Article 40-2Term for Using Worker Dispatching Services
第四十条の二(労働者派遣の役務の提供を受ける期間)
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.
第四十条の三
If the allowable term for a staffing arrangement is extended pursuant to the provisions of paragraph (3) of the preceding Article, a client must not continuously use worker dispatching services (excluding worker dispatching that falls under any of the items of paragraph (1) of that Article) that the staffing provider provides using the same dispatched worker for a period exceeding three years for work in an organizational unit at the client's place of business or at the place for assigned work to be performed.
Article 40-4Employment of Prescribed Dispatched Workers on Fixed-Term Contracts
第四十条の四(特定有期雇用派遣労働者の雇用)
If a client has used worker dispatching services (excluding services associated with worker dispatching that falls under any of the items of Article 40-2, paragraph (1)) that a staffing provider provides using the same prescribed dispatched worker on a fixed-term contract during a continuous period of one year or longer for work in an organizational unit at the client's place of business or at the place for assigned work to be performed, and the client seeks to hire a worker on or after the day that follows the final day in the period during which it used those staffing services (referred to below as "the period the client implemented the staffing arrangement" in this Article) so as to have a worker continue to engage in that work, it must endeavor to hire the prescribed dispatched worker who was continuously engaged in that same work during the period the client implemented the staffing arrangement (limited to a person specified by Order of the Ministry of Health, Labour and Welfare as one who wishes to continue to do that work).
派遣先は、当該派遣先の事業所その他派遣就業の場所における組織単位ごとの同一の業務について派遣元事業主から継続して一年以上の期間同一の特定有期雇用派遣労働者に係る労働者派遣(第四十条の二第一項各号のいずれかに該当するものを除く。)の役務の提供を受けた場合において、引き続き当該同一の業務に労働者を従事させるため、当該労働者派遣の役務の提供を受けた期間(以下この条において「派遣実施期間」という。)が経過した日以後労働者を雇い入れようとするときは、当該同一の業務に派遣実施期間継続して従事した特定有期雇用派遣労働者(継続して就業することを希望する者として厚生労働省令で定めるものに限る。)を、遅滞なく、雇い入れるように努めなければならない。
Article 40-5Providing Information on Recruitment of Workers to Be Employed by Clients
第四十条の五(派遣先に雇用される労働者の募集に係る事項の周知)
If a client has used the worker dispatching services that a staffing provider provides using the same dispatched worker during a continuous period of one year or longer at the client's place of business or at the place for assigned work to be performed, and the client is looking to recruit someone as a regular worker who will be engaged in work at that place of business or place for assigned work to be performed, it must provide the dispatched worker with information on the recruitment, including the details, wages, and working hours for the work in which the person would be engaged, by taking measures such as posting that information at the place in question.
To apply the provisions of the preceding paragraph to prescribed dispatched workers on fixed-term contracts (limited to those specified by Order of the Ministry of Health, Labour and Welfare as those who desire to be continuously employed) who have a prospect of continuously engaging in assigned work for three years with regard to work in an organizational unit at a client's place of business or at the place for assigned work to be performed, the terms "worker dispatching" and "regular worker" in that paragraph are deemed to be replaced with "worker dispatching (excluding worker dispatching that falls under any of the items of Article 40-2, paragraph (1))" and "worker", respectively.
第四十条の六
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.
第四十条の七
If a person using staffing services that is an organ of the national government or a local government takes an action that falls under any of the items of paragraph (1) of the preceding Article (other than in a case as referred to in the proviso to that paragraph), and if a dispatched worker subject to the worker dispatching arrangement requests, within one year from the day on which the relevant action has ended, that the dispatched worker be engaged in the same work as the work under the arrangement at the organ of the national or local government, the organ of the national or local government, in line with the purposes of the provisions of that paragraph and from the viewpoint of ensuring employment security for the dispatched worker, must hire that person based on the provisions of the National Public Service Act (Act No. 120 of 1947; including as applied mutatis mutandis pursuant to the Act on Temporary Measures concerning Court Officials (Act No. 299 of 1951)), the Diet Officers Act (Act No. 85 of 1947), the Self-Defense Forces Act (Act No. 165 of 1954), the Local Public Service Act (Act No. 261 of 1950), or other applicable laws and regulations, or must take other appropriate measures.
労働者派遣の役務の提供を受ける者が国又は地方公共団体の機関である場合であつて、前条第一項各号のいずれかに該当する行為を行つた場合(同項ただし書に規定する場合を除く。)においては、当該行為が終了した日から一年を経過する日までの間に、当該労働者派遣に係る派遣労働者が、当該国又は地方公共団体の機関において当該労働者派遣に係る業務と同一の業務に従事することを求めるときは、当該国又は地方公共団体の機関は、同項の規定の趣旨を踏まえ、当該派遣労働者の雇用の安定を図る観点から、国家公務員法(昭和二十二年法律第百二十号。裁判所職員臨時措置法(昭和二十六年法律第二百九十九号)において準用する場合を含む。)、国会職員法(昭和二十二年法律第八十五号)、自衛隊法(昭和二十九年法律第百六十五号)又は地方公務員法(昭和二十五年法律第二百六十一号)その他関係法令の規定に基づく採用その他の適切な措置を講じなければならない。
At the request of the organ of the national or local government associated with the worker dispatching arrangement in question, the business entity that provides worker dispatching involving a dispatched worker who has made a request as prescribed in the preceding paragraph must promptly notify the organ of the national or local government of the working conditions of the dispatched worker as of the time when the relevant organ of the national or local government committed an act that falls under any of the items of paragraph (1) of the preceding Article.