第三十条の四
Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, the provisions of the preceding Article do not apply to the treatment of dispatched workers within the scope specified in item (i), if the following particulars concerning the treatment of dispatched workers (except for treatment associated with the educational training referred to in Article 40, paragraph (2), the welfare facilities referred to in paragraph (3) of that Article, and other such things specified by Order of the Ministry of Health, Labour and Welfare; the same applies in this paragraph) employed by a worker dispatching provider are prescribed in a written agreement with a labor union consisting of a majority of the workers, if there is one, or with a person who represents a majority of the workers, if there is no such labor union there; provided, however, that this does not apply if the provider does not abide by the particulars stated in item (ii), (iv), or (v) that are prescribed by the agreement, or if it does not attempt to implement a fair evaluation under the agreement in connection with item (iii):
派遣元事業主は、厚生労働省令で定めるところにより、労働者の過半数で組織する労働組合がある場合においてはその労働組合、労働者の過半数で組織する労働組合がない場合においては労働者の過半数を代表する者との書面による協定により、その雇用する派遣労働者の待遇(第四十条第二項の教育訓練、同条第三項の福利厚生施設その他の厚生労働省令で定めるものに係るものを除く。以下この項において同じ。)について、次に掲げる事項を定めたときは、前条の規定は、第一号に掲げる範囲に属する派遣労働者の待遇については適用しない。ただし、第二号、第四号若しくは第五号に掲げる事項であつて当該協定で定めたものを遵守していない場合又は第三号に関する当該協定の定めによる公正な評価に取り組んでいない場合は、この限りでない。
the scope of dispatched workers whose treatment is as prescribed by the agreement;
その待遇が当該協定で定めるところによることとされる派遣労働者の範囲
the way of establishing the wages for dispatched workers falling within the scope stated in the preceding item (limited to a way of establishing their wages that falls under (a) and (b), below (or only (a), for commuting allowances and other types of wage specified by Order of the Ministry of Health, Labour and Welfare));
it ensures that the amount of wages is at least equivalent to what is specified by Order of the Ministry of Health, Labour and Welfare as the amount of average wages for ordinary workers engaged in the same type of work as that in which dispatched workers engage;
派遣労働者が従事する業務と同種の業務に従事する一般の労働者の平均的な賃金の額として厚生労働省令で定めるものと同等以上の賃金の額となるものであること。
it ensures that wages will improve if dispatched workers' job duties, work outcomes, motivation, abilities, experience, and other things related to the realities of their work increase;
that, in establishing dispatched workers' wages in the way stated in the preceding item, the worker dispatching provider will fairly evaluate the dispatched workers' job duties, work outcomes, motivation, abilities, experience, and other things related to the realities of their work;
the way of establishing the treatment (other than wages; the same applies below in this item) of dispatched workers falling within the scope stated in item (i) (limited to ways of establishing this that do not result in a difference between the treatment of those dispatched workers and the corresponding treatment of regular workers that the worker dispatching provider 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 assignments, that are found to be appropriate in light of the nature of the treatment and the purpose of treating those workers in that way);
that the worker dispatching provider will provide dispatched workers falling within the scope stated in item (i) with educational training under Article 30-2, paragraph (1); 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
A worker dispatching provider that has concluded an agreement as referred to as in the preceding paragraph must familiarize the workers employed with the agreement pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Article 30-5Establishing Wages in Consideration of Job Duties
第三十条の五(職務の内容等を勘案した賃金の決定)
A worker dispatching provider must endeavor to establish the wages (except the types of wage specified by Order of the Ministry of Health, Labour and Welfare, including commuting allowances) of the dispatched workers it employs (except dispatched workers referred to in Article 30-3, paragraph (2) and those whose treatment is as prescribed by the agreement referred to in paragraph (1) of the preceding Article (referred to below as a "worker covered under a collective agreement")) in consideration of their job duties, work outcomes, motivation, abilities, experience, and other things related to the realities of their work, while making considerations to achieve balance with regular workers employed by clients.
Article 30-6Procedures for Preparing the Rules of Employment
第三十条の六(就業規則の作成の手続)
Before preparing or amending the rules of employment in connection with a matter that concerns dispatched workers, a staffing provider must endeavor to hear the opinions of a person who is found to represent a majority of dispatched workers employed at the provider's place of business.
Article 30-7Furthering Dispatched Workers' Welfare
第三十条の七(派遣労働者等の福祉の増進)
Beyond what is provided for in Article 30 through the immediately preceding Article, a worker dispatching provider must endeavor to promote the welfare of the dispatched workers it employs and of workers it intends to employ as dispatched workers, by taking the necessary measures to ensure employment opportunities (including opportunities for them to be employed other than as dispatched workers) and educational training opportunities according to each worker's wishes, abilities, and experience, to improve their working conditions, and to otherwise stabilize their employment.
第三十条から前条までに規定するもののほか、派遣元事業主は、その雇用する派遣労働者又は派遣労働者として雇用しようとする労働者について、各人の希望、能力及び経験に応じた就業の機会(派遣労働者以外の労働者としての就業の機会を含む。)及び教育訓練の機会の確保、労働条件の向上その他雇用の安定を図るために必要な措置を講ずることにより、これらの者の福祉の増進を図るように努めなければならない。
Article 31Ensuring Proper Performance of Assigned Work
第三十一条(適正な派遣就業の確保)
A worker dispatching provider must take the necessary measures and make other such appropriate considerations to ensure that a client, in having dispatched workers work under its directions and orders, does not violate the provisions of this Act or Acts applied pursuant to the provisions of Section 4 in connection with the assigned work, and to otherwise ensure that the assigned work is properly performed.
Article 31-2Explaining the Particulars of Treatment
第三十一条の二(待遇に関する事項等の説明)
A worker dispatching provider, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must explain the particulars specified by Order of the Ministry of Health, Labour and Welfare to workers it seeks to employ as dispatched workers, including what it anticipates those workers' wages would be if the provider employed them as dispatched workers and other particulars of their treatment.
Before hiring a worker as a dispatched worker, a worker dispatching provider must clearly indicate to the worker the particulars stated in item (i) by delivering a document or by other means specified by Order of the Ministry of Health, Labour and Welfare (referred to as "delivery of a document or equivalent means" in the following paragraph) and explain the details of the measures stated in item (ii) to the worker pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
the particulars of the working conditions that are specified by Order of the Ministry of Health, Labour and Welfare, other than those specified by Order of the Ministry of Health, Labour and Welfare as provided in Article 15, paragraph (1) of the Labor Standards Act; and
労働条件に関する事項のうち、労働基準法第十五条第一項に規定する厚生労働省令で定める事項以外のものであつて厚生労働省令で定めるもの
the details of measures it has decided to take in connection with the particulars concerning which it has been established that measures are to be taken pursuant to the provisions of Article 30-3, Article 30-4, paragraph (1), and Article 30-5 (except for the particulars specified by Order of the Ministry of Health, Labour and Welfare as provided in Article 15, paragraph (1) of the Labor Standards Act and the particulars stated in the preceding item).
第三十条の三、第三十条の四第一項及び第三十条の五の規定により措置を講ずべきこととされている事項(労働基準法第十五条第一項に規定する厚生労働省令で定める事項及び前号に掲げる事項を除く。)に関し講ずることとしている措置の内容
Before providing worker dispatching (except where it is related to the agreement referred to in Article 30-4, paragraph (1)), a worker dispatching provider must clearly indicate the particulars stated in item (i) to the dispatched workers who will be subject to the worker dispatching arrangement through delivery of a document or equivalent means, and must explain to them the details of the measures stated in item (ii) pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
the particulars specified by Order of the Ministry of Health, Labour and Welfare as provided in Article 15, paragraph (1) of the Labor Standards Act; and the particulars stated in item (i) of the preceding paragraph (except those specified by Order of the Ministry of Health, Labour and Welfare); and
労働基準法第十五条第一項に規定する厚生労働省令で定める事項及び前項第一号に掲げる事項(厚生労働省令で定めるものを除く。)
the details of the measures stated in item (ii) of the preceding paragraph.
前項第二号に掲げる措置の内容
If requested by a dispatched worker it employs, a worker dispatching provider must explain to the dispatched worker the details of and reasons for differences in treatment between the dispatched worker and the comparable worker prescribed in Article 26, paragraph (8), and the things that it has taken into account in deciding the particulars concerning which it has been established that measures are to be taken pursuant to the provisions of Articles 30-3 through 30-6.
派遣元事業主は、その雇用する派遣労働者から求めがあつたときは、当該派遣労働者に対し、当該派遣労働者と第二十六条第八項に規定する比較対象労働者との間の待遇の相違の内容及び理由並びに第三十条の三から第三十条の六までの規定により措置を講ずべきこととされている事項に関する決定をするに当たつて考慮した事項を説明しなければならない。
A worker dispatching provider must not dismiss or otherwise treat a dispatched worker disadvantageously on the grounds of the worker's having made the request referred to in the preceding paragraph.
Article 32Clearly Indicating to Workers That They Are Dispatched Workers
第三十二条(派遣労働者であることの明示等)
Before hiring a worker as a dispatched worker, a staffing provider must clearly indicate this to the worker (including that the provider seeks to employ the worker as a dispatched worker for employment placement dispatch, if this is the case).
Before a worker dispatching provider makes a worker it employs whom it has hired as a worker other than a dispatched worker the subject of a worker dispatching arrangement, it must clearly indicate this to the worker (including that the provider seeks to make the worker the subject of employment placement dispatch, if this is the case) and obtain the worker's consent.
Article 33Prohibition of Restrictions on the Employment of Dispatched Workers
第三十三条(派遣労働者に係る雇用制限の禁止)
Without legitimate grounds, a worker dispatching provider must not enter into a contract with a dispatched worker it employs or a worker it seeks to employ as a dispatched worker prohibiting the worker from being employed by the client (including a person that once was a client; the same applies in the following paragraph) or the prospective client after the worker's employment relationship with the provider ends.
Without legitimate grounds, a worker dispatching provider must not enter into a contract with a client or prospective client to which it is providing or will provide a dispatched worker it employs prohibiting the client from employing the dispatched worker after the worker's employment relationship with the provider ends.
Article 34Clear Indication of Working Conditions
第三十四条(就業条件等の明示)
Before providing worker dispatching, a worker dispatching provider must clearly indicate the following particulars (excluding the particulars stated in items (iii) and (iv) if the worker dispatching falls under any of the items of Article 40-2, paragraph (1)) to dispatched workers who will be subject to the worker dispatching arrangement, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
the provider's intention to provide worker dispatching;
当該労働者派遣をしようとする旨
the particulars stated in the items of Article 26, paragraph (1) and other particulars specified by Order of the Ministry of Health, Labour and Welfare that concern those dispatched workers;
the first day on which the provider will be in violation of the provisions of Article 35-3 as it concerns work in an organizational unit at the place of business or place for the assigned work to be performed where the dispatched worker will be engaged in work under the worker dispatching arrangement; and
the first day on which the client will be in violation of the provisions of Article 40-2, paragraph (1) as it concerns work at the client's place of business or place for the assigned work to be performed where the dispatched worker will be engaged in work under the worker dispatching arrangement.
When a worker dispatching provider has received a notification under the provisions of Article 40-2, paragraph (7) from a client, the provider, without delay, must clearly indicate to the dispatched workers engaged in work at the place of business or place for the assigned work to be performed that the notification concerns, the first day on which the client will come to violate the provisions of paragraph (1) of that Article as it concerns work at the place of business or at the place for the assigned work to be performed, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
When giving a clear indication under the provisions of the preceding two paragraphs, a worker dispatching provider must also clearly indicate that if the client takes an action that falls under Article 40-6, paragraph (1), item (iii) or (iv), the client will be deemed to have offered a labor contract pursuant to the provisions of that paragraph.
Article 34-2Clearly Indicating the Amount of the Worker dispatching Charge
第三十四条の二(労働者派遣に関する料金の額の明示)
In a case as stated in any of the following items, the staffing provider, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must clearly indicate to the workers stated in the corresponding item the amount specified by Order of the Ministry of Health, Labour and Welfare as the amount of the worker dispatching charge as it concerns that worker:
if the provider seeks to hire the worker as a dispatched worker:that worker;
労働者を派遣労働者として雇い入れようとする場合 当該労働者
when the provider seeks to provide worker dispatching or if it changes the amount of the worker dispatching charge:the dispatched workers who are subject to the worker dispatching arrangement.