Article 35Notifying the Client
第三十五条(派遣先への通知)
When 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:
the names the dispatched workers who will be subject to the worker dispatching arrangement;
whether each dispatched worker who will be subject to the worker dispatching arrangement is covered under a collective agreement;
whether each dispatched worker who will be subject to the worker dispatching arrangement is on an open-ended contract or on a fixed-term contract;
whether each dispatched worker who will be subject to the worker dispatching arrangement is a person specified by Order of the Ministry of Health, Labour and Welfare as referred to in Article 40-2, paragraph (1), item (ii);
当該労働者派遣に係る派遣労働者が第四十条の二第一項第二号の厚生労働省令で定める者であるか否かの別
for each dispatched worker who will be subject to the worker dispatching arrangement, particulars specified by Order of the Ministry of Health, Labour and Welfare concerning whether there is confirmation that the worker has acquired qualification as an insured person under the provisions of Article 39, paragraph (1) of the Health Insurance Act, confirmation that the worker has acquired qualification as an insured person under the provisions of Article 18, paragraph (1) of the Employees' Pension Insurance Act, and confirmation that the worker has become an insured person under the provisions of Article 9, paragraph (1) of the Employment Insurance Act; and
当該労働者派遣に係る派遣労働者に関する健康保険法第三十九条第一項の規定による被保険者の資格の取得の確認、厚生年金保険法第十八条第一項の規定による被保険者の資格の取得の確認及び雇用保険法第九条第一項の規定による被保険者となつたことの確認の有無に関する事項であつて厚生労働省令で定めるもの
other particulars specified by Order of the Ministry of Health, Labour and Welfare.
その他厚生労働省令で定める事項
If 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.
派遣元事業主は、前項の規定による通知をした後に同項第二号から第五号までに掲げる事項に変更があつたときは、遅滞なく、その旨を当該派遣先に通知しなければならない。
Article 35-2Worker dispatching Period
第三十五条の二(労働者派遣の期間)
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.
第三十五条の三
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.
Article 35-4Prohibition of Worker dispatching Using Day Workers
第三十五条の四(日雇労働者についての労働者派遣の禁止)
A 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.
Before 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.
厚生労働大臣は、前項の政令の制定又は改正の立案をしようとするときは、あらかじめ、労働政策審議会の意見を聴かなければならない。
Article 35-5Prohibition on Worker dispatching Using Workers Separated from Employment
第三十五条の五(離職した労働者についての労働者派遣の禁止)
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).
Article 36Provider-Side Manager
第三十六条(派遣元責任者)
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:
dealing with the particulars prescribed in Articles 32, 34, and 35 and the following Article;
giving the necessary advice and guidance to dispatched workers;
当該派遣労働者に対し、必要な助言及び指導を行うこと。
handling complaints submitted by dispatched workers;
当該派遣労働者から申出を受けた苦情の処理に当たること。
dealing with managing dispatched workers' personal information;
dealing with providing dispatched workers with educational training and ensuring that they have opportunities to seek advice about career-path planning;
当該派遣労働者についての教育訓練の実施及び職業生活の設計に関する相談の機会の確保に関すること。
communicating and coordinating about dispatched workers' health and safety with the person that oversees the administration of operations related to workers' health and safety at the place of business, and with clients; and
dealing with communicating and coordinating with clients, beyond what is stated in the preceding item.
Article 37Provider-Side Management Records
第三十七条(派遣元管理台帳)
A 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:
whether that worker is covered under a collective agreement;
協定対象派遣労働者であるか否かの別
whether that worker is on an open-ended contract or on a fixed-term contract (and the period of the labor contract, if the worker is on a fixed-term contract);
whether that worker is a person specified by Order of the Ministry of Health, Labour and Welfare as referred to in Article 40-2, paragraph (1), item (ii);
第四十条の二第一項第二号の厚生労働省令で定める者であるか否かの別
the locations of the client's places of business or other places at which the assigned work is performed and the organizational unit;
the worker dispatching period and the days on which assigned work is performed;
what times the worker starts and finishes work;
始業及び終業の時刻
the kind of work that the dispatched worker engages in;
従事する業務の種類
measures taken pursuant to the provisions of Article 30, paragraph (1) (including when the provisions are applied pursuant to the provisions of paragraph (2) of that Article following the deemed replacement of terms);
the dates, times, and content of educational training provided (limited to educational training specified by Order of the Ministry of Health, Labour and Welfare);
教育訓練(厚生労働省令で定めるものに限る。)を行つた日時及び内容
the particulars of the handling of complaints submitted by the dispatched worker;
派遣労働者から申出を受けた苦情の処理に関する事項
if the dispatched worker is subject to temp-to-perm placement, the particulars of the temp-to-perm placement; and
other particulars specified by Order of the Ministry of Health, Labour and Welfare.
その他厚生労働省令で定める事項
A 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".
Section 3 Measures to Be Taken by Clients
第三節 派遣先の講ずべき措置等
Article 39Measures Concerning Staffing Contracts
第三十九条(労働者派遣契約に関する措置)
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.
Article 40Ensuring Proper Assigned Work
第四十条(適正な派遣就業の確保等)
If 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.
Unless 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.
A 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.
Beyond 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).
In 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.