places for assigned work to be performed, by the day before what would be the final day of the allowable term for a staffing arrangement prior to its extension.
A client must endeavor to faithfully hear opinions pursuant to the provisions of paragraph (4) and give an explanation pursuant to the provisions of the preceding paragraph in line with the purposes of this Act.
If a client has extended the allowable term for a staffing arrangement pursuant to the provisions of paragraph (3), it must promptly notify the staffing provider that is providing the worker dispatching of the first day the client will come into conflict with the provisions of paragraph (1) with regard to work at each of the client's places of business or places for assigned work to be performed.
Before establishing or amending the Order of the Ministry of Health, Labour and Welfare referred to in paragraph (1), item (ii), (iv) or (v), the Minister of Health, Labour and Welfare must obtain the opinion of the Labor Policy Council.