Article 5-2Cooperation of Employment Security Agencies and Specified Local Public Entities
第五条の二(職業安定機関と特定地方公共団体等の協力)
An employment security agency, specified local public entity, employment placement service provider, person offering the service of providing recruitment/candidate information, or worker supply service provider must endeavor to cooperate with one another in matters such as enhancing employment information and improving the technology for coordinating workforce supply and demand, in order to ensure the appropriate and smooth coordination of workforce supply and demand.
A public employment security office and specified local public entity or employment placement service provider must endeavor to cooperate with one another with respect to employment placement, in order to enable job seekers to obtain jobs that are suited to their abilities in the geographic areas where they wish to work.
Article 5-3Explicitly Indicating the Working Conditions
第五条の三(労働条件等の明示)
In carrying out employment placement, a public employment security office, specified local public entity, or employment placement service provider must explicitly indicate to a job seeker the nature of the work in which that person is to engage, along with their working conditions such as wages and working hours; in carrying out worker recruitment, a person recruiting workers or commissioned recruiter must explicitly indicate these details to an aspiring worker; similarly, in carrying out worker supply, provider of worker supply services must indicate these details to a person to be supplied.
When applying for a job opening posting, a job poster must explicitly indicate to a public employment security office, specified local public entity, employment placement service provider the nature of the work in which the job seeker would engage, as well as the wages, working hours, and such conditions; similarly, a person seeking to have a worker supplied must explicitly indicate to a provider of worker supply services, the nature of the work in which the worker to be supplied would engage, as well as the wages, working hours, and other such conditions, in advance.
If a job poster wishes to enter into a labor contract with a job seeker, introduced by the public employment security office, a specified local public entity, or a person recruiting workers wishes to enter into a contract with an aspiring worker, or if a person seeking to have a worker supplied to it (only if it will employ the worker who is supplied to it) wishes to enter into a contract with a supplied worker; and changes the substance, wages, working hours, or other working conditions of the work in which the relevant person would engage (hereinafter referred to as the "substance of the job or work to be engaged in" in this paragraph) that have been explicitly indicated to that person pursuant to the provisions of paragraph (1), or in any other case prescribed by Order of the Ministry of Health, Labour and Welfare, it must explicitly indicate to the person seeking to be the other party to the contract the substance of the job or work to be engaged in that it is changing and the other particulars specified by Order of the Ministry of Health, Labour and Welfare.
求人者、労働者の募集を行う者及び労働者供給を受けようとする者(供給される労働者を雇用する場合に限る。)は、それぞれ、求人の申込みをした公共職業安定所、特定地方公共団体若しくは職業紹介事業者の紹介による求職者、募集に応じて労働者になろうとする者又は供給される労働者と労働契約を締結しようとする場合であつて、これらの者に対して第一項の規定により明示された従事すべき業務の内容及び賃金、労働時間その他の労働条件(以下この項において「従事すべき業務の内容等」という。)を変更する場合その他厚生労働省令で定める場合は、当該契約の相手方となろうとする者に対し、当該変更する従事すべき業務の内容等その他厚生労働省令で定める事項を明示しなければならない。
With respect to the particulars of wages and working hours and the other particulars prescribed by Order of the Ministry of Health, Labour and Welfare, Labour and Welfare, an explicit indication under the preceding three paragraphs must be made by employing a method by Order of the Ministry of Health, Labour and Welfare.
前三項の規定による明示は、賃金及び労働時間に関する事項その他の厚生労働省令で定める事項については、厚生労働省令で定める方法により行わなければならない。
Article 5-4Accurately Representing Information on Job Openings
第五条の四(求人等に関する情報の的確な表示)
In providing information on job openings or worker recruitment, information on job seekers or aspiring workers, or other information provided for by Order of the Ministry of Health, Labour and Welfare (referred to as "information on job openings, etc." in paragraph (3)) in relation to operations conducted under this Act by placing an advertisement in a publication such as a newspaper or magazine, by posting or distributing documents, or by other methods provided by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "advertisement, etc." in this Article), a public employment security office, specified local public entity and employment placement service provider, person recruiting workers and commissioned recruiters, person offering the service of providing recruitment/candidate information, and provider of worker supply services must not make a false or misleading representation regarding the information.
A person recruiting workers and commissioned recruiters must keep the information accurate and up-to-date when providing information on worker recruitment or other information as provided for by Order of the Ministry of Health, Labour and Welfare in relation to operations conducted under this Act through advertisement, etc.
In providing information on job openings, etc., in relation to operations conducted under this Act by advertisement, etc., a public employment security office, specified local public entity, employment placement service provider, person offering the service of providing recruitment/candidate information, and provider of worker supply services must take measures to keep the information accurate and up-to-date pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
When a public employment security office, specified local public entity, employment placement service provider or job poster, a person recruiting workers or commissioned recruiter, a provider of recruitment/candidate information in a specified manner, or a provider of worker supply services or a person seeking to have a worker supplied to it (referred to as a "public employment security office, etc." in the following paragraph) collect, retain, or use personal information of a job seeker, aspiring worker, or supplied worker (hereinafter referred to as the "personal information of a job seeker, etc." in this Article) in relation to their respective operations, the public employment security office, etc. must collect the personal information of a job seeker, etc. by clarifying the purpose of its operations pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, to the extent necessary to achieve the purpose, and must retain and use this information within the scope of the purpose of the collection. However, this does not apply if the person concerned has consented or if there is any other justifiable reason.
公共職業安定所、特定地方公共団体、職業紹介事業者及び求人者、労働者の募集を行う者及び募集受託者、特定募集情報等提供事業者並びに労働者供給事業者及び労働者供給を受けようとする者(次項において「公共職業安定所等」という。)は、それぞれ、その業務に関し、求職者、労働者になろうとする者又は供給される労働者の個人情報(以下この条において「求職者等の個人情報」という。)を収集し、保管し、又は使用するに当たつては、その業務の目的の達成に必要な範囲内で、厚生労働省令で定めるところにより、当該目的を明らかにして求職者等の個人情報を収集し、並びに当該収集の目的の範囲内でこれを保管し、及び使用しなければならない。ただし、本人の同意がある場合その他正当な事由がある場合は、この限りでない。
A public employment security office, etc. must take the necessary measures to appropriately manage the personal information of a job seeker.
Article 5-6Applying to Post a Job Opening
第五条の六(求人の申込み)
A public employment security office, specified local public entity, or employment placement service provider must accept all applications to post job openings. However, it may reject an application falling under any of the following items:
an application to post a job whose substance violates a law or regulation;
その内容が法令に違反する求人の申込み
an application to post a job opening for which the wages, working hours, or other such working conditions that constitute its substance are found to be remarkably inappropriate in comparison to ordinary working conditions;
その内容である賃金、労働時間その他の労働条件が通常の労働条件と比べて著しく不適当であると認められる求人の申込み
an application to post a job opening from a person who has been subjected to a disposition, public announcement, or other such measures under the law for violating the provisions of labor-related laws specified by Cabinet Order (limited to cases provided for by Order of the Ministry of Health, Labour and Welfare);
労働に関する法律の規定であつて政令で定めるものの違反に関し、法律に基づく処分、公表その他の措置が講じられた者(厚生労働省令で定める場合に限る。)からの求人の申込み
an application to post a job opening that does not explicitly indicate the information under the provisions of Article 5-3, paragraph (2);
第五条の三第二項の規定による明示が行われない求人の申込み
an application to post a job opening that is from any of the persons set forth in the following items:
次に掲げるいずれかの者からの求人の申込み
a member of an organized crime group as provided for in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991; hereinafter referred to as a "member of an organized crime group" in this item and Article 32);
a corporation, any of whose officers (referring to a member who executes the corporation's operations, a director, an executive officer, or person in an equivalent position, and including a consultant, advisor or any other person, irrespective of their title, who is deemed to have at least the same level of control over the corporation as a member who executes the corporation's operations, a director, an executive officer, or a person in an equivalent position; the same applies in Article 32) is a member of an organized crime group; or
a person whose business activities are controlled by a member of an organized crime group;
暴力団員がその事業活動を支配する者
an application to post a job opening that is from a person who has failed to fulfill a request under the provisions of the following paragraph without reasonable grounds.
正当な理由なく次項の規定による求めに応じない者からの求人の申込み
When finding it necessary to do so in order to check whether an application to post a job opening falls under any of the items of the preceding paragraph, a public employment security office, specified local public entity, or employment placement service provider may request a report from the job poster.
Upon receipt of a request under the provisions of the preceding paragraph, a job poster must comply with the request unless there are legitimate grounds for not doing so.
求人者は、前項の規定による求めがあつたときは、正当な理由がない限り、その求めに応じなければならない。
Article 5-7Filing a Job-Seeking Application
第五条の七(求職の申込み)
A public employment security office, specified local public entity, or employment placement service provider must accept all job-seeking applications. However, they reserve the right to reject any application that violates a law or regulation.
A public employment security office, specified local public entity, or employment placement service provider may implement testing and skills assessments if it finds this necessary for determining a job seeker's suitability for a particular kind of work.
Article 5-8Referring Job Seekers to Employment Suitable for Their Abilities
第五条の八(求職者の能力に適合する職業の紹介等)
A public employment security office, specified local public entity, and employment placement service provider must endeavor to introduce job seekers to occupations that suits their abilities, and must aim to recommend job seekers to employers who match the poster's employment conditions.