Section 1 Worker Dispatching Contracts
第一節 労働者派遣契約
第二十六条(契約の内容等)
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.
Article 27Cancellation of Contracts
第二十七条(契約の解除等)
It is prohibited for a person using worker dispatching services to cancel a worker dispatching contract on the grounds of a dispatched worker's nationality, creed, sex, social status, engagement in legitimate labor union activities, or other things of a similar nature.
第二十八条
An entity providing worker dispatching may suspend that worker dispatching or cancel the worker dispatching contract if the person using its worker dispatching services has violated the provisions of this Act or of Acts applied pursuant to the provisions of Section 4 (including the provisions of orders based on these provisions; the same applies in Article 31 and Article 40-6, paragraph (1), item (v)) in connection with the assigned work.
労働者派遣をする事業主は、当該労働者派遣の役務の提供を受ける者が、当該派遣就業に関し、この法律又は第四節の規定により適用される法律の規定(これらの規定に基づく命令の規定を含む。第三十一条及び第四十条の六第一項第五号において同じ。)に違反した場合においては、当該労働者派遣を停止し、又は当該労働者派遣契約を解除することができる。
第二十九条
The cancellation of a worker dispatching contract has only prospective effect.
労働者派遣契約の解除は、将来に向かつてのみその効力を生ずる。
Article 29-2Measures Taken upon the Cancellation of a Worker Dispatching Contract
第二十九条の二(労働者派遣契約の解除に当たつて講ずべき措置)
If a person using worker dispatching services cancels a worker dispatching contract for its own reasons, the person must take the necessary measures to ensure employment security for the dispatched workers, including ensuring new employment opportunities for the workers who are subject to the worker dispatching arrangement and taking measures to secure the necessary funds to pay dispatched workers an allowance for absence from work and other similar allowances.
Section 2 Measures to Be Taken by Worker Dispatching Providers
第二節 派遣元事業主の講ずべき措置等
Article 30Employment Security for Current and Prospective Prescribed, Fixed-Term, Dispatched Workers
第三十条(特定有期雇用派遣労働者等の雇用の安定等)
A worker dispatching provider must endeavor to take the measures stated in the following items, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, for the dispatched workers on fixed-term contracts it employs (meaning dispatched workers who are employed for a fixed term; the same applies below) who are: specified by Order of the Ministry of Health, Labour and Welfare as those with a prospect of continuously engaging in services under the worker dispatching arrangement for at least one year in the same organizational unit at the client's place of business or at the place for the assigned work to be performed (referred to below as "prescribed dispatched workers on fixed-term contracts"); specified by Order of the Ministry of Health, Labour and Welfare as those who are considered to be in great need of employment security; and workers that the provider seeks to employ as dispatched workers on fixed-term contracts and who are specified by Order of the Ministry of Health, Labour and Welfare as those who are considered to be in great need of employment security (hereinafter collectively referred to below as "current and prospective prescribed, fixed-term, dispatched workers" in this paragraph):
派遣元事業主は、その雇用する有期雇用派遣労働者(期間を定めて雇用される派遣労働者をいう。以下同じ。)であつて派遣先の事業所その他派遣就業の場所における同一の組織単位の業務について継続して一年以上の期間当該労働者派遣に係る労働に従事する見込みがあるものとして厚生労働省令で定めるもの(以下「特定有期雇用派遣労働者」という。)その他雇用の安定を図る必要性が高いと認められる者として厚生労働省令で定めるもの又は派遣労働者として期間を定めて雇用しようとする労働者であつて雇用の安定を図る必要性が高いと認められるものとして厚生労働省令で定めるもの(以下この項において「特定有期雇用派遣労働者等」という。)に対し、厚生労働省令で定めるところにより、次の各号の措置を講ずるように努めなければならない。
requesting the client to offer labor contracts to prescribed dispatched workers on fixed-term contracts;
派遣先に対し、特定有期雇用派遣労働者に対して労働契約の申込みをすることを求めること。
ensuring job opportunities that will enable it to have persons work (limited to work under reasonable conditions in light of the ability and experience of prescribed fixed-term dispatched workers, etc. and other particulars specified by Order of the Ministry of Health, Labour and Welfare) as dispatched workers, and providing those opportunities to its prescribed fixed-term dispatched workers, etc.;
派遣労働者として就業させることができるように就業(その条件が、特定有期雇用派遣労働者等の能力、経験その他厚生労働省令で定める事項に照らして合理的なものに限る。)の機会を確保するとともに、その機会を特定有期雇用派遣労働者等に提供すること。
ensuring opportunities for employment that will enable it to employ persons as non-dispatched workers without fixing a term, and providing those opportunities to current and prospective prescribed, fixed-term, dispatched workers; and
派遣労働者以外の労働者として期間を定めないで雇用することができるように雇用の機会を確保するとともに、その機会を特定有期雇用派遣労働者等に提供すること。
beyond what is stated in the preceding three items, implementing educational training that is targeted at current and prospective prescribed, fixed-term, dispatched workers and that is specified by Order of the Ministry of Health, Labour and Welfare as being considered to particularly contribute to their employment security, and taking other such measures specified by Order of the Ministry of Health, Labour and Welfare as being necessary to ensure employment security.
前三号に掲げるもののほか、特定有期雇用派遣労働者等を対象とした教育訓練であつて雇用の安定に特に資すると認められるものとして厚生労働省令で定めるものその他の雇用の安定を図るために必要な措置として厚生労働省令で定めるものを講ずること。
To apply the provisions of the preceding paragraph to a prescribed dispatched worker on a fixed-term contract who has a prospect of continuously engaging in work for three years under a worker dispatching arrangement for work in an organizational unit at the client's place of business or at the place for the assigned work to be performed, the phrase "must endeavor to take" in that paragraph is deemed to be replaced with "must take".
Article 30-2Multi-Stage and Systematic Educational Training
第三十条の二(段階的かつ体系的な教育訓練等)
A staffing provider must provide educational training to the dispatched workers it employs so that they can acquire the skills and knowledge necessary for assigned work in multi-stage and systematic manner. This being the case, if any such worker is a dispatched worker on an open-ended contract (meaning a dispatched worker who is employed without a fixed term; the same applies below), the worker dispatching provider must make considerations so that that worker can effectively exercise their abilities throughout their career.
At the request of a dispatched worker it employs, a worker dispatching provider must ensure opportunities for them to seek advice about career-path planning and must provide other such assistance.
Article 30-3Prohibition on Unreasonable Treatment
第三十条の三(不合理な待遇の禁止等)
A worker dispatching provider must not create differences between the base pay, bonuses, and other treatment of the dispatched workers it employs and the corresponding treatment of regular workers that the client employs that are found to be unreasonable in consideration of the circumstances, including the dispatched workers' and regular workers' job descriptions and the scope of changes in their job descriptions and assignment, that are found to be appropriate in light of the nature of the treatment and the purpose of treating workers in that way.
A worker dispatching provider must not, without legitimate grounds, subject a dispatched worker to treatment that is disadvantageous in terms of base pay, bonuses, or other such treatment when compared to the treatment accorded to a regular worker employed by the client, if the dispatched worker's job description is the same as that of the regular worker, and their job description and assignment throughout the entire period until the end of their assigned work for the client are expected, in light of the worker dispatching contract, the client's customary practices, and other such circumstances, to be changed within the same scope as the job description and assignment of the regular worker throughout the entire period until the end of their employment relationship with the client.