Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers

The purpose of this Act is to prescribe measures to ensure the proper operation of worker dispatching services in order to help with proper coordination of labor supply and demand in conjunction with the Employment Security Act (Act No. 141 of 1947), and to help protect dispatched workers, thereby contributing to stable employment for dispatched workers and to otherwise advancing their welfare.

In this Act, the meanings of the terms stated in the following items are as prescribed in those items:

This Act does not apply to mariners prescribed in Article 6, paragraph (1) of the Mariners Employment Security Act (Act No.130 of 1948).

①It is prohibited for any person to carry out a worker dispatching service involving work falling under any of the following items:

②Before drafting a proposal to establish or amend Cabinet Order referred to in item (iii) of the preceding paragraph, the Minister of Health, Labour and Welfare must obtain the opinion of the Labor Policy Council.

③A person using the worker dispatching services provided by an entity that engages in worker dispatching services must not have a dispatched worker who is receiving directions and orders and subject to the relevant worker dispatching arrangement engage in work falling under any of the items of paragraph (1) at the direction of the person using those services.

①A person seeking to engage in labor services must obtain a license from the Minister of Health, Labour and Welfare.

②A person seeking to be granted the license referred to in the preceding paragraph must submit a written application stating the following information to the Minister of Health, Labour and Welfare:

③The written application referred to in the preceding paragraph must be accompanied by a business plan for the services that the applicant will provide at each place of business where it will engage in worker dispatching services, and by other documents specified by Order of the Ministry of Health, Labour and Welfare.

④In the business plan referred to in the preceding paragraph, the applicant must state the number of assigned workers involved in its services, the amount of the worker dispatching charge, and other particulars of its worker dispatching for each place of business where it will engage in worker dispatching services, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

⑤Before granting the license referred to in paragraph (1), the Minister of Health, Labour and Welfare must obtain the opinion of the Labor Policy Council.

A person that falls under any of the following items may not receive the license referred to in paragraph (1) of the preceding Article:

①Unless the Minister of Health, Labour and Welfare finds that the application for a license referred to in Article 5, paragraph (1) conforms to the criteria stated below, the Minister must not grant that license:

②If the Minister of Health, Labour and Welfare will not grant the license referred to in Article 5, paragraph (1), the Minister must notify the applicant of this without delay while indicating the reason for this.

①If the Minister of Health, Labour and Welfare grants the license referred to in Article 5, paragraph (1), the Minister must issue license certificates to cover the number of places of business where the licensee will engage in worker dispatching services, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

②A person that has been issued a license certificate must keep it at the place of business where the person engages in worker dispatching services and present it to a person concerned if asked.

③If an issued license certificate is lost or destroyed, the person that was issued that license certificate must promptly notify the Minister of Health, Labour and Welfare of this and have the license certificate reissued.

①The license stated in Article 5, paragraph (1) may be granted under certain conditions, which may be subsequently altered.

②The conditions provided for in the preceding paragraph are limited to what is minimally necessary, either in view of the purpose of the license or to ensure the secure implementation of the things under the license, and must not impose any undue obligation upon the person that is granted the license.

①The validity period of the license provided for in Article 5, paragraph (1) is three years counting from the date it is granted.

②A person seeking to continue to engage in worker dispatching services under a license prescribed in the preceding paragraph after the expiration of the license's validity period (or after the expiration of the validity period as renewed pursuant to the provisions of this paragraph, if applicable) must have the validity period of the license renewed pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

③If an application for renewal of the validity period of a license as prescribed in the preceding paragraph has been submitted, but the Minister of Health, Labour and Welfare finds that the application is not in conformity with the criteria stated in each item of Article 7, paragraph (1), the Minister must not renew the license's validity period.

④The validity period of the license referred to in Article 5, paragraph (1) when renewed pursuant to the provisions of paragraph (2) is five years counting from the day following the date of expiration of the validity period of the license before the renewal.

⑤The provisions of Article 5, paragraphs (2) through (4), Article 6 (excluding items (v) through (viii)), and Article 7, paragraph (2) apply mutatis mutandis to the renewal of the validity period of a license under paragraph (2).

①If there has been a change in the information stated in any of the items of Article 5, paragraph (2), a staffing provider must notify the Minister of Health, Labour and Welfare of this without delay. In that case, if the information subject to the change concerns the establishment of a new place of business where the provider will engage in worker dispatching services, the notification must be accompanied by a business plan for that place of business and other documents specified by Order of the Ministry of Health, Labour and Welfare.

②The provisions of Article 5, paragraph (4) apply mutatis mutandis to the business plan referred to in the preceding paragraph.

③If, pursuant to the provisions of paragraph (1), the Minister of Health, Labour and Welfare receives a notification of changes concerning the establishment of a new place of business where the provider will engage in worker dispatching services, the Minister must issue license certificates to cover the number of new places of business that will be established, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

④When a staffing provider submits a notification under paragraph (1), and any particular related to that notification falls under any information stated in the license certificate, the provider must apply for updating of the license certificate pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

①If a staffing provider discontinues its worker dispatching services, it must file a notification with the Minister of Health, Labour and Welfare of this without delay pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

②When a notification under the provisions of the preceding paragraph is filed, the license referred to in Article 5, paragraph (1) ceases to be effective.

①The Minister of Health, Labour and Welfare may revoke a license granted to a staffing provider pursuant to the provisions of Article 5, paragraph (1), if the staffing provider falls under any of the following items:

②If a staffing provider falls under item (ii) or (iii) of the preceding paragraph, the Minister of Health, Labour and Welfare may order a partial or full suspension of its worker dispatching services for a designated period of time.

A staffing provider must not allow any other person to engage in worker dispatching services using the provider's name.

①A staffing provider, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must prepare a business report and settlement of accounts for its worker dispatching services, for each place of business at which it engages in those services, and submit them to the Minister of Health, Labour and Welfare.

②A business report referred to in the preceding paragraph must contain the number of dispatched workers, the number of persons that have used the worker dispatching services, the amount of the worker dispatching charge, and other particulars of the worker dispatching, for each place of business where the person has provided worker dispatching services, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

③A staffing provider must report the rate of assignment to the provider's close clients prescribed in the following Article to the Minister of Health, Labour and Welfare, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

④Before a staffing provider provides worker dispatching for the purpose of having a dispatched worker work at a place of business or other such facility that is located outside the region where this Act is in force (referred to below as "overseas staffing"), the provider must file a notification indicating this with the Minister of Health, Labour and Welfare, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

⑤Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare and for each place of business where it engages in worker dispatching services, a staffing provider must provide information on the number of dispatched workers associated with those services, the number of persons that have used the worker dispatching services, the rate arrived at when the average wage of dispatched workers is subtracted from the average worker dispatching charge and the product is then divided by the average worker dispatching charge as calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, the particulars of educational training, and other particulars specified by Order of the Ministry of Health, Labour and Welfare as those that it is appropriate to communicate to the relevant persons in advance in connection with the activities of its worker dispatching services.

When a staffing provider provides worker dispatching for a person that is able to substantially control the staffing provider's management or any other person specified by Order of the Ministry of Health, Labour and Welfare as a person that has a specific relationship to the staffing provider (referred to below as a "close client" in this Article), the staffing provider must ensure that the rate of assignment to its close client (meaning the rate arrived at when the total working hours for assigned work (referring to the work done by workers subject to worker dispatching arrangements; the same applies below) that the dispatched workers whom the staffing provider employs perform for the close client in a business year is divided by the total working hours for all assigned work that the dispatched workers whom the staffing provider employs perform in the business year as calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare) is not more than 80 percent.

The provisions of Article 20 of the Employment Security Act apply mutatis mutandis to worker dispatching services. In that case, in paragraph (1) of that Article, the phrase "public employment security office" is deemed to be replaced with "staffing provider prescribed in Article 2, item (iv) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (simply referred to below as a "staffing provider")" and the phrase "must not refer a job seeker to a place of business" is deemed to be replaced with "must not engage in worker dispatching prescribed in item (i) of that Article with regard to the place of business (simply referred to below as "worker dispatching") (if worker dispatching is actually carried out for the place of business at the time of the strike or lock-out, excluding that worker dispatching and any equivalent arrangement)"; in paragraph (2) of that Article, the phrase "unrestricted referral of job seekers" is deemed to be replaced with "unlimited worker dispatching", the phrase "the public employment security office must not refer job seekers to that place of business" is deemed to be replaced with "the public employment security office must notify the staffing provider of this, and the staffing provider, having received the notification, must not provide worker dispatching for that place of business (if worker dispatching is being provided for that place of business at the time of the notification, excluding the relevant worker dispatching and any equivalent arrangement)", the phrase "workers normally employed" is deemed to be replaced with "workers (including workers having been engaged in work under a worker dispatching arrangement) normally employed", and the phrase "referring workers" is deemed to be replaced with "providing dispatched workers".

A person using worker dispatching services must not use worker dispatching services that are provided by an entity that engages in worker dispatching services but that is not a staffing provider.

①When a staffing provider collects, retains, or uses a worker's personal information in connection with worker dispatching, it must collect it only within the scope necessary for achieving the purpose of its operations (including employment placement, if it offers temp-to-perm placement; the same applies in the following Article), and must retain and use it only within the scope of the purpose for which it was collected; provided, however, that this does not apply if the provider has the person's consent to do otherwise or if there are other justifiable reasons.

②A staffing provider must take the necessary measures to properly manage workers' personal information.

It is prohibited for a staffing provider, its agent, employee, or other staff member to disclose to another person any secret learned with regard to information handled in the course of business, without legitimate grounds. The same applies even after a person has ceased to be a staffing provider or its agent, employee, or other staff member.

In applying the provisions of this Act that concern worker dispatching services, the Minister of Health, Labour and Welfare must take into consideration employment practices that are considered to contribute to workers' effective demonstration of their abilities and their employment security throughout their working lives, as well as the principle that assigned work should be occasional and temporary, and, at the same time, must make considerations so that the coordination of labor supply and demand through worker dispatching services is in harmony with the coordination of labor supply and demand under the other systems specified in the Employment Security Act.

①Pursuant 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:

②In 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:

③Before 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).

④In 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.

⑤If 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.

⑥In 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.

⑦In 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.

⑧The 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.

⑨If 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.

⑩In 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.

⑪A 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.

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.

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.

The cancellation of a worker dispatching contract has only prospective effect.

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.

①A 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):

②To 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".

①A 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.

②At 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.

①A 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.

②A 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.

①Pursuant 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):

②A 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.

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.

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.

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.

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.

①A 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.

②Before 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:

③Before 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:

④If 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.

⑤A 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.

①Before 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).

②Before 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.

①Without 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.

②Without 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.

①Before 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:

②When 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.

③When 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.

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:

①When a staffing provider provides worker dispatching, it must notify the client of the following particulars pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:

②If a particular as stated in items (ii) through (v) of the preceding paragraph changes after the staffing provider gives the notice under the provisions of that paragraph, it must notify the client of this without delay.

If a client would violate the provisions of Article 40-2, paragraph (1) by using the worker dispatching staffing services provided by a staffing provider, the provider must not continue to provide worker dispatching beginning from the first day the violation would occur.

A staffing provider must not continuously provide worker dispatching (excluding worker dispatching that falls under any of the items of Article 40-2, paragraph (1)) using the same dispatched worker for more than three years for work in an organizational unit at the client's place of business or at the place for the assigned work to be performed.

①A staffing provider must not provide worker dispatching using the day workers it employs (referring to workers employed on a daily basis or for a fixed term not exceeding 30 days; the same applies in this paragraph), unless the provider provides worker dispatching for work whose swift and adequate performance requires expert knowledge, technical skills, or experience, and which is specified by Cabinet Order as work that is considered unlikely to interfere with the proper management of day workers' employment even if they are made to engage in it based on a worker dispatching staffing arrangement, or unless the worker dispatching is considered necessary to assist in the continued employment of workers for whom it is considered to be particularly difficult to ensure employment opportunities or in other such cases specified by Cabinet Order.

②Before drafting a proposal for the establishment or amendment of the Cabinet Order referred to in the preceding paragraph, the Minister of Health, Labour and Welfare must obtain the opinion of the Labor Policy Council.

A staffing provider that seeks to provide worker dispatching must not do so if use of the worker dispatching services in question would cause the client to violate the provisions of Article 40-9, paragraph (1).

A staffing provider must appoint a provider-side manager from among persons not falling under any items of (i), (ii), and (iv) through (ix) of Article 6 (excluding minors, and limited to persons who meet the criteria specified by Order of the Ministry of Health, Labour and Welfare as persons who are sufficiently able to properly manage the employment of dispatched workers), pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, in order to have that manager do the following things in connection with assigned work:

①A staffing provider must prepare a provider-side management record for assigned work and enter the following particulars in it for each dispatched worker, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:

②A staffing provider must retain the provider-side management record referred to in the preceding paragraph for three years.

The provisions of Article 33 and Article 34, paragraph (1) (excluding items (iii) and (iv)) apply mutatis mutandis to entities providing worker dispatching other than staffing providers. In this case, the phrase "client" in Article 33 is deemed to be replaced with "person using staffing services".

A client must take appropriate measures so that it does not violate the provisions of a staffing contract as it concerns 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.

①If a client receives a complaint concerning assigned work from a dispatched worker working under its directions and orders, the client must notify the staffing provider of the details of the complaint and endeavor, in good faith and without delay, to handle the complaint appropriately and promptly in close cooperation with the staffing provider.

②Unless a dispatched worker already has the abilities they need for the work in question and excepting other cases specified by Order of the Ministry of Health, Labour and Welfare, at the request of the staffing provider that employs a dispatched worker who is working under a client's directions and orders, the client must take the necessary measures such as also providing that dispatched worker with educational training it implements to give workers whom the client employs and who are engaged in the same type of work as that dispatched worker the abilities they need to perform their work, in order to enable the dispatched worker to acquire the abilities they need for that work.

③A client must provide a dispatched worker working under its directions and orders with opportunities to use workplace facilities that it provides the workers it employs an opportunity to use, and that Order of the Ministry of Health, Labour and Welfare specifies as contributing to the smooth performance of work.

④Beyond what is prescribed in the preceding three paragraphs, a client must make considerations for dispatched workers who are made to work under its directions and orders by taking the necessary measures for assigned work to be done properly and smoothly, such as maintaining a proper work environment and facilitating the use of the infirmary and other such facilities regularly used by the workers employed by the client (excluding the welfare facilities specified by Order of the Ministry of Health, Labour and Welfare as referred to in the preceding paragraph).

⑤In order for measures under the provisions of Articles 30-2 and 30-3, Article 30-4, paragraph (1), and Article 31-2, paragraph (4) to be taken appropriately, a client, at the request of the staffing provider, must make considerations for providing the needed cooperation, including by providing information on workers employed by the client, information on the performance of work by the dispatched workers, and other information that is needed for those measures to be taken.

①A 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:

②The 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.

③If 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.

④If 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.

⑤If 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.

⑥A 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.

⑦If 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.

⑧Before 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.

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.

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).

①If 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.

②To 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.

①When 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:

②A 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.

③If 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.

④At 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.

①If 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.

②At 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.

①At the request of a person using staffing services or a dispatched worker, the Minister of Health, Labour and Welfare may give the necessary advice about whether an act by a person using staffing services falls under any of the items of Article 40-6, paragraph (1).

②If a dispatched worker whom a labor contract that is found to have been offered pursuant to the provisions of Article 40-6, paragraph (1) concerns accepts the offer but is not allowed to work by the person using staffing services that has been found to have offered the labor contract pursuant to the provisions of that paragraph, the Minister of Health, Labour and Welfare may give the person using staffing services the necessary advice, guidance, or recommendations about the employment of the dispatched worker.

③If a person using staffing services that has been found to have offered a labor contract pursuant to the provisions of Article 40-6, paragraph (1) does not follow the recommendation given by the Minister of Health, Labour and Welfare, pursuant to the provisions of the preceding paragraph, that the relevant dispatched worker should be allowed to work, the Minister of Health, Labour and Welfare may make this public.

①If a client seeks to use worker dispatching services but a dispatched worker subject to the worker dispatching arrangement is a person separated from employment with the client, the client must not use staffing services involving that dispatched worker (excluding dispatched workers specified by Order of the Ministry of Health, Labour and Welfare as those for whom it is particularly difficult to ensure employment opportunities and whose continued employment it is considered necessary to assist in) until the final day in the one-year period counting from the date of the separation from employment.

②If a client has received a notification under the provisions of Article 35, paragraph (1) and it would violate the provisions of the preceding paragraph if the client were to use the worker dispatching services in question, the client must promptly notify the provider that seeks to provide the worker dispatching of this.

A client must appoint a client-side manager pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, to have that person carry out the following particulars with regard to assigned work:

①A client must prepare a client-side management record with regard to assigned work and enter in the record the following particulars with regard to each dispatched worker, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:

②A client must retain the client-side management record referred to in the preceding paragraph for three years.

③Pursuant to Order of the Ministry of Health, Labour and Welfare, a client must notify a staffing provider of the particulars stated in each item of paragraph (1) (excluding item (iv)).

The provisions of Article 39 apply mutatis mutandis to persons that use staffing services but that do not constitute clients.

①The provisions of Articles 3, 5, and 69 of the Labor Standards Act (including penal provisions related to these provisions) apply to the assigned work of a worker provided for in Article 9 of that Act (excluding a person who is employed at a business at which only relatives living together are employed, or a domestic employee) who is employed by an entity that controls a business as prescribed in that Article (simply referred to below as a "business" in this Section) (the entity in control of such a business is simply referred to below as an "entity" in this Article), who has been assigned to another entity's business in order to do assigned work at that business, and who is not employed by that other entity (that other entity is referred to below as the "client entity" in this Article) (such a worker is referred to below as an "assigned worker" in this Section); the business to which the assigned worker has been assigned (referred to below as the "client's business" in this Section) is deemed to also be a business at which the assigned worker is employed, and the provisions of Articles 3, 5, and 69 of that Act (including the associated penal provisions) apply.

②The client's business is deemed to be the only business at which the assigned worker is employed as it concerns the assigned work performed by an assigned worker, and the provisions of Article 7, Article 32, Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraphs (1) through (3), Articles 33 through 35, Article 36, paragraphs (1) and (6), Article 40, Article 41, Articles 60 through 63, Article 64-2, Article 64-3, Articles 66 through 68, and Article 141, paragraph (3) of the Labor Standards Act and the provisions of orders based on these provisions (including penal provisions related to these provisions) apply. In that case, the phrase "at the workplace" in Article 32-2, paragraph (1) of that Act is deemed to be replaced with "at the workplace of the provider's business (which means the provider's business prescribed in Article 44, paragraph (3) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (referred to below as the "Worker Dispatching Act"); the same applies below), in which the provider-side employer as prescribed in that paragraph (such employer is simply referred to below as a "provider-side employer")"; the phrase "pursuant to rules of employment or the equivalent" in Article 32-3, paragraph (1) of the Labor Standards Act is deemed to be replaced with "pursuant to rules of employment or the equivalent, a provider-side employer"; the phrase "a worker for whom" in that paragraph is deemed to be replaced with "a worker who can be made to work for the working hours under the provisions of this Article, based on the staffing contract with regard to the worker concerned prescribed in Article 26, paragraph (1) of the Worker Dispatching Act"; the phrase "at that workplace" in that paragraph is deemed to be replaced with "at the workplace of the business of the relevant provider's business, where the provider-side employer"; the phrase "at that workplace" in Article 32-4, paragraphs (1) and (2) of the Labor Standards Act is deemed to be replaced with "at the workplace of the business of the relevant provider's business, where the provider-side employer"; the phrase "at that workplace" in Article 36, paragraph (1) of that Act is deemed to be replaced with "at the workplace of the provider's business, where the provider-side employer"; and the phrase "concluded a written agreement" in that Article is deemed to be replaced with "concluded a written agreement and".

③The employer provided for in Article 10 of the Labor Standards Act for the business of an entity that provides worker dispatching (such a business is referred to below as the "provider's business" in this Section) (such an employer is referred to below as the "provider-side employer" in this Article) must not provide worker dispatching if the person that would be deemed, pursuant to the preceding paragraph, to be the employer that Article 10 of the Labor Standards Act prescribes for the business of the entity using the worker dispatching services would violate the provisions of Article 32, 34, or 35, Article 36, paragraph (6), Article 40, Articles 61 through 63, Article 64-2 or 64-3, or Article 141, paragraph (3) of that Act, or the provisions of any orders based on these provisions (referred to as "the provisions of laws and regulations concerning labor standards" in the following paragraph), as applied pursuant to the provisions of the preceding paragraph, if it were to cause the dispatched worker who would be subject to the worker dispatching arrangement to work in accordance with the assigned work conditions that the associated staffing contract prescribes.

④If a provider-side employer violates the provisions of the preceding paragraph (limited to a case in which the person that is deemed, pursuant to the provisions of paragraph (2), to be the employer prescribed in Article 10 of the Labor Standards Act for that client's business violates the relevant provisions of laws and regulations concerning labor standards with regard to a worker assigned under the relevant staffing arrangement), the provider-side employer is deemed to have violated the relevant provisions of laws and regulations concerning labor standards, and the provisions of Articles 118, 119, and 121 of the Labor Standards Act apply.

⑤With regard to the exceptions to the Labor Standards Act under the provisions of each of the preceding paragraphs, the following provisions (including penal provisions relating to these provisions) apply with the following terms deemed to be replaced in the following manner: the phrase "that workplace" in Article 38-2, paragraph (2) of that Act is deemed to be replaced with "the workplace (for the assigned work prescribed in Article 23-2 of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985; referred to below as the "Worker Dispatching Act"), the workplace of the provider's business prescribed in Article 44, paragraph (3) of the Worker Dispatching Act)"; the phrase "if the employer has assigned a worker" in Article 38-3, paragraph (1) of the Labor Standards Act is deemed to be replaced with "if the employer has assigned a worker (including if the client-side employer (meaning the person deemed, pursuant to the provisions of Article 44, paragraph (1) or (2) of the Worker Dispatching Act, to be the employer prescribed in Article 10 for the client's business prescribed in paragraph (1) of that Article; the same applies below) has assigned a worker)"; the phrase "this Act" in Article 99, paragraphs (1) through (3), Article 100, paragraphs (1) and (3), and Article 104-2 of the Labor Standards Act is deemed to be replaced with "this Act and the provisions of Article 44 of the Worker Dispatching Act"; the phrase "employer" in Article 101, paragraph (1), Article 104, paragraph (2), Article 104-2, Article 105-2, Article 106, paragraph (1), and Article 109 of the Labor Standards Act is deemed to be replaced with "employer (including client-side employers)"; the phrase "criminal violations of this Act" in Article 102 of that Act is deemed to be replaced with "criminal violations (including the crimes prescribed in Articles 118, 119, and 121 of the Labor Standards Act under the provisions of Article 44, paragraph (4) of the Worker Dispatching Act) of this Act (including as applied pursuant to the provisions of Article 44 of that Act)"; the phrase "this Act or an order issued pursuant to this Act" in Article 104, paragraph (1) of the Labor Standards Act is deemed to be replaced with "the provisions of this Act or orders issued based on this Act (including as applied pursuant to the provisions of Article 44 of the Worker Dispatching Act), or the provisions of paragraph (3) of that Article"; the phrase "this Act" in Article 106, paragraph (1) of the Labor Standards Act is deemed to be replaced with "this Act (including the provisions of Article 44 of the Worker Dispatching Act; the same applies below in this paragraph)"; the phrase "agreement and any resolution as provided in Article 38-4, paragraphs (1) and (5) (including as applied mutatis mutandis pursuant to Article 41-2, paragraph (3)) and Article 41-2, paragraph (1)" in Article 106, paragraph (1) of the Labor Standards Act is deemed to be replaced with "agreement and any resolution as provided in Article 38-4, paragraphs (1) and (5) (including as applied mutatis mutandis pursuant to Article 41-2, paragraph (3)) and Article 41-2, paragraph (1) (for the client-side employer, the main points of this Act and orders based on this Act)"; and the phrase "this Act and orders based on this Act" in Article 112 of the Labor Standards Act is deemed to be replaced with "the provisions of this Act and orders issued based on this Act (including as applied pursuant to the provisions of Article 44 of the Worker Dispatching Act), and the provisions of paragraph (3) of that Article".

⑥Technical replacements of terms and other things needed to apply the provisions of the Labor Standards Act and orders issued based on it pursuant to the provisions of this Article are prescribed by orders.

①The person running a client's business to which a worker has been dispatched for assigned work is deemed to also be the business operator that employs that assigned worker (meaning the business operator prescribed in Article 2, item (iii) of the Industrial Safety and Health Act (Act No. 57 of 1972); the same applies below in this Article), such an assigned worker is deemed to also be a worker employed by the person running that client's business, and the provisions of Article 3, paragraph (1), Articles 4 and 10, Articles 12 through 13 (excluding paragraphs (2) and (3)), Articles 13-2, 13-3, 18, and 19-2, Article 59, paragraph (2), Articles 60-2, 62, and 62-2, Article 66-5, paragraph (1), and Articles 69 and 70 (including penal provisions related to these provisions) of that Act apply to the client's business where the worker has been assigned to do that work. In that case, the phrase "Article 25-2, paragraph (2)" in Article 10, paragraph (1) of that Act is deemed to be replaced with "Article 25-2, paragraph (2) (including as applied pursuant to the provisions of Article 45, paragraph (3) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (referred to below as the "Worker Dispatching Act"))", and the phrase "the following operations" in Article 10, paragraph (1) of the Industrial Safety and Health Act is deemed to be replaced with "the following operations (with regard to an assigned worker prescribed in Article 44, paragraph (1) of the Worker Dispatching Act (simply referred to below as an "assigned worker"), the operations referred to in item (ii) (excluding those connected with special education on health or safety as prescribed in Article 59, paragraph (3)), the operations referred to in item (iii) (limited to those connected with medical examinations under the provisions of Article 66, paragraph (1) (including medical examinations that fall under the provisions of the second sentence of paragraph (2) of that Article and are specified by Order of the Ministry of Health, Labour and Welfare) and medical examinations associated with to the above medical examinations under the provisions of paragraph (4) of that Article, and medical examinations associated with those medical examinations above under the provisions of the proviso to paragraph (5) of that Article), and the operations referred to in item (v) (limited to those operations specified by Order of the Ministry of Health, Labour and Welfare) are excluded; referred to below as "health and safety management operations at the client's place of business" in Article 12, paragraph (1) and Article 12-2)"; in Article 12, paragraph (1) and Article 12-2, the phrase "the operations listed in each item of Article 10, paragraph (1)" is deemed to be replaced with "health and safety management operations at the client's place of business", the phrase "Article 25-2, paragraph (2)" is deemed to be replaced with "Article 25-2, paragraph (2) (including as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act)", and the phrase "in each item of paragraph (1) of that Article" is deemed to be replaced with "in each item of Article 25-2, paragraph (1)"; in Article 13, paragraph (1), the phrase "healthcare to workers and undertake other duties specified by Order of the Ministry of Health, Labour and Welfare (hereinafter" is deemed to be replaced with "healthcare to workers and undertake other duties specified by Order of the Ministry of Health, Labour and Welfare (with regard to assigned workers, excluding duties specified by Order of the Ministry of Health, Labour and Welfare from the relevant duties; in paragraphs (4) and (5), the following Article, and Article 13-3"; in paragraph (4) of that Article, the phrase "other information provided" is deemed to be replaced with "other information provided (with regard to assigned workers, from relevant pieces of information, excluding information on the particulars specified by Order of the Ministry of Health, Labour and Welfare referred to in paragraph (1))"; and in Article 18, paragraph (1) of the Industrial Safety and Health Act, the phrase "the following particulars" is deemed to be replaced with "the following particulars (with regard to assigned workers, excluding particulars specified by Order of the Ministry of Health, Labour and Welfare from the relevant particulars)".