When a person using staffing services (excluding organs of the national government (including agencies engaged in administrative execution (meaning an agency engaged in administrative execution defined in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999)); the same applies in the following Article) and local governments (including specified local incorporated administrative agencies (referring to the specified local incorporated administrative agency defined in Article 2, paragraph (2) of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003)); the same applies in the following Article); the same applies below in this Article) takes any of the actions stated in the following items, the person is deemed to have offered a labor contract to the dispatched worker who is subject to the worker dispatching arrangement, with the same working conditions as those applicable to the dispatched worker as of the time when the action is taken; provided, however, that this does not apply if the person using staffing services was unaware that the action taken falls under the category of an action stated in the following items, and was not negligent in failing to learn this:
労働者派遣の役務の提供を受ける者（国（行政執行法人（独立行政法人通則法（平成十一年法律第百三号）第二条第四項に規定する行政執行法人をいう。）を含む。次条において同じ。）及び地方公共団体（特定地方独立行政法人（地方独立行政法人法（平成十五年法律第百十八号）第二条第二項に規定する特定地方独立行政法人をいう。）を含む。次条において同じ。）の機関を除く。以下この条において同じ。）が次の各号のいずれかに該当する行為を行つた場合には、その時点において、当該労働者派遣の役務の提供を受ける者から当該労働者派遣に係る派遣労働者に対し、その時点における当該派遣労働者に係る労働条件と同一の労働条件を内容とする労働契約の申込みをしたものとみなす。ただし、労働者派遣の役務の提供を受ける者が、その行つた行為が次の各号のいずれかの行為に該当することを知らず、かつ、知らなかつたことにつき過失がなかつたときは、この限りでない。
engaging the dispatched worker in work that falls under any of the items of Article 4, paragraph (1) in violation of the provisions of paragraph (3) of that Article;
using staffing services in violation of the provisions of Article 24-2;
using staffing services in violation of the provisions of Article 40-2, paragraph (1) (excluding violations of the provisions of paragraph (1) of that Article resulting from the absence of the hearing procedures prescribed in paragraph (4) of that Article as specified by Order of the Ministry of Health, Labour and Welfare);
using staffing services in violation of the provisions of Article 40-3; or
entering into a service contract or any other contract that is nominally other than for worker dispatching for the purpose of evading the application of the provisions of this Act or any law that is applicable pursuant to the provisions of the following Section, and using staffing services without providing for the particulars stated in the items of Article 26, paragraph (1) in the contract.
A person using staffing services that has been deemed to have offered a labor contract pursuant to the provisions of the preceding paragraph may not terminate the offer within one year from the day on which the applicable act prescribed in that paragraph that resulted in the offer ends.
If a person using staffing services that has been deemed to have offered a labor contract pursuant to the provisions of paragraph (1) does not receive the manifestation of intention to accept or not to accept the offer within the period stated in the preceding paragraph, the offer ceases to be effective.
At the request of the person using staffing services, the business entity that provides worker dispatching involving a dispatched worker who is subject to a labor contract that is deemed to have been offered pursuant to the provisions of paragraph (1) must promptly notify the person of the working conditions of the dispatched worker as of the time when the labor contract is deemed to have been offered pursuant to the provisions of that paragraph.