Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, the provisions of the preceding Article do not apply to the treatment of dispatched workers within the scope specified in item (i), if the following particulars concerning the treatment of dispatched workers (except for treatment associated with the educational training referred to in Article 40, paragraph (2), the welfare facilities referred to in paragraph (3) of that Article, and other such things specified by Order of the Ministry of Health, Labour and Welfare; the same applies in this paragraph) employed by a worker dispatching provider are prescribed in a written agreement with a labor union consisting of a majority of the workers, if there is one, or with a person who represents a majority of the workers, if there is no such labor union there; provided, however, that this does not apply if the provider does not abide by the particulars stated in item (ii), (iv), or (v) that are prescribed by the agreement, or if it does not attempt to implement a fair evaluation under the agreement in connection with item (iii):
派遣元事業主は、厚生労働省令で定めるところにより、労働者の過半数で組織する労働組合がある場合においてはその労働組合、労働者の過半数で組織する労働組合がない場合においては労働者の過半数を代表する者との書面による協定により、その雇用する派遣労働者の待遇（第四十条第二項の教育訓練、同条第三項の福利厚生施設その他の厚生労働省令で定めるものに係るものを除く。以下この項において同じ。）について、次に掲げる事項を定めたときは、前条の規定は、第一号に掲げる範囲に属する派遣労働者の待遇については適用しない。ただし、第二号、第四号若しくは第五号に掲げる事項であつて当該協定で定めたものを遵守していない場合又は第三号に関する当該協定の定めによる公正な評価に取り組んでいない場合は、この限りでない。
the scope of dispatched workers whose treatment is as prescribed by the agreement;
その待遇が当該協定で定めるところによることとされる派遣労働者の範囲
the way of establishing the wages for dispatched workers falling within the scope stated in the preceding item (limited to a way of establishing their wages that falls under (a) and (b), below (or only (a), for commuting allowances and other types of wage specified by Order of the Ministry of Health, Labour and Welfare));
it ensures that the amount of wages is at least equivalent to what is specified by Order of the Ministry of Health, Labour and Welfare as the amount of average wages for ordinary workers engaged in the same type of work as that in which dispatched workers engage;
派遣労働者が従事する業務と同種の業務に従事する一般の労働者の平均的な賃金の額として厚生労働省令で定めるものと同等以上の賃金の額となるものであること。
it ensures that wages will improve if dispatched workers' job duties, work outcomes, motivation, abilities, experience, and other things related to the realities of their work increase;
that, in establishing dispatched workers' wages in the way stated in the preceding item, the worker dispatching provider will fairly evaluate the dispatched workers' job duties, work outcomes, motivation, abilities, experience, and other things related to the realities of their work;
the way of establishing the treatment (other than wages; the same applies below in this item) of dispatched workers falling within the scope stated in item (i) (limited to ways of establishing this that do not result in a difference between the treatment of those dispatched workers and the corresponding treatment of regular workers that the worker dispatching provider employs that are found to be unreasonable in consideration of the circumstances, including the dispatched workers' and regular workers' job descriptions and the scope of changes in their job descriptions and assignments, that are found to be appropriate in light of the nature of the treatment and the purpose of treating those workers in that way);
that the worker dispatching provider will provide dispatched workers falling within the scope stated in item (i) with educational training under Article 30-2, paragraph (1); and
beyond what is stated in each of the preceding items, particulars specified by Order of the Ministry of Health, Labour and Welfare.
前各号に掲げるもののほか、厚生労働省令で定める事項
A worker dispatching provider that has concluded an agreement as referred to as in the preceding paragraph must familiarize the workers employed with the agreement pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.