Act for Securing the Proper Operation of Worker

Dispatching Undertakings and Improved Working

Conditions for Dispatched Workers

(Act No. 88 of July 5, 1985)

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to take measures for securing the proper

operation of Worker Dispatching Undertakings for the proper adjustment of

labor demand and supply, in conjunction with the Employment Security Act

(Act No. 141 of 1947), as well as measures for securing improved working

conditions for Dispatched Workers, and thereby to contribute to the stability of

employment and otherwise to the promotion of the welfare of Dispatched

Workers.

(Definitions)

Article 2 In this Act, the meanings of the terms listed in the following items

shall be as prescribed respectively in said items:

(i) "Worker Dispatching" means causing a worker(s) employed by one person so

as to be engaged in work for another person under the instruction of the

latter, while maintaining his/her employment relationship with the former,

but excluding cases where the former agrees with the latter that such

worker(s) shall be employed by the latter;

(ii) "Dispatched Worker" means a worker, employed by an employer, who

becomes the object of Worker Dispatching;

(iii) "Worker Dispatching Undertaking" means carrying out Worker

Dispatching in the course of trade;

(iv) "General Worker Dispatching Undertaking" means a Worker Dispatching

Undertaking other than a Specified Worker Dispatching Undertaking;

(v) "Specified Worker Dispatching Undertaking" means a Worker Dispatching

Undertaking in which the Dispatched Workers (limited to those who become

the objects of Worker Dispatching carried out in the course of trade) are

composed solely of regularly employed workers;

(vi) "Employment Placement Dispatching" means a type of Worker Dispatching

in which employment placement is carried out or is prepared to be carried

out by a person who has received license under paragraph (1) of Article 5,

(hereinafter referred to as a "business operator of a general dispatching

undertaking") or a person who has submitted a written notice pursuant to

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the provisions of paragraph (1) of Article 16 (hereinafter referred to as a

"business operator of a specified dispatching undertaking"), either before or

after the commencement of the provision of Worker Dispatching services,

with regard to the Dispatched Worker(s) pertaining to said Worker

Dispatching and the person(s) receiving the provision of Worker Dispatching

services pertaining to said Dispatched Worker(s) (hereinafter referred to as

the "client(s)" in this item), after having received license or submitted a

written notice pursuant to the provisions of the Employment Security Act

and other Acts, and shall include dispatching through said job introduction

where the employment of said Dispatched Worker(s) by said client(s) is

agreed upon between said Dispatched Worker(s) and said client(s) prior to

the conclusion of the provision of said Worker Dispatching services.

(Exclusion from Application for Mariners)

Article 3 This Act shall not apply to mariners prescribed in paragraph (1) of

Article 6 of the Mariners Employment Security Act (Act No.130 of 1948).

Chapter II Measures for Securing the Proper Operation of Worker

Dispatching Undertakings

Section 1 Scope of Designated Work

Article 4 (1) No person shall be allowed to carry out a Worker Dispatching

Undertaking with regard to services falling under any of the following items:

(i) port transport services (which means port transport services prescribed in

item (ii) of Article 2 of the Port Labor Act (Act No. 40 of 1988) and services

designated by a Cabinet Order as services corresponding to port transport

services carried out at ports other than those prescribed in item (i) of the

same Article);

(ii) construction work (which means work relating to civil engineering,

construction, the building, remodeling, maintenance, repairing, renovation,

wrecking or dismantling of a structure, or work preparatory to any of these );

(iii) work listed in each item of paragraph (1) of Article 2 of the Security

Services Act (Act No. 117 of 1972) and other work designated by a Cabinet

Order as work for the proper performance of which it is considered

inappropriate to allow Dispatched Workers to be engaged therein under

arrangements for Worker Dispatching services carried out in the course of

trade (simply referred to as "Worker Dispatching" in the following Section,

paragraphs (2) and (3) of Article 23 and item (i) of paragraph (1) of Article

40-2).

(2) Before drafting a proposal for the establishment or revision of the Cabinet

Order referred to in item (iii) of the preceding paragraph, the Minister of

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Health, Labour and Welfare shall obtain the opinion of the Labor Policy

Council.

(3) A person who receives the provision of Worker Dispatching services from a

business operator of a Worker Dispatching Undertaking shall not have, under

his/her instruction, any Dispatched Worker under the Worker Dispatching

arrangements engage in work falling under any of the items of paragraph (1).

Section 2 License for Worker Dispatching Undertakings, etc.

Subsection 1 General Worker Dispatching Undertakings

(License for General Worker Dispatching Undertakings)

Article 5 (1) Any person who intends to carry out a General Worker Dispatching

Undertaking shall obtain a license from the Minister of Health, Labour and

Welfare.

(2) Any person who wishes to be granted the license set forth in the preceding

paragraph shall submit to the Minister of Health, Labour and Welfare a

written application form stating the following matters:

(i) the applicant's name or title and address, and, in the case of a juridical

person, the name of its representative;

(ii) in the case of a juridical person, the name and address of its officers;

(iii) the name and location of the place of business where the General Worker

Dispatching Undertaking is carried out;

(iv) the name and address of the responsible person acting for the business

operator of a dispatching undertaking as appointed pursuant to the

provisions of Article 36.

(3) The written application set forth in the preceding paragraph must be

accompanied by a business plan for the undertaking for each place of business

where the General Worker Dispatching Undertaking is carried out and other

documents specified by an Ordinance of the Ministry of Health, Labour and

Welfare.

(4) In the business plans set forth in the preceding paragraph, the number of

Dispatched Workers, the amount of the fee for Worker Dispatching, and other

matters pertaining to Worker Dispatching for the undertaking must be stated

for each place of business where the General Worker Dispatching Undertaking

is carried out, pursuant to the provisions of an Ordinance of the Ministry of

Health, Labour and Welfare.

(5) Before granting the license referred to in paragraph (1), the Minister of

Health, Labour and Welfare shall obtain the opinion of the Labor Policy

Council.

(Causes for Disqualification for License)

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Article 6 A person who falls under any of the following items shall not be

granted the license referred to in paragraph (1) of the preceding Article:

(i) any person who was sentenced to imprisonment or a harsher punishment, or

to a fine under the provisions of this Act or the provisions of other Acts

relating to labor specified by a Cabinet Order (excluding the provisions

referred to in the following item) or the provisions of the Act on the

Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of

1991) (excluding the provisions of Article 48 of the same Act) or for having

committed an offense referred to in Article 204, 206, 208, 208-3, 222 or 247 of

the Penal Code (Act No. 45 of 1907), in the Act on Punishment of Physical

Violence and Other Related Matters (Act No. 60 of 1926) or in paragraph (1)

of Article 73-2 of the Immigration Control and Refugee Recognition Act

(Cabinet Order No. 319 of 1951), and for whom five years have not elapsed

from the date of completion or punishment becomes no longer executable;

(ii) any person sentenced to a fine under the provisions of Article 208, Article

213-2 or paragraph (1) of Article 214 of the Health Insurance Act (Act No. 70

of 1922), Article 68, Article 69-3 or paragraph (1) of Article 70 of the

Mariners Insurance Act (Act No. 73 of 1939), the first sentence of Article 51

or paragraph (1) of Article 54 (limited to the part pertaining to the provisions

of the first sentence of Article 51) of the Workers Accident Compensation

Insurance Act (Act No. 50 of 1947), paragraph (1) of Article 102, Article 103-2,

paragraph (1) of Article 104 (limited to the part pertaining to the provisions

of paragraph (1) of Article 102 or Article 103-2), paragraph (1) or (2) of

Article 182 or Article 184 (limited to the part pertaining to the provisions of

paragraph (1) or (2) of Article 182) of the Welfare Pension Insurance Act (Act

No. 115 of 1954), the first sentence of Article 46 or paragraph (1) of Article

48 (limited to the part pertaining to the provisions of the first sentence of

Article 46) of the Act Concerning the Collection of Premiums on Labor

Insurance (Act No. 84 of 1969) and Article 83 or Article 86 (limited to the

part pertaining to the provisions of Article 83) of the Employment Insurance

Act (Act No. 116 of 1974), and for whom five years have not elapsed from the

date of completion or punishment becomes no longer executable;

(iii) any person who is an adult ward or person under curatorship or bankrupt

who has not had his/her rights restored;

(iv) any person whose license for a General Worker Dispatching Undertaking

was revoked under the provisions of paragraph (1) (excluding item (i)

thereof) of Article 14 and for whom five years have not elapsed from the date

of the revocation;

(v) any minor who does not possess the same capacity for carrying out business

as an adult and whose statutory representative falls under any of the

preceding items;

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(vi) any juridical person any of whose officers falls under any of the preceding

items.

(Criteria for Granting a License)

Article 7 (1) The Minister of Health, Labour and Welfare shall not grant a

license, unless the Minister considers that the application for a license referred

to in paragraph (1) of Article 5 conforms to the criteria listed below:

(i) that the undertaking concerned is not an undertaking carried out for the

purpose of providing Worker Dispatching services solely to specified persons

(excluding such case as is specified by an Ordinance of the Ministry of Health,

Labour and Welfare as a case where such undertaking is necessary for the

continued employment of those workers for whom the ensuring of an

opportunity for employment is considered to be particularly difficult);

(ii) that the applicant has sufficient ability to properly manage the employment

of Dispatched Workers of the undertaking concerned;

(iii) that necessary measures are taken to properly manage personal

information (which means information concerning an individual by which it

is possible to identify a specific person (including information that can be

compared with other information and thereby make it possible to identify a

specific person); the same shall apply hereinafter) and to protect the

confidentiality of Dispatched Workers, etc.;

(iv) in addition to what is listed in the preceding two items, that the applicant

has sufficient ability to carry out the undertaking concerned appropriately.

(2) Where the Minister of Health, Labour and Welfare does not grant the license

referred to in paragraph (1) of Article 5, the Minister shall notify the applicant

to that effect, without delay, indicating the grounds therefor.

(License Certificate)

Article 8 (1) The Minister of Health, Labour and Welfare must, after granting

the license referred to in paragraph (1) of Article 5, issue license certificates in

accordance with the number of places of business where the General Worker

Dispatching Undertaking is carried out, pursuant to the provisions of an

Ordinance of the Ministry of Health, Labour and Welfare.

(2) Any person who has been issued license certificates must keep them at each

place of business where the General Worker Dispatching Undertaking is

carried out and produce the certificates to the persons concerned at their

request.

(3) Any person who has been issued a license certificate shall, in the case where

it is lost or destroyed, notify the Minister of Health, Labour and Welfare

immediately to that effect and apply for reissuance of the license certificate.

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(Conditions Attached to License)

Article 9 (1) The license set forth in paragraph (1) of Article 5 may be granted

under certain conditions, which may be subsequently altered.

(2) The conditions set forth in the preceding paragraph shall be limited to the

minimum necessary in view of the purpose of the license concerned or for

ensuring the implementation of matters related to the license concerned, and

shall not be such as to impose any undue obligation upon the person who is

granted the license.

(Valid Period, etc. of License)

Article 10 (1) The valid period of the license referred to in paragraph (1) of

Article 5 shall be three years from the date of issuance.

(2) Any person who wishes to continue to carry out the General Worker

Dispatching Undertaking covered by the license prescribed in the preceding

paragraph after the expiration of the valid period of the license concerned

(where the valid period of the license concerned has been renewed under the

provisions of this paragraph, the renewed valid period of the license) shall

obtain a renewal of the valid period of the license, pursuant to the provisions of

an Ordinance of the Ministry of Health, Labour and Welfare.

(3) Where an application for the renewal of the valid period of the license

prescribed in the preceding paragraph has been submitted, when the Minister

of Health, Labour and Welfare considers that the application is not in

conformity with the criteria listed in each item of paragraph (1) of Article 7,

the Minister shall not renew the valid period of the license concerned.

(4) The valid period of the license referred to in paragraph (1) of Article 5 shall,

where renewed under the provisions of paragraph (2), be five years from the

day following the date of expiration of the valid period of the license before the

renewal.

(5) The provisions of paragraphs (2) to (4) inclusive of Article 5, Article 6

(excluding item (iv) thereof) and paragraph (2) of Article 7 shall apply mutatis

mutandis to the renewal of the valid period of the license referred to in

paragraph (2).

(Notification of Changes)

Article 11 (1) A business operator of a general dispatching undertaking shall,

where there has been a change in any of the matters listed in each item of

paragraph (2) of Article 5 notify the Minister of Health, Labour and Welfare to

that effect without delay. In this case, where the changed matters relate to the

establishment of a new place(s) of business for carrying out the General

Worker Dispatching Undertaking, the notification shall be accompanied by

business plans pertaining to said place(s) of business and other documents

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specified by an Ordinance of the Ministry of Health, Labour and Welfare.

(2) The provisions of paragraph (4) of Article 5 shall apply mutatis mutandis to

the business plans s in the preceding paragraph.

(3) Upon receiving the notification of changes pertaining to the establishment of

a place(s) of business for carrying out the General Worker Dispatching

Undertaking filed under paragraph (1), the Minister of Health, Labour and

Welfare shall issue a license certificate(s) in accordance with the number of

places of business to be established, pursuant to the provisions of an Ordinance

of the Ministry of Health, Labour and Welfare.

(4) Where a business operator of a general dispatching undertaking files a

notification under paragraph (1), and when the matters pertaining to said

notification fall under any of the matters stated in the license certificate,

he/she shall apply for a revision of the license certificate, pursuant to the

provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

Article 12 Deleted

(Discontinuance of Undertaking)

Article 13 (1) A business operator of a general dispatching undertaking shall,

when he/she has discontinued the General Worker Dispatching Undertaking

concerned, notify, without delay, the Minister of Health, Labour and Welfare to

that effect, pursuant to the provisions of an Ordinance of the Ministry of

Health, Labour and Welfare.

(2) When a notification has been filed under the provisions of the preceding

paragraph, the license set forth in paragraph (1) of Article 5 shall lose its effect.

(Revocation of License, etc.)

Article 14 (1) The Minister of Health, Labour and Welfare may revoke the

license granted to a business operator of a general dispatching undertaking

under the provisions of paragraph (1) of Article 5, where said operator falls

under any of the following items:

(i) when said operator falls under any of the items (excluding item (iv)) of

Article 6;

(ii) when said operator violates the provisions of this Act (excluding the

provisions of Section 4 of the following Chapter) or the Employment Security

Act, or orders or dispositions based on these provisions;

(iii) when said operator violates any conditions attached to the license under

the provisions of paragraph (1) of Article 9.

(2) Where a business operator of a general dispatching undertaking falls under

item (ii) or (iii) of the preceding paragraph, the Minister of Health, Labour and

Welfare may order him/her to suspend the whole or a part of the operations of

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the General Worker Dispatching Undertaking concerned for a stated period of

time.

(Prohibition of Name Lending)

Article 15 A business operator of a general dispatching undertaking shall not

allow any other person to conduct a General Worker Dispatching Undertaking

under his/her name.

Subsection 2 Specified Worker Dispatching Undertakings

(Notification of Specified Worker Dispatching Undertaking)

Article 16 (1) Any person who intends to carry out a Specified Worker

Dispatching Undertaking must submit to the Minister of Health, Labour and

Welfare a written notice containing the matters listed in each item of

paragraph (2) of Article 5. In this case, the term "General Worker Dispatching

Undertaking" in item (iii) of the same paragraph shall be deemed to be

replaced with "Specified Worker Dispatching Undertaking".

(2) The written notice set forth in the preceding paragraph must be accompanied

by a business plan for the undertaking for each place of business where the

Specified Worker Dispatching Undertaking is carried out and other documents

specified by an Ordinance of the Ministry of Health, Labour and Welfare.

(3) The business plan set forth in the preceding paragraph shall contain the

number of Dispatched Workers, the amount of the fee for Worker Dispatching,

and other matters pertaining to Worker Dispatching for the undertaking for

each place of business where the Specified Worker Dispatching Undertaking is

carried out, pursuant to the provisions of an Ordinance of the Ministry of

Health, Labour and Welfare.

(Reasons for Disqualification from Commencing an Undertaking)

Article 17 A person who falls under any of the items of Article 6 shall not newly

establish a place of business for nor carry out a Specified Worker Dispatching

Undertaking.

(Keeping Documents, etc.)

Article 18 A business operator of a specified dispatching undertaking must keep,

at each place of business where the Specified Worker Dispatching Undertaking

is carried out, documents stating the fact that he/she has submitted a written

notice and other matters specified by an Ordinance of the Ministry of Health,

Labour and Welfare, and must produce such documents to the persons

concerned at their request.

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(Notification of Changes)

Article 19 (1) A business operator of a specified dispatching undertaking shall,

where there has been a change in any of the matters to be stated in the written

notice referred to in paragraph (1) of Article 16, notify the Minister of Health,

Labour and Welfare to that effect without delay. In this case, where the

changed matter relates to the establishment of a new place(s) of business for

carrying out the Specified Worker Dispatching Undertaking, the notification

shall be accompanied by business plans pertaining to said place(s) of business

and other documents specified by an Ordinance of the Ministry of Health,

Labour and Welfare.

(2) The provisions of paragraph (3) of Article 16 shall apply mutatis mutandis to

the business plans referred to in the preceding paragraph.

(Discontinuance of Undertaking)

Article 20 A business operator of a specified dispatching undertaking shall,

when he/she has discontinued the Specified Worker Dispatching Undertaking

concerned, notify the Minister of Health, Labour and Welfare to that effect,

without delay.

(Order to Discontinue or Suspend Undertaking, etc.)

Article 21 (1) When a business operator of a specified dispatching undertaking

falls under any item (excluding item (iv)) of Article 6, the Minister of Health,

Labour and Welfare may order him/her to discontinue the Specified Worker

Dispatching Undertaking concerned. When a business operator of a specified

dispatching undertaking falls under item (iv) of the same Article at the time of

commencing the Specified Worker Dispatching Undertaking concerned (where

he/she establishes two or more places of business, and carries out the Specified

Worker Dispatching Undertakings, the Specified Worker Dispatching

Undertaking at each place of business; hereinafter the same shall apply in this

paragraph), the Minister of Health, Labour and Welfare may order him/her to

discontinue the Specified Worker Dispatching Undertaking concerned.

(2) Where a business operator of a specified dispatching undertaking has violated

the provisions of this Act (excluding the provisions of Section 4 of the following

Chapter) or the Employment Security Act, or orders or dispositions based on

these provisions, the Minister of Health, Labour and Welfare may order

him/her to suspend the whole or a part of the operations of the Specified

Worker Dispatching Undertaking concerned for a stated period of time.

(Prohibition of Name Lending)

Article 22 A business operator of a Specified Worker Dispatching Undertaking

shall not allow any other person to carry out a Specified Worker Dispatching

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Undertaking under his/her name.

Section 3 Auxiliary Provisions

(Business Reports, etc.)

Article 23 (1) A business operator of a general dispatching undertaking or of a

specified dispatching undertaking (hereinafter referred to as a "dispatching

business operator") shall prepare business reports for the undertaking and

settlements of accounts for each place of business where the Worker

Dispatching Undertaking is carried out and submit them to the Minister of

Health, Labour and Welfare, pursuant to the provisions of an Ordinance of the

Ministry of Health, Labour and Welfare.

(2) The business reports set forth in the preceding paragraph shall contain the

number of Dispatched Workers, the number of persons who have received the

Worker Dispatching services, the amount of the fee for Worker Dispatching,

and other matters pertaining to Worker Dispatching for each place of business

where the Worker Dispatching Undertaking is carried out, pursuant to the

provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

(3) Where any dispatching business operator intends to carry out Worker

Dispatching in which Dispatched Workers will be engaged in work at places of

business or other facilities located outside the enforcement area of this Act

(hereinafter referred to as "overseas dispatching"), he/she shall notify the

Minister of Health, Labour and Welfare to that effect, in advance, pursuant to

the provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

(Mutatis Mutandis Application of Article 20 of the Employment Security Act)

Article 24 The provisions of Article 20 of the Employment Security Act shall

apply mutatis mutandis to Worker Dispatching Undertakings. In this case, in

paragraph (1) of said Article, the term "The Public Employment Security

Offices" shall be deemed to be replaced with "The dispatching business

operator prescribed in paragraph (1) of Article 23 of the Act for Securing the

Proper Operation of Worker Dispatching Undertakings and Improved Working

Conditions for Dispatched Workers (hereinafter referred to as "the Worker

Dispatching Act") (hereinafter simply referred to as a "dispatching business

operator")" and the term "shall not introduce job seekers to a place of business"

shall be deemed to be replaced with "shall not carry out Worker Dispatching

prescribed in item (i) of Article 2 of the Worker Dispatching Act (hereinafter

simply referred to as "Worker Dispatching") (where Worker Dispatching is

actually carried out for the place of business at the time of said strike or lock-

out, excluding said Worker Dispatching and arrangements equivalent

thereto)"; in paragraph (2) of said Article, the term "unlimited introduction of

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job seekers" shall be deemed to be replaced with "unlimited Worker

Dispatching", the term "the Public Employment Security Office shall not

introduce job seekers to that place of business" shall be deemed to be replaced

with "the Public Employment Security Office shall notify the dispatching

business operator to that effect, and the dispatching business operator, having

received the notification, shall not carry out Worker Dispatching for the place

of business concerned (where Worker Dispatching is actually carried out for

the place of business at the time of the notification, excluding said Worker

Dispatching and arrangements equivalent thereto)", the term "workers

normally employed" shall be deemed to be replaced with "workers (including

workers having been engaged in work under Worker Dispatching

arrangements) normally employed", and the term "the introduction of workers"

shall be deemed to be replaced with "the provision of Worker Dispatching

services".

(Prohibition of Receiving Worker Dispatching Services from a Business

Operator Who Carries Out a Worker Dispatching Undertaking Other Than a

Dispatching Business Operator)

Article 24-2 Any person who receives Worker Dispatching services shall not

receive Worker Dispatching services from a business operator who carries out a

Worker Dispatching Undertaking other than a dispatching business operator.

(Handling of Personal Information)

Article 24-3 (1) With regard to collecting, retaining or using personal

information of workers with regard to Worker Dispatching, a dispatching

business operator must collect personal information of workers within the

extent necessary for the achievement of the purpose of that business (including

employment placement where Employment Placement Dispatching is carried

out; the same shall apply in the following Article) and retain and use such

information within the extent of the purpose of said collection. Provided,

however, that this does not apply where consent has been given by the worker

concerned or where there are other justifiable reasons.

(2) A dispatching business operator shall take measures necessary for the proper

management of personal information of workers.

(Obligation of Confidentiality)

Article 24-4 A dispatching business operator, as well as his/her agent, employee

or other worker, shall not disclose to another person a secret learned with

regard to a matter he/she handled in the course of business, unless there are

justifiable grounds. The same shall apply to any person who ceased to be a

dispatching business operator or his/her agent, employee or other worker.

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(Special Consideration to Be Given in Application of the Act)

Article 25 In applying the provisions of this Act pertaining to Worker

Dispatching Undertakings, the Minister of Health, Labour and Welfare shall

take into consideration employment practices which are considered to

contribute to the effective realization of the capacities of workers and the

stability of their employment throughout their working lives, and, at the same

time, shall give consideration so that the adjustment of labor demand and

supply by means of Worker Dispatching Undertakings may be in harmony with

the adjustment of labor demand and supply under the other systems specified

in the Employment Security Act.

Chapter III Measures for Securing Improved Working Conditions for

Dispatched Workers

Section 1 Worker Dispatch Contract

(Contents of Contract, etc.)

Article 26 (1) The parties to a worker dispatch contract (meaning a contract by

which one party to the contract agrees to carry out Worker Dispatching on

behalf of the other; the same shall apply hereinafter) shall stipulate the

following matters, as well as the number of workers to be dispatched, in

accordance with the varying contents of the stipulated matters, upon

conclusion of the contract concerned, pursuant to the provisions of an

Ordinance of the Minister of Health, Labour and Welfare:

(i) the contents of the work in which the Dispatched Workers are to be

engaged;

(ii) the name and location of the place of business where the Dispatched

Workers are to be engaged in work under Worker Dispatching arrangements

and other places where the Dispatched Workers are to be engaged in work

under Worker Dispatching arrangements (hereinafter referred to as

"dispatch work");

(iii) matters relating to the person who directly instructs the Dispatched

Workers, in the course of their work, on behalf of the person receiving

Worker Dispatching services;

(iv) the period of Worker Dispatching and the days on which the dispatch work

is to be performed;

(v) the hours of starting and ending the dispatch work and the time of rest

breaks in such work;

(vi) matters relating to the safety and health;

(vii) matters relating to the handling of the complaints which have been

submitted by the Dispatched Workers;

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(viii) matters relating to measures necessary for ensuring the employment

security of the Dispatched Workers to be taken at the time of termination of

a worker dispatch contract;

(ix) where the worker dispatch contract is for Employment Placement

Dispatching, matters relating to said Employment Placement Dispatching;

(x) In addition to what is listed in each of the preceding items, matters

specified by an Ordinance of the Ministry of Health, Labour and Welfare.

(2) No dispatching business operator shall, with regard to the period of Worker

Dispatching listed in item (iv) of the preceding paragraph (excluding the period

of Worker Dispatching pertaining to work listed in items (iii) and (iv) of

paragraph (1) of Article 40-2), stipulate a period exceeding the period that the

Minister of Health, Labour and Welfare specifies in accordance with the kind of

work and taking into consideration the situation of the labor demand and

supply concerned and the state of progress of the work concerned, etc., where

the Minister considers it necessary for the proper adjustment of the labor

demand and supply concerned.

(3) In addition to what is prescribed in the preceding two paragraphs, a

dispatching business operator shall, when concluding a worker dispatch

contract for overseas dispatching, stipulate that the person receiving such

overseas dispatching services shall take the following measures, pursuant to

the provisions of an Ordinance of the Ministry of Health, Labour and Welfare:

(i) appointment of a responsible person acting for the client, as referred to in

Article 41;

(ii) preparation of the client's record of management, as referred to in

paragraph (1) of Article 42; entry in said record of the matters listed in each

item of the same paragraph; and notification, in conformity with the

conditions specified by an Ordinance of the Ministry of Health, Labour and

Welfare, as referred to in paragraph (3) of the same Article;

(iii) any other measures specified by an Ordinance of the Ministry of Health,

Labour and Welfare which are necessary for the proper performance of the

dispatch work concerned.

(4) In concluding a worker dispatch contract under the provisions of paragraph

(1), a dispatching business operator shall clearly indicate to the other party to

the contract, in advance, that he/she has obtained the license referred to in

paragraph (1) of Article 5, or has submitted a written notice pursuant to the

provisions of paragraph (1) of Article 16.

(5) A person who intends to receive Worker Dispatching services from a

dispatching business operator, with regard to work other than the work listed

in each item of paragraph (1) of Article 40-2, based on a new worker dispatch

contract, shall, in concluding the worker dispatch contract concerned pursuant

to the provisions of paragraph (1), notify the dispatching business operator

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concerned, in advance, of the first day on which receiving Worker Dispatching

services will be in conflict with the provisions of paragraph (1) of the same

Article with regard to the work concerned since the day on which provision of

the Worker Dispatching services concerned commences.

(6) When a dispatching business operator does not receive a notice under the

provisions of the preceding paragraph from the person who intends to receive

Worker Dispatching services with regard to work other than the work listed in

each item of paragraph (1) of Article 40-2 based on a new worker dispatch

contract, he/she shall not conclude a worker dispatch contract with regard to

the work concerned with the person concerned.

(7) A person who intends to receive Worker Dispatching services (excluding

Employment Placement Dispatching services) shall, in concluding a worker

dispatch contract, endeavor not to commit any act intended to specify the

workers to be dispatched under the Worker Dispatching arrangements based

on the worker dispatch contract concerned.

(Cancellation of a Contract, etc.)

Article 27 No person receiving Worker Dispatching services shall cancel a

worker dispatch contract on the grounds of a Dispatched Worker's nationality,

creed, sex or social status or his/her having engaged in proper labor union

activities, etc.

Article 28 A business operator carrying out a Worker Dispatching Undertaking

may, where a person receiving the Worker Dispatching services has violated,

with regard to said dispatch work, the provisions of this Act or of Acts applied

under the provisions of Section 4 (including the provisions of orders based on

these provisions; the same shall apply in Article 31), suspend the Worker

Dispatching services or cancel the worker dispatch contract concerned.

Article 29 The cancellation of a worker dispatch contract shall have only

prospective effect.

Section 2 Measures to Be Taken by Dispatching Business Operators, etc.

(Promotion of the Welfare of Dispatched Workers, etc.)

Article 30 A dispatching business operator shall endeavor to promote the welfare

of Dispatched Workers he/she employs or workers he/she intends to employ as

Dispatched Workers, by taking necessary measures to secure employment

opportunities and education and training opportunities meeting each worker's

wishes and abilities, to improve their working conditions and otherwise to

stabilize their employment.

14

(Securing Proper Dispatch Work)

Article 31 A dispatching business operator shall give such due consideration as

taking necessary measures to ensure that a person receiving worker dispatch

services performed by Dispatched Workers he/she employs (hereinafter

referred to as a "client" except in Section 4), when making the Dispatched

Workers work under the client's instruction, does not violate the provisions of

this Act or Acts applied under the provisions of Section 4 with regard to the

dispatch work concerned and otherwise to ensure that the dispatch work

concerned is properly performed.

(Clear Indication to Workers about Being Employed as Dispatched Workers,

etc.)

Article 32 (1) A dispatching business operator shall, when employing a worker

as a Dispatched Worker, clearly indicate to the worker concerned to that effect,

in advance (where he/she intends to employ the worker as a Dispatched Worker

for Employment Placement Dispatching, including that fact).

(2) A dispatching business operator shall, when newly transferring an employee

who he/she originally employed as a Dispatched Worker to be the subject of a

Worker Dispatching arrangement, shall clearly indicate to the worker

concerned to that effect, in advance (where he/she intends to newly transfer the

worker to be the subject of Employment Placement Dispatching, including that

fact) and obtain the worker's consent.

(Prohibition of Restrictions on Employment of Dispatched Workers)

Article 33 (1) A dispatching business operator shall not conclude, with a

Dispatched Worker he/she employs or a worker he/she intends to employ as a

Dispatched Worker, any contract which prohibits the worker, without any

justifiable reason, from being employed, after the termination of the

employment relationship with him/her, by the client to whom the worker is

dispatched (including a person who was the client; the same shall apply in the

following paragraph) or to whom the worker will be dispatched.

(2) A dispatching business operator shall not conclude, with a client to whom a

Dispatched Worker he/she employs is or will be dispatched, any contract which

prohibits the client, without justifiable reason, from employing the Dispatched

Worker concerned after the termination of the worker's employment

relationship with him/her.

(Clear Indication of Working Conditions, etc.)

Article 34 (1) Where a dispatching business operator intends to carry out Worker

Dispatching, he/she must clearly indicate to the Dispatched Workers under

15

said Worker Dispatching arrangement, in advance, following matters, pursuant

to the provisions of an Ordinance of the Ministry of Health, Labour and

Welfare:

(i) his/her intention to carry out said Worker Dispatching;

(ii) the matters pertaining to said Dispatched Workers listed in each item of

paragraph (1) of Article 26 and other matters specified by an Ordinance of

the Ministry of Health, Labour and Welfare;

(iii) where carrying out Worker Dispatching for work other than the work

listed in each item of paragraph (1) of Article 40-2, the first day on which the

client will be in conflict with the provisions of those items with regard to the

work in which said Dispatched Worker will be engaged.

(2) When a dispatching business operator has received a notification pursuant to

the provisions of paragraph (5) of Article 40-2 from a client, he/she shall,

without delay, clearly indicate to the Dispatched Workers engaged in the work

pertaining to said notification the first day on which the client will be in

conflict with the provisions of paragraph (1) of the same Article with regard to

said work, pursuant to the provisions of an Ordinance of the Ministry of Health,

Labour and Welfare.

(Notification to Client)

Article 35 When a dispatching business operator carries out Worker Dispatching,

he/she shall notify the following matters to the client, pursuant to the

provisions of an Ordinance of the Ministry of Health, Labour and Welfare:

(i) the names of the workers to be dispatched under the Worker Dispatching

arrangement concerned;

(ii) with regard to the workers to be dispatched under the Worker Dispatching

arrangement concerned, matters specified by an Ordinance of the Ministry of

Health, Labour and Welfare regarding whether there exists a confirmation of

the acquisition of the qualification as an insured person under the provisions

of paragraph (1) of Article 39 of the Health Insurance Act, a confirmation of

the acquisition of the qualification as an insured person under the provisions

of paragraph (1) of Article 18 of the Welfare Pension Insurance Act and a

confirmation of the fact of having become an insured person under the

provisions of paragraph (1) of Article 9 of the Employment Insurance Act;

(iii) other matters specified by an Ordinance of the Ministry of Health, Labour

and Welfare.

(Period of Worker Dispatching)

Article 35-2 (1) A dispatching business operator shall not, if a client receiving

Worker Dispatching services from him/her comes into conflict with the

provisions of paragraph (1) of Article 40-2, continue to carry out Worker

16

Dispatching from the first day the conflict arises.

(2) A dispatching business operator must, within the period from the day one

month before the first day the conflict arises as referred to in the preceding

paragraph until the day before said first day the conflict arises, notify said

client and the Dispatched Workers under said Worker Dispatching

arrangement that he/she will not continue to carry out Worker Dispatching

from the first day the conflict arises, in the manner specified by an Ordinance

of the Ministry of Health, Labour and Welfare.

(Responsible Person Acting for Dispatching Undertaking)

Article 36 A dispatching business operator shall, in order to carry out the

following matters with regard to dispatch work, appoint a responsible person

acting for the dispatching undertaking from among persons (excluding minors)

who do not fall under items (i) to (iv) inclusive of Article 6, pursuant to the

provisions of an Ordinance of the Ministry of Health, Labour and Welfare:

(i) matters relating to those prescribed in Articles 32, 34, 35, paragraph (2) of

the preceding Article and the following Article;

(ii) giving necessary advice and guidance to the Dispatched Workers concerned;

(iii) matters relating to the handling of the complaints submitted by the

Dispatched Workers concerned;

(iv) matters relating to the management of personal information of the

Dispatched Workers concerned;

(v) carrying out liaison and coordination with the person who oversees the

administration of affairs relating to the safety and health of the workers at

the place of business concerned and the client on matters relating to safety

and health of the Dispatched Workers concerned;

(vi) in addition to what is listed in the preceding item, matters relating to

liaison and coordination with the client concerned.

(Management Record of Dispatching Undertaking)

Article 37 (1) A dispatching business operator shall prepare a management

record with regard to dispatch work, and enter in the record concerned the

following matters with regard to each Dispatched Worker, pursuant to the

provisions of an Ordinance of the Ministry of Health, Labour and Welfare:

(i) the name or title of the client;

(ii) the location of the place of business and any other place where the dispatch

work is to be carried out;

(iii) the period of Worker Dispatching and the days on which the dispatch work

is to be performed;

(iv) the hours of starting and ending work;

(v) the kind of work to be engaged in;

17

(vi) matters relating to the handling of the complaints submitted by Dispatched

Workers;

(vii) with regard to Dispatched Workers pertaining to Employment Placement

Dispatching, matters relating to said Employment Placement Dispatching;

(viii) other matters specified by an Ordinance of the Ministry of Health, Labour

and Welfare.

(2) A dispatching business operator shall retain the management record set forth

in the preceding paragraph for three years.

(Application, Mutatis Mutandis)

Article 38 The provisions of Article 33 and paragraph (1) (excluding item (iii)) of

Article 34 shall apply mutatis mutandis to a business operator, other than a

dispatching business operator, who carries out Worker Dispatching. In this

case, the term "client" in Article 33 shall be deemed to be replaced with "person

receiving Worker Dispatching services".

Section 3 Measures to Be Taken by Clients, etc.

(Measures Concerning Worker Dispatch Contracts)

Article 39 A client shall take appropriate measures so that there will not be a

violation of the stipulations of the worker dispatch contract concerning the

matters listed in each item of paragraph (1) of Article 26 and other matters

specified by an Ordinance of the Ministry of Health, Labour and Welfare.

(Securing Proper Dispatch Work, etc.)

Article 40 (1) When a client receives any complaint from a Dispatched Worker

working under his/her instruction with regard to the dispatch work, he/she

shall notify the dispatching business operator concerned of the contents of the

complaint and shall endeavor, in good faith and without delay, to handle the

complaint appropriately and promptly in close cooperation with the dispatching

business operator concerned.

(2) In addition to what is prescribed in the preceding paragraph, the client shall,

with regard to Dispatched Workers who are caused to work under his/her

instruction, endeavor to take measures necessary for the proper and smooth

performance of the dispatch work concerned, such as maintenance of the proper

work environment and provision of convenient use of facilities such as the

infirmary, food service facilities, etc., which are in fact usually used by the

regular employees of the client concerned.

(Period of Receiving Worker Dispatching Services)

Article 40-2 (1) A client shall not receive Worker Dispatching services from a

18

dispatching business operator continuously for a period exceeding the period

for which dispatching is possible for the same work at each of the client's

places of business or any other places at which the dispatch work is to be

performed (excluding the following types of work; the same shall apply in

paragraph (3)):

(i) work falling under (a) or (b) below which is specified by a Cabinet Order as

work with regard to which the worker dispatch does not damage an

employment practice that is considered to be conducive to the effective

exhibition of the ability of the workers during the entire period of their

employment careers and to the security of their employment;

(a) work which requires expert knowledge, technical skill or experience in

order to perform it promptly and accurately;

(b) work which is considered to require special employment management

with regard to the workers engaging in it because of the peculiarity of its

work form, employment form, etc.;

(ii) in addition to what is listed in the preceding item, work falling under (a) or

(b) below:

(a) work intended for the commencement, conversion, expansion, reduction or

discontinuation of an undertaking that is scheduled to be completed within

a certain period of time;

(b) work where the number of days on which that work is performed in a

period of one month is considerably less than the normal prescribed

number of working days per month for workers employed by the client

pertaining to said dispatch work and is less than the number of days

specified by the Minister of Health, Labour and Welfare;

(iii) work of a worker employed by the client concerned in the case where said

worker takes leave under the provisions of paragraphs (1) and (2) of Article

65 of the Labor Standards Act (Act No. 49 of 1947), or takes child-care leave

prescribed in item (i) of Article 2 of the Act on the Welfare of Workers Who

Take Care of Children or Other Family Members Including Child Care and

Family Care Leave (Act No. 76 of 1991), as well as any other work of said

worker in a case specified by an Ordinance of the Ministry of Health, Labour

and Welfare as equivalent to the preceding case;

(iv) work of a worker employed by the client concerned in the case where said

worker takes family care leave prescribed in item (ii) of Article 2 of the Act

on the Welfare of Workers Who Take Care of Children or Other Family

Members Including Child Care and Family Care Leave and, as well as leave

specified by an Ordinance of the Ministry of Health, Labour and Welfare as

equivalent to the preceding leave.

(2) The periods for which dispatching is possible set forth in the preceding

paragraph shall be the periods prescribed respectively in the following items in

19

accordance with the categories for the cases listed in said items:

(i) where the period for which the provision of Worker Dispatching services can

be received is stipulated pursuant to the provisions of the following

paragraph: the stipulated period;

(ii) in cases other than the case listed in the preceding item: one year.

(3) A client shall, when intending to receive the provision of Worker Dispatching

services from a dispatching business operator continuously for a period

exceeding one year and less than three years, with regard to the same work at

each of the client's places of business or any other places at which the dispatch

work is to be performed, stipulate the period for which he/she intends to

receive the provision of said Worker Dispatching services, in advance, pursuant

to the provisions of an Ordinance of the Ministry of Health, Labour and

Welfare.

(4) A client shall, when stipulating or intending to change the period set forth in

the preceding paragraph, notify said period, in advance, where the client's

place of business has a labor union comprising a majority of the workers, to

said labor union, and where the client's place of business has no labor union

comprising a majority of the workers, to a person who represents the majority

of the workers and listens to the workers' opinions.

(5) A client shall, when having stipulated the period referred to in paragraph (3)

or changed it with regard to work pertaining to Worker Dispatching based on a

worker dispatch contract after the conclusion of said worker dispatch contract,

promptly notify the dispatching business operator carrying out the Worker

Dispatching concerned of the first day the work concerned will come into

conflict with the provisions of paragraph (1).

(6) In making a proposal for enactment or amendment of a Cabinet Order set

forth in item (i) of paragraph (1) or when intending to enact or amend an

Ordinance of the Ministry of Health, Labour and Welfare set forth in item (iii)

or (iv) of the same paragraph, the Minister of Health, Labour and Welfare shall

obtain the opinion of the Labor Policy Council.

(Employment of Dispatched Workers)

Article 40-3 A client, when having received Worker Dispatching services from

the dispatching business operator concerned continuously for a period

exceeding one year and within the period for which dispatching is possible set

forth in paragraph (1) of the preceding Article with regard to the same work

(excluding the work listed in each item of paragraph (1) of the preceding

Article) at each of the client's places of business or any other places at which

the dispatch work is performed, and who intends to employ a worker on and

after the day on which the period for receiving the provision of said worker

dispatch services (hereinafter referred to as a "dispatch implementation

20

period" in this Article) expires for the purpose of continuing to have a worker

engage in the same work concerned, shall endeavor to employ without delay

the Dispatched Worker who has engaged in the same work concerned

continuously for the dispatch implementation period and who conforms to each

of the following items:

(i) the person has notified the client concerned that he/she wishes to be

employed by the client concerned and engage in the same work concerned by

the day on which the dispatch implementation period expired;

(ii) the employment relationship with the dispatching business operator

concerned was terminated within seven days of the expiration of the dispatch

implementation period.

Article 40-4 A client shall, when having received a notification under the

provisions of paragraph (2) of Article 35-2 and when intending to employ the

Dispatched Worker, for whom he/she has received the notification under the

provisions of paragraph (2) of Article 35-2, continuously on and after the first

day on which receipt of the provision of said Worker Dispatching services will

be in conflict with the provisions of paragraph (1) of Article 40-2, offer an

employment contract to the Dispatched Worker concerned who wishes to be

employed by him/her by the day before the first day on which said conflict will

arise.

Article 40-5 A client shall, with regard to the same work at each of the client's

places of business and any other places at which dispatch work is performed

(limited to work listed in each item of paragraph (1) of Article 40-2), when

having received the provision of Worker Dispatching services pertaining to the

same Dispatched Worker from the dispatching business operator concerned

continuously for a period exceeding three years and when intending to employ

the worker on and after the day on which said three years expire for the

purpose of continuing to have the worker engage in the same work concerned,

offer an employment contract to said same Dispatched Worker.

(Responsible Person Acting for Client)

Article 41 A client shall appoint a responsible person acting for the client so as

to have the person carry out the following matters with regard to dispatch

work, pursuant to the provisions of an Ordinance of the Ministry of Health,

Labour and Welfare:

(i) making the contents of the following matters known to persons empowered

to instruct the performance of the work of the Dispatched Workers and to

other persons concerned:

(a) the provisions of this Act and the Acts applied under the provisions of the

21

following Section (including the provisions of orders based on these

provisions);

(b) the stipulations of the worker dispatch contract prescribed in Article 39,

pertaining to the Dispatched Workers concerned;

(c) the notification under the provisions of Article 35, pertaining to the

Dispatched Workers concerned;

(ii) matters relating to those prescribed in paragraph (5) of Article 40-2 and the

following Article;

(iii) matters relating to the handling of the complaints submitted by the

Dispatched Workers concerned;

(iv) carrying out liaison and coordination with the person who oversees the

administration of affairs relating to the safety and health of the workers at

the place of business concerned and the dispatching business operator

concerned on matters relating to the safety and hygiene of the Dispatched

Workers concerned;

(v) in addition to what is listed in the preceding item, matters relating to

liaison and coordination with the dispatching business operator.

(Management Record of Client)

Article 42 (1) A client shall prepare a management record with regard to

dispatch work, and enter in the record the following matters with regard to

each Dispatched Worker, pursuant to the provisions of an Ordinance of the

Ministry of Health, Labour and Welfare:

(i) the name or title of the dispatching business operator;

(ii) the days on which the dispatch work was performed;

(iii) the hours of starting and ending work and the time of rest breaks in such

work, for each day on which the dispatch work was performed;

(iv) the kind of work in which the Dispatched Worker was engaged;

(v) matters pertaining to the handling of the complaints submitted by the

Dispatched Workers;

(vi) with regard to Dispatched Workers for Employment Placement Dispatching,

matters relating to said Employment Placement Dispatching;

(vii) other matters specified by an Ordinance of the Ministry of Health, Labour

and Welfare.

(2) A client shall retain the management record set forth in the preceding

paragraph for three years.

(3) A client shall, as prescribed by Ministry of Health, Labor and Welfare

Ordinance, notify a dispatching business operator of the matters listed in each

item (excluding item (i)) of paragraph (1).

(Application, Mutatis Mutandis)

22

Article 43 The provisions of Article 39 shall apply mutatis mutandis to persons

receiving Worker Dispatching services other than clients.

Section 4 Special Application of the Labor Standards Act and Related

Acts

(Special Application of the Labor Standards Act)

Article 44 (1) With regard to dispatch work performed by a worker prescribed in

Article 9 of the Labor Standards Act (excluding a person who is engaged in an

undertaking where only relatives living together are engaged or a domestic

servant), who is employed by a business operator of an undertaking prescribed

in said Article (hereinafter referred to simply as an "undertaking" in this

Section) (hereinafter such business operator shall be referred to simply as a

"business operator" in this Article) and dispatched to said undertaking for the

dispatch work for another business operator, and who is not employed by the

other business operator concerned (hereinafter such business operator shall be

referred to as a "client business operator" in this Article) (hereinafter such

worker shall be referred to as a "worker under dispatching" in this Section),

the provisions of Articles 3, 5 and 69 of the same Act (including penal

provisions pertaining to these provisions) shall apply to the undertaking to

which the worker under dispatching concerned is dispatched (hereinafter

referred to as a "client undertaking" in this Section), by deeming it to also be

an undertaking employing a worker under dispatching.

(2) With regard to dispatch work performed by a worker under dispatching, the

provisions of Article 7, Article 32, paragraph (1) of Article 32-2, Article 32-3,

paragraphs (1) to (3) inclusive of Article 32-4, Articles 33 to 35 inclusive,

paragraph (1) of Article 36, Article 40, Article 41, Articles 60 to 63 inclusive,

Article 64-2, Article 64-3 and Articles 66 to 68 inclusive of the Labor Standards

Act and the provisions of orders based on said provisions (including penal

provisions pertaining to these provisions) shall apply only to the client

undertaking, by deeming it to be an undertaking employing a worker under

dispatching. In this case, the term "at the workplace" in paragraph (1) of

Article 32-2 of the same Act shall be deemed to be replaced with "at the

workplace of a business of the dispatching undertaking (which means the

dispatching undertaking prescribed in the same paragraph; the same shall

apply hereinafter), where an employer of the dispatching undertaking

prescribed in paragraph (3) of Article 44 of the Act for Securing the Proper

Operation of Worker Dispatching Undertakings and Improved Working

Conditions for Dispatched Workers (hereinafter referred to as "the Worker

Dispatching Act") (hereinafter such employer shall be simply referred to as a

"dispatching employer")"; the term "pursuant to rules of employment or the

23

equivalent thereof" in Article 32-3 of the same Act shall be deemed to be

replaced with "pursuant to rules of employment or the equivalent, a

dispatching employer"; the term "a worker for whom" in the same Article shall

be deemed to be replaced with "a worker who can be made to work for working

hours under the provisions of Article 26 of the Worker Dispatching Act, based

on the worker dispatch contract with regard to the worker concerned under

paragraph (1) of the same Article"; the term "at the workplace concerned" in

the same Article shall be deemed to be replaced with "at the workplace of a

business of the dispatching undertaking, where the dispatching employer"; the

term "at the workplace " in paragraphs (1) and (2) of Article 32-4 of the same

Act shall be deemed to be replaced with "at the workplace of a business of the

dispatching undertaking, where the dispatching employer"; the term "at the

workplace" in paragraph (1) of Article 36 of the same Act shall be deemed to be

replaced with" at the workplace of a business of the dispatching undertaking,

where the dispatching employer"; and the term "this to the relevant

government agency " in the same Article shall be deemed to be replaced with

"and this to the relevant government agency".

(3) The employer prescribed in Article 10 of the Labor Standards Act of an

undertaking carried out by a business operator carrying out Worker

Dispatching (hereinafter such undertaking shall be referred to as a

"dispatching undertaking" in this Section) (hereinafter such employer shall be

referred to as a "dispatching employer" in this Article) shall not carry out the

Worker Dispatching concerned, where Worker Dispatching is carried out, and

when, if a person deemed to be the employer prescribed in the same Article of

an undertaking carried out by a business operator receiving Worker

Dispatching services under the provisions of the preceding paragraph is to

cause a Dispatched Worker under the Worker Dispatching arrangement

concerned to work in accordance with the conditions of dispatch work

stipulated in the worker dispatch contract for the Worker Dispatching

concerned, this would result in conflict with the provisions of Article 32, Article

34, Article 35, the proviso to paragraph (1) of Article 36, Article 40, Articles 61

to 63 inclusive, Article 64-2 or Article 64-3 of the same Act, or the provisions of

orders based on these provisions (referred to as "the provisions of the laws and

regulations concerning labor standards" in the following paragraph), as applied

under the provisions of the preceding paragraph.

(4) When a dispatching employer has violated the provisions of the preceding

paragraph (limited to a case where, with regard to a worker under dispatching

under the Worker Dispatching arrangements concerned, the person deemed to

be the employer prescribed in Article 10 of the Labor Standards Act, of the

client undertaking concerned under the provisions of paragraph (2) has come to

be in conflict with the provisions of the laws and regulations concerning the

24

labor standards concerned), the dispatching employer shall be deemed to have

violated the provisions of the laws and regulations concerning the labor

standards concerned and the provisions of Articles 118, 119 and 121 of the

Labor Standards Act shall apply to said dispatching employer.

(5) With regard to the special application of the Labor Standards Act under the

provisions of each of the preceding paragraphs, the following provisions

(including penal provisions relating to these provisions) shall be applied by

replacing the following terms in the respective manners set forth below: the

term "the workplace concerned" in paragraph (2) of Article 38-2 of said Act

shall be deemed to be replaced with "the place of the business concerned (for

the dispatch work prescribed in paragraph (1) of Article 26 of the Act for

Securing Proper Operation of Worker Dispatching Undertakings and Improved

Working Conditions for Dispatched Workers (hereinafter referred to as "the

Worker Dispatching Act"), the place of business of the dispatching undertaking

prescribed in paragraph (3) of Article 44 of the Worker Dispatching Act)"; the

term "in the event that the employer has assigned a worker" in paragraph (1)

of Article 38-3 shall be deemed to be replaced with "in the event that the

employer has assigned a worker (including cases where the client employer

(which means the person deemed to be the employer prescribed in Article 10 of

the Worker Dispatching Act of the client undertaking prescribed in paragraph

(1) under the provisions of paragraph (1) or (2) of Article 44 of the same Act;

the same shall apply hereinafter) has assigned a worker)"; the term "this Act"

in paragraphs (1), (3) and (4) of Article 99, paragraphs (1) and (3) of Article 100

and Article 104-2 shall be deemed to be replaced with "this Act and the

provisions of Article 44 of the Worker Dispatching Act"; the term "employer" in

paragraph (1) of Article 101, paragraph (2) of Article 104, Article 104-2, Article

105-2, paragraph (1) of Article 106 and Article 109 shall be deemed to be

replaced with "employer (including client employers)"; the term "a violation of

this Act" in Article 102 shall be deemed to be replaced with "a violation

(including a crime under Articles 118, 119 and 121 pursuant to the provisions

of paragraph (4) of Article 44 of the Worker Dispatching Act) of this Act

(including cases where this Act is applied under the provisions of the same

Article)"; the term "this Act or an order issued pursuant to this Act" in

paragraph (1) of Article 104 shall be deemed to be replaced with "this Act or

the provisions of orders issued pursuant to this Act (including cases where this

Act or the provisions of such orders are applied under the provisions of Article

44 of the Worker Dispatching Act) or the provisions of paragraph (3) of the

same Article"; the term "this Act" in paragraph (1) of Article 106 shall be

deemed to be replaced with "this Act (including the provisions of Article 44 of

the Worker Dispatching Act; hereinafter the same shall apply in this

paragraph)"; the term "the agreements stipulated in paragraphs (1) and (5) of

25

Article 38-4" in paragraph (1) of Article 106 shall be deemed to be replaced

with "the agreements stipulated in paragraphs (1) and (5) of Article 38-4 (for

the client employer, the substance of this Act and orders issued under this

Act)"; and the term "this Act and orders issued under this Act" in Article 112

shall be deemed to be replaced with "this Act and the provisions of orders

issued under this Act (including cases where this Act and the provisions of

such orders are applied under the provisions of Article 44 of the Worker

Dispatching Act) and the provisions of paragraph (3) of the same Article".

(6) Technical replacements and other necessary matters, in cases where the

provisions of the Labor Standards Act and the provisions of orders issued based

on this Act are applied under the provisions of this Article, shall be specified

by an order.

(Special Application of the Industrial Safety and Health Act)

Article 45 (1) With regard to a client undertaking to which workers are

dispatched for dispatch work in said undertaking, the provisions of paragraph

(1) of Article 3, Article 4, Article 10, Articles 12 to 13 inclusive (excluding

paragraph (2)), Article 13-2, Article 18, Article 19-2, paragraph (2) of Article 59,

Article 60-2, Article 62, paragraph (1) of Article 66-5, Article 69 and Article 70

of the Industrial Safety and Health Act (Act No. 57 of 1972) (including penal

provisions pertaining to these provisions) shall apply, by deeming the person

carrying out said client undertaking to also be a business operator employing

the workers under dispatching (which means a business operator prescribed in

item (iii) of Article 2 of the same Act; hereinafter the same shall apply in this

Article), and by deeming the workers under dispatching concerned to be

workers also employed by the person carrying out the client undertaking

concerned. In this case, in paragraph (1) of Article 10 of the same Act, the term

"paragraph (2) of Article 25-2" shall be deemed to be replaced with "paragraph

(2) of Article 25-2 (including cases where the provisions of said paragraph are

applied under the provisions of paragraph (3) of Article 45 of the Act for

Securing Proper Operation of Worker Dispatching Undertakings and Improved

Working Conditions for Dispatched Workers (hereinafter referred to as "the

Worker Dispatching Act")), and the term "the following matters" shall be

deemed to be replaced with "the following matters (with regard to a worker

under dispatching prescribed in paragraph (1) of Article 44 of the Worker

Dispatching Act (hereinafter referred to simply as a "worker under

dispatching"), the matters referred to in item (ii) (excluding those pertaining to

special education on safety and/or health prescribed in paragraph (3) of Article

59), the matters referred to in item (iii) (limited to those matters pertaining to

medical examinations under the provisions of paragraph (1) of Article 66

(including medical examinations under the provisions of the second sentence of

26

paragraph (2) of the same Article which are specified by an Ordinance of the

Ministry of Health, Labour and Welfare), medical examinations pertaining to

said medical examinations, under the provisions of paragraph (4) of the same

Article, and medical examinations pertaining to those medical examinations

under the provisions of the proviso to paragraph (5) of the same Article) and

the matters referred to in item (v) (limited to those matters specified by an

Ordinance of the Ministry of Health, Labour and Welfare ) shall be excluded;

such matters shall be referred to as "safety and health management at the

client's place of business" in paragraph (1) of Article 12 and Article 12-2)"; in

paragraph (1) of Article 12 and in Article 12-2, the term "the matters listed in

each item of paragraph (1) of Article 10" shall be deemed to be replaced with

"safety and health management at the client's place of business," the term

"paragraph (2) of Article 25-2" shall be deemed to be replaced with "paragraph

(2) of Article 25-2 (including cases where the provisions of said paragraph are

applied under the provisions of paragraph (3) of Article 45 of the Worker

Dispatching Act)" and the term "in each item of paragraph (1) of said Article"

shall be deemed to be replaced with "in each item of paragraph (1) of Article

25-2"; in paragraph (1) of Article 13, the term "health care for workers and

(carry out) other matters provided for by the Ordinance of the Ministry of

Health, Labour and Welfare (hereinafter" shall be deemed to be replaced with

"health care for workers and (carry out) other matters specified by an

Ordinance of the Ministry of Health, Labour and Welfare (with regard to

workers under dispatching, matters specified by an Ordinance of the Ministry

of Health, Labour and Welfare shall be excluded from the matters concerned;

in paragraph (3) and in the following Article"; and in paragraph (1) of Article

18, the term "the following matters" shall be deemed to be replaced with "the

following matters (with regard to workers under dispatching, matters specified

by an Ordinance of the Ministry of Health, Labour and Welfare shall be

excluded from the matters concerned)".

(2) With regard to the application of the provisions of paragraph (1) of Article 10,

paragraph (1) of Article 12, Article 12-2, paragraph (1) of Article 13 and

paragraph (1) of Article 18 of the Industrial Safety and Health Act concerning

a dispatching undertaking in which workers employed in said undertaking are

dispatched for dispatch work in a client undertaking, the term "the following

matters" in paragraph (1) of Article 10 of said Act shall be deemed to be

replaced with "the following matters (with regard to workers under dispatching

prescribed in paragraph (1) of Article 44 of the Act for Securing Proper

Operation of Worker Dispatching Undertakings and Improved Working

Conditions for Dispatched Workers (hereinafter referred to as "the Worker

Dispatching Act") (hereinafter such workers shall be referred to simply as

"workers under dispatching"), excluding matters in which a person carrying

27

out a client undertaking prescribed in paragraph (1) of Article 44 of the Worker

Dispatching Act has the general safety and health manager he/she has

appointed exercise overall control under the provisions of this paragraph as

applied by replacing the terms under the provisions of paragraph (1) of Article

45 of the Worker Dispatching Act; such matters shall be referred to as "safety

and health management at the client's place of business" in paragraph (1) of

Article 12 and in Article 12-2)"; the term "the matters listed in each item of

paragraph (1) of Article 10" in paragraph (1) of Article 12 and in Article 12-2

shall be deemed to be replaced with " safety and health management at the

client's place of business"; the term "health care for workers and (carry out)

other matters provided for by an Ordinance of the Ministry of Health, Labour

and Welfare (hereinafter" in paragraph (1) of Article 13 shall be deemed to be

replaced with "health care for workers and (carry out) other matters specified

by an Ordinance of the Ministry of Health, Labour and Welfare (with regard to

workers under dispatching, limited to matters specified by an Ordinance of the

Ministry of Health, Labour and Welfare among the matters concerned; in

paragraph (3) and in the following Article"; and the term "the following

matters" in paragraph (1) of Article 18 shall be deemed to be replaced with "the

following matters (with regard to workers under dispatching, limited to those

matters specified by an Ordinance of the Ministry of Health, Labour and

Welfare among the matters concerned)".

(3) With regard to a client undertaking to which workers are dispatched for

dispatch work in said undertaking, the provisions of Article 11, Articles 14 to

15-3 inclusive, Article 17, Articles 20 to 27 inclusive, Articles 28-2 to 30-3

inclusive, Article 31-3, Article 36 (limited to those parts pertaining to the

provisions of paragraphs (1) and (4) of Article 30, paragraphs (1) and (4) of

Article 30-2, and paragraphs (1) and (4) of Article 30-3), Article 45 (excluding

paragraph (2)), Articles 57-3 to 57-5 inclusive, paragraph (3) of Article 59,

Article 60, paragraph (1) of Article 61, Articles 65 to 65-4 inclusive, the first

sentence and the second sentence of paragraph (2) of Article 66 (limited to

those parts pertaining to workers whom a person carrying out a client

undertaking has caused to be engaged in work specified by a Cabinet Order

referred to in the second sentence of the same paragraph (including workers

under dispatching); hereinafter the same shall apply in this Article),

paragraph (3) of Article 66, paragraph (4) of Article 66 (limited to those parts

pertaining to the provisions of the first sentence and the second sentence of

paragraph (2), and to paragraph (3) of the same Article; hereinafter the same

shall apply in this Article) and paragraph (5) of Article 66 (limited to those

parts pertaining to the provisions of the first sentence and the second sentence

of paragraph (2), and to paragraphs (3) and (4) of the same Article; hereinafter

the same shall apply in this Article), Article 66-3 (limited to those parts

28

pertaining to the provisions of the first sentence and the second sentence of

paragraph (2), and to paragraphs (3), (4) and (5) of the same Article;

hereinafter the same shall apply in this Article), Article 66-4, Article 68,

Article 71-2, Section 1 of Chapter 9, Articles 88 to 89-2 inclusive of the

Industrial Safety and Health Act and the provisions of orders based on the

provisions concerned (including penal provisions pertaining to these

provisions) shall apply, by deeming the person carrying out said client

undertaking to be a business operator employing the workers under

dispatching, and by deeming the workers under dispatching concerned to be

workers employed by the person carrying out the client undertaking concerned.

In this case, the term "the provisions of this Act or Order issued thereunder" in

paragraph (1) of Article 29 of said Act shall be deemed to be replaced with "the

provisions of this Act or orders issued based on this Act (including cases where

these provisions are applied under the provisions of Article 45 of the Act for

Securing Proper Operation of Worker Dispatching Undertakings and Improved

Working Conditions for Dispatched Workers (hereinafter referred to as "the

Worker Dispatching Act)"), or the provisions of paragraph (10) of the same

Article or orders based on the provisions of the same paragraph"; the term "the

provisions of this Act or Order issued thereunder" in paragraph (2) of the same

Article shall be deemed to be replaced with "the provisions of this Act or orders

issued based on this Act (including cases where these provisions are applied

under the provisions of Article 45 of the Worker Dispatching Act), or the

provisions of paragraph (10) of the same Article or orders based on the

provisions of the same paragraph"; the term "this Act and the provisions of

ordinances based thereon" in item (v) of paragraph (1) of Article 30 and in

paragraph (7) of Article 88 shall be deemed to be replaced with "the provisions

of this Act or orders based on this Act (including cases where these provisions

are applied under the provisions of Article 45 of the Worker Dispatching Act)";

and the term "paragraph (1) through (4) of Article 66, proviso in paragraph (5)

or Article 66-2" in Article 66-4 shall be deemed to be replaced with "the first

sentence or the second sentence of paragraph (2) of Article 66 (limited to those

parts pertaining to workers whom a person carrying out a client undertaking

has caused to be engaged in the work specified by a Cabinet Order referred to

in the second sentence of the same paragraph (including workers under

dispatching prescribed in paragraph (1) of Article 44 of the Worker Dispatching

Act); hereinafter the same shall apply in this Article), paragraph (3) of Article

66, paragraph (4) of Article 66 (limited to those parts pertaining to the

provisions of the first sentence and the second sentence of paragraph (2) and

paragraph (3) of Article 66; hereinafter the same shall apply in this Article) or

the proviso to paragraph (5) of Article 66 (limited to those parts pertaining to

the provisions of the first sentence and the second sentence of paragraph (2),

29

paragraph (3) and paragraph (4) of Article 66)".

(4) With regard to a person having been deemed, under the provisions of the

preceding paragraph, to be the business operator employing the workers under

dispatching, the provisions of paragraph (2) of Article 45 of the Industrial

Safety and Health Act shall be applied by replacing the term "the business

operator" in the same paragraph with "a person having been deemed to be the

business operator employing workers under dispatching prescribed in

paragraph (1) of Article 44 of the Act for Securing Proper Operation of Worker

Dispatching Undertakings and Improved Working Conditions for Dispatched

Workers, pursuant to the provisions of paragraph (3) of Article 45 of the same

Act".

(5) With regard to the application of the provisions of the first sentence of

paragraph (3) concerning a dispatching undertaking in which workers

employed in said undertaking are dispatched for dispatch work in a client

undertaking and of the provisions of paragraph (2) of Article 45 of the

Industrial Safety and Health Act, the business operator of the dispatching

undertaking concerned shall be deemed as not employing the worker under

dispatching concerned, and the worker under dispatching concerned shall be

deemed not to be employed by the business operator of the dispatching

undertaking concerned.

(6) A business operator of a dispatching undertaking shall not carry out the

Worker Dispatching, when carrying out a Worker Dispatching, if the person

deemed to be the business operator employing a worker dispatched for the

dispatch work concerned in said undertaking under the provisions of

paragraph (3), were to cause the Dispatched Worker under the Worker

Dispatching arrangement concerned to work in accordance with the conditions

of dispatch work stipulated in the worker dispatch contract for the worker

dispatch concerned, and this would result in conflict with the provisions of

paragraph (3) of Article 59, paragraph (1) of Article 61, Article 65-4 or Article

68 of the Industrial Safety and Health Act (referred to simply as "the

provisions of the Industrial Safety and Health Act" in the following paragraph).

(7) When a business operator of a dispatching undertaking has violated the

provisions of the preceding paragraph (limited to a case where, with regard to

a worker under dispatching under the Worker Dispatching arrangement

concerned, the person deemed to be the business operator employing said

worker under dispatching under the provisions of paragraph (3) has come to be

in conflict with the provisions of the Industrial Safety and Health Act), the

business operator of the dispatching undertaking concerned shall be deemed to

have violated the provisions of the Industrial Safety and Health Act and the

provisions of Articles 119 and 122 of the same Act shall apply.

(8) With regard to a client undertaking to which workers are dispatched for

30

dispatch work in said undertaking, in addition to what is prescribed in

paragraphs (1), (3) and (4), the following provisions shall be applied to the

client undertaking by replacing the following terms in the respective manners

set forth below: in paragraph (1) of Article 5 of the Industrial Safety and

Health Act, the term "business operators" shall be deemed to be replaced with

"business operators (including a person carrying out a client undertaking

prescribed in paragraph (1) of Article 44 of the Act for Securing Proper

Operation of Worker Dispatching Undertakings and Improved Working

Conditions for Dispatched Workers (hereinafter referred to as "the Worker

Dispatching Act") (hereinafter such business operator shall be referred to as a

"client business operator"))"; in paragraph (4) of the same Article, the term "the

business operator in the said undertaking " shall be deemed to be replaced with

"the business operator of the undertaking concerned or the person deemed to

be the business operator of the undertaking concerned under the provisions of

Article 45 of the Worker Dispatching Act", the term "employed by the said

representative alone" shall be deemed to be replaced with "employed by said

representative and not employed by a person other than said representative

out of the business operators of the undertakings concerned (including the

client business operator)", and the term "this Act" shall be deemed to be

replaced with "this Act (including cases where this Act is applied under the

provisions of Article 45 of the Worker Dispatching Act)"; in paragraph (1) of

Article 16, the term "paragraph (1) or (3) of Article 15" shall be deemed to be

replaced with "paragraph (1) or (3) of Article 15 as applied pursuant to the

provisions of paragraph (3) of Article 45 of the Worker Dispatching Act"; in

Article 19 and in paragraph (4) of Article 17 as applied mutatis mutandis

pursuant to paragraph (4) of Article 19, the term "the business operator" shall

be deemed to be replaced with "the client business operator"; in paragraph (1)

of Article 19, the term "Article 17 and the preceding Article" shall be deemed to

be replaced with "Article 17 and the preceding Article as applied pursuant to

the provisions of Article 45 of the Worker Dispatching Act"; and in paragraphs

(2) and (3) of Article 19 and in paragraphs (4) and (5) of Article 17 as applied

mutatis mutandis pursuant to paragraph (4) of Article 19, the term "workers"

shall be deemed to be replaced with "workers (including workers under

dispatching prescribed in paragraph (1) of Article 44 of the Worker Dispatching

Act)".

(9) With regard to the application of the provisions of paragraph (1) of Article 19

of the Industrial Safety and Health Act concerning a dispatching undertaking

in which workers employed in said undertaking are dispatched for dispatch

work in a client undertaking, the term "Article 17 and the preceding Article" in

the same paragraph shall be deemed to be replaced with "Article 17 and the

preceding Article as applied pursuant to the provisions of Article 45 of the Act

31

for Securing Proper Operation of Worker Dispatching Undertakings and

Improved Working Conditions for Dispatched Workers".

(10) A person deemed to be a business operator employing workers under

dispatching pursuant to the provisions of paragraph (3) (including a person

deemed to be such business operator under the provisions of paragraph (4) of

Article 5 of the Industrial Safety and Health Act which are applied by

replacing the terms pursuant to the provisions of paragraph (8)) shall, when

he/she has conducted a medical examination of the workers under dispatching

under the provisions of paragraph (2), (3) or (4) of Article 66 of the same Act as

applied pursuant to the provisions of paragraph (3), or when documents

certifying the results of the medical examination under the provisions of the

proviso to paragraph (5) of the same Article have been submitted by the

workers under dispatching, prepare documents stating the result of such

medical examination based on the records under the provisions of Article 66-3

for the workers under dispatching, and send the documents to the business

operator of the dispatching undertaking concerned, without delay, pursuant to

the provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

(11) The business operator of the dispatching undertaking who has received the

documents referred to in the preceding paragraph under the provisions of the

same paragraph shall retain the documents concerned, pursuant to the

provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

(12) Any person who has violated the provisions of the preceding two paragraphs

shall be punished by a fine of not more than 300,000 yen.

(13) In the case where a representative of a juridical person, or an agent,

employee or other worker of a juridical person or a natural person has

committed a violation under the preceding paragraph, with regard to the

business of said juridical person or said natural person, not only the offender

shall be punished but also said juridical person or individual shall be punished

by the fine prescribed in the same paragraph.

(14) The person referred to in paragraph (10) shall, when he/she has obtained the

opinion of a physician or dentist under the provisions of Article 66-4 of the

Industrial Safety and Health Act as applied to the workers under dispatching

pursuant to the provisions of paragraph (3), notify the business operator of the

dispatching undertaking of such opinion, without delay, pursuant to the

provisions of an Ordinance of the Ministry of Health, Labour and Welfare.

(15) With regard to the special application of the Industrial Safety and Health

Act under the provisions of each of the preceding paragraphs, the following

provisions (including penal provisions related to these provisions) shall be

applied by replacing the following terms in the respective manners set forth

below: the term "business operators" in Article 9 of the same Act shall be

deemed to be replaced with "business operators (including persons carrying out

32

a client undertaking prescribed in paragraph (1) of Article 44 of the Act for

Securing Proper Operation of Worker Dispatching Undertakings and Improved

Working Conditions for Dispatched Workers (hereinafter referred to as "the

Worker Dispatching Act") (hereinafter such business operator shall be referred

to as a "client business operator"); hereinafter the same shall apply in this

Article)"; the term "business operators" in paragraph (4) of Article 28,

paragraphs (1) to (4) inclusive of Article 32, paragraph (1) of Article 33, Article

34, Article 63, paragraph (3) of Article 66-5, paragraph (2) of Article 70-2,

paragraph (2) of Article 71-3, Article 71-4, paragraphs (2) and (3) of Article 93,

paragraph (2) of Article 97, paragraph (1) of Article 98, paragraph (1) of Article

99, paragraphs (1) and (2) of Article 99-2, Articles 100 to 102 inclusive,

paragraph (1) of Article 103, paragraph (1) of Article 106 and paragraph (3) of

Article 108-2 shall be deemed to be replaced with "business operators

(including client business operators)"; the term "workers, employed by" in

paragraph (1) of Article 31 shall be deemed to be replaced with "workers

(including workers under dispatching prescribed in paragraph (1) of Article 44

of the Worker Dispatching Act (hereinafter referred to simply as "workers

under dispatching"), employed by"; the term "workers" in Article 31-2 and

paragraphs (4), (6), and (7) of Article 32 shall be deemed to be replaced with

"workers (including workers under dispatching)"; the term "the provisions of

this Act or of orders based on it " in Article 31-4 and the term "the provisions of

this Act or orders thereunder" in paragraph (1) of Article 97 shall be deemed to

be replaced with "the provisions of this Act or of orders issued based on this

Act (including cases where these provisions are applied under the provisions of

Article 45 of the Worker Dispatching Act) or the provisions of paragraph (6),

(10) or (11) of the same Article or the provisions of orders based on these

provisions"; the term "this Act" in Article 90, paragraph (1) of Article 91 and

Article 100 shall be deemed to be replaced with "this Act and the provisions of

Article 45 of the Worker Dispatching Act"; the term "a violation of this Act" in

Article 92 shall be deemed to be replaced with "a violation (including a crime

under Articles 119 and 122 pursuant to the provisions of paragraph (7) of

Article 45 of the Worker Dispatching Act) of this Act (including cases where

this Act is applied under the provisions of the same Article) and crimes

referred to in paragraphs (12) and (13) of Article 45 of the Worker Dispatching

Act"; the term "Article 34" in paragraph (1) of Article 98 shall be deemed to be

replaced with "Article 34 (including cases where these provisions are applied

under the provisions of Article 45 of the Worker Dispatching Act)"; the term

"this Act" in paragraph (1) of Article 101 of the same Act shall be deemed to be

replaced with "this Act (including the provisions of Article 45 of the Worker

Dispatching Act)"; the term "the provisions of this Act or of orders based on

this Act" in paragraph (1) of Article 103 shall be deemed to be replaced with

33

"the provisions of this Act or of orders based on this Act (including cases where

these provisions are applied under the provisions of Article 45 of the Worker

Dispatching Act)"; and the term "(excepting the provisions of Chapter II)" in

paragraph (1) of Article 115 shall be deemed to be replaced with "(excluding

the provisions of Chapter II) and the provisions of Article 45 of the Worker

Dispatching Act".

(16) With regard to the application of the provisions of the Industrial Safety and

Health Act to a person who has violated the Industrial Safety and Health Act

or the provisions of orders based on the same Act which are applied pursuant

to the provisions of paragraphs (1) to (5) inclusive, paragraphs (7) to (9)

inclusive and the preceding paragraph, or a person who has violated the

provisions of paragraph (6), (10) or (11) or the provisions of orders based on

these provisions: the term "the provisions of this Act or of orders based on this

Act" in item (i) of paragraph (2) of Article 46 of the same Act shall be deemed

to be replaced with "the provisions of this Act or of orders based on this Act

(including cases where these provisions are applied under the provisions of

Article 45 of the Act for Securing Proper Operation of Worker Dispatching

Undertakings and Improved Working Conditions for Dispatched Workers

(hereinafter referred to as "the Worker Dispatching Act")), or the provisions of

paragraph (6), (10) or (11) of the same Article or the provisions of orders based

on these provisions"; the term "the provisions of paragraph (1) or (2) of Article

45 or the orders issued based on these provisions" in item (i) of paragraph (2) of

Article 54 shall be deemed to be replaced with "the provisions of paragraph (1)

or (2) of Article 45 or of orders issued based on these provisions (including

cases where these provisions are applied under the provisions of Article 45 of

the Worker Dispatching Act) "; the term "the provisions of this Act or of orders

based on this Act or administrative disposition under these provisions" in

paragraph (6) of Article 56 shall be deemed to be replaced with "the provisions

of this Act or of orders based on this Act (including cases where these

provisions are applied under the provisions of Article 45 of the Worker

Dispatching Act), dispositions based on these provisions, or the provisions of

paragraph (6), (10) or (11) of the same Article or the provisions of orders based

on these provisions"; the term "the provisions of this Act or of orders based on

this Act" in item (ii) of paragraph (2) of Article 74, item (iii) of paragraph (2) of

Article 75-3 (including cases where the provisions of this item are applied

mutatis mutandis under Article 83-3 and Article 85-3), item (ii) of paragraph

(2) of Article 84 and paragraph (1) of Article 99-3 shall be deemed to be

replaced with "the provisions of this Act or of orders based on this Act

(including cases where these provisions are applied under the provisions of

Article 45 of the Worker Dispatching Act) or the provisions of paragraph (6),

(10) or (11) of the same Article or the provisions of orders based on these

34

provisions"; the term "this Act (including the orders issued or dispositions

taken thereunder)" in paragraph (2) of Article 75-4 (including cases where the

provisions of this paragraph are applied mutatis mutandis under Article 83-3

and Article 85-3) and paragraph (4) of Article 75-5 (including cases where the

provisions of this paragraph are applied mutatis mutandis under Article 83-3)

shall be deemed to be replaced with "the provisions of this Act or of orders

based on this Act (including cases where these provisions are applied under the

provisions of Article 45 of the Worker Dispatching Act), dispositions based on

these provisions, or the provisions of paragraph (6), (10) or (11) of the same

Article or the provisions of orders based on these provisions"; and the term

"this Act and orders based on this Act" in item (iii) of paragraph (2) of Article

84 shall be deemed to be replaced with "this Act and orders based on this Act

(including cases where these provisions are applied under the provisions of

Article 45 of the Worker Dispatching Act), and the Worker Dispatching Act

(limited to the provisions of paragraphs (6), (10) and (11) of the same Article)

and orders issued thereunder".

(17) Technical replacements and other necessary matters, in cases where the

provisions of the Industrial Safety and Health Act and of orders based on this

Act are applied under the provisions of this Article, shall be specified by an

order.

(Special Application of the Pneumoconiosis Act)

Article 46 (1) With regard to a client undertaking involving dust work prescribed

in item (iii) of paragraph (1) of Article 2 of the Pneumoconiosis Act (Act No. 30

of 1960) (hereinafter such work shall be referred to as "dust work" in this

Article), to which workers are dispatched for dispatch work in said undertaking,

the provisions of Articles 5 to 9-2 inclusive, Articles 11 to 14 inclusive,

paragraph (3) of Article 15, Articles 16 to 17 inclusive and Article 35-2 of said

Act (including penal provisions pertaining to these provisions) shall be applied

to such undertaking, by deeming the person carrying out the client

undertaking to be the business operator, as prescribed in item (v) of paragraph

(1) of Article 2 of said Act, employing the workers under dispatching (limited to

those who are or have been regularly engaged in dust work; hereinafter the

same shall apply up to paragraph (4) and in paragraph (7)) (hereinafter such

business operator shall be referred to simply as a "business operator" in this

Article), and by deeming the workers under dispatching to be workers

employed by the person carrying out the client undertaking concerned. In this

case, the term "separation from employment" in paragraph (1) of Article 9-2

shall be deemed to be replaced with "separation from employment (with regard

to a worker under dispatching prescribed in paragraph (1) of Article 46 of the

Act for Securing Proper Operation of Worker Dispatching Undertakings and

35

Improved Working Conditions for Dispatched Workers (hereinafter referred to

as "the Worker Dispatching Act"), the termination of the provision of Worker

Dispatching services, as prescribed in item (i) of Article 2 of the Worker

Dispatching Act, pertaining to the worker under dispatching concerned;

hereinafter the same shall apply in this paragraph);" and the term "this Act" in

Article 35-2 shall be deemed to be replaced with "this Act (including the

provisions of Article 46 of the Worker Dispatching Act)".

(2) With regard to the application of the provisions listed in the first sentence of

the preceding paragraph concerning a dispatching undertaking (limited to that

involving dust work) in which workers employed in said undertaking are

dispatched for dispatch work in a client undertaking (limited to that involving

dust work), the business operator of the dispatching undertaking concerned

shall be deemed not to be employing the workers under dispatching concerned

and the workers under dispatching concerned shall be deemed not to be

employed by the business operator of the dispatching undertaking concerned.

(3) Where the provisions of the Pneumoconiosis Act are applied under paragraph

(1), the provisions of Article 10 of said Act shall be applied by replacing the

following terms in the respective manners set forth below: in the same Article,

the term "A business operator may, where he or she has conducted a

pneumoconiosis examination" shall be deemed to be replaced with "A person

carrying out a client undertaking prescribed in paragraph (1) of Article 44 of

the Act for Securing Proper Operation of Worker Dispatching Undertakings

and Improved Working Conditions for Dispatched Workers (hereinafter such

undertaking shall be referred to simply as a "client undertaking") may, where

he/she has conducted a pneumoconiosis examination for workers under

dispatching prescribed in paragraph (1) of Article 46 of the same Act"; and the

term "in paragraph (1) or (2) of Article 66 of the Industrial Safety and Health

Act" shall be deemed to be replaced with "in paragraph (1) or (2) of Article 66 of

the Industrial Safety and Health Act in the case of a person carrying out a

dispatching undertaking prescribed in paragraph (3) of Article 44 of the same

Act, and in paragraph (2) of the same Article in the case of a person carrying

out a client undertaking".

(4) With regard to dispatch work in an undertaking involving dust work in which

workers under dispatching are engaged, the provisions of Articles 20-2 to 21

inclusive and Article 22-2 of the Pneumoconiosis Act (including penal

provisions pertaining to the provisions of Article 21 of the same Act) shall

apply, by deeming the person carrying out the dispatching undertaking

concerned (excluding a person who is a business operator; the same shall apply

in the following paragraph and paragraph (6)) to be the business operator, by

deeming the person carrying out the client undertaking concerned to also be a

business operator employing the workers under dispatching concerned, and by

36

deeming the workers under dispatching concerned to be workers also employed

by the person carrying out the client undertaking concerned.

(5) With regard to dispatch work in an undertaking involving dust work in which

workers under dispatching are engaged, the provisions of Article 22 of the

Pneumoconiosis Act (including penal provisions pertaining to the provisions of

the same Article) shall apply, by deeming the person carrying out the

dispatching undertaking to be the business operator.

(6) With regard to persons other than workers regularly engaged in dust work

(excluding persons regularly engaged in work other than dust work in the

client undertaking concerned), among those workers actually employed by a

person carrying out a dispatching undertaking who have been regularly

engaged in dust work in the client undertaking, the provisions of Articles 8 to

14 inclusive, paragraph (3) of Article 15, Articles 16 to 17 inclusive, Article 20-

2, Article 22-2, and Article 35-2 of the Pneumoconiosis Act (including penal

provisions pertaining to these provisions) shall apply, by deeming the person

carrying out the dispatching undertaking to be the business operator. In this

case, in Article 10 of the same Act, the term "A business operator may, where

he or she has conducted a pneumoconiosis examination" shall be deemed to be

replaced with "A person carrying out a dispatching undertaking prescribed in

paragraph (3) of Article 44 of the Act for Securing Proper Operation of Worker

Dispatching Undertakings and Improved Working Conditions for Dispatched

Workers (hereinafter referred to as "the Worker Dispatching Act") (hereinafter

such undertaking shall be referred to simply as a "dispatching undertaking")

may, where he/she has conducted a pneumoconiosis examination for workers

under dispatching prescribed in paragraph (1) of the same Article or for those

who have been such workers under dispatching prescribed in the same

paragraph" and the term "in paragraph (1) or (2) of Article 66 of the Industrial

Safety and Health Act" shall be deemed to be replaced with "in paragraph (1)

or (2) of Article 66 of the Industrial Safety and Health Act in the case of a

person carrying out a dispatching undertaking and in paragraph (2) of Article

66 of the Industrial Safety and Health Act in the case of a person carrying out

a client undertaking prescribed in paragraph (1) of Article 44 of the Worker

Dispatching Act"; and the term "this Act" in Article 35-2 shall be deemed to be

replaced with "this Act (including the provisions of Article 46 of the Worker

Dispatching Act)".

(7) A person deemed to be a business operator employing workers under

dispatching under the provisions of paragraph (1) shall, when he/she has

conducted a pneumoconiosis examination for the workers under dispatching or

when he/she has received documents certifying the results of pneumoconiosis

examinations and other documents submitted by the workers under

dispatching under the provisions of the proviso to Article 11 of the

37

Pneumoconiosis Act as applied under the provisions of paragraph (1), prepare

documents stating the results of the pneumoconiosis examinations concerned

based on the records prepared under the provisions of paragraph (1) of Article

17 of the same Act as applied under the provisions of paragraph (1) pertaining

to the workers under dispatching concerned, pursuant to the provisions of an

Ordinance of the Ministry of Health, Labour and Welfare, and shall, when

he/she has received notification under the provisions of paragraph (1) of Article

14 of the same Act (including cases where these provisions are applied mutatis

mutandis under paragraph (3) of Article 15, paragraph (2) of Article 16 and

paragraph (2) of Article 16-2 of the same Act) as applied under the provisions

of paragraph (1), prepare documents stating the contents of the notification

concerned, pursuant to the provisions of an Ordinance of the Ministry of

Health, Labour and Welfare, and, without delay, send those documents to the

person carrying out the dispatching undertaking concerned.

(8) The person carrying out the dispatching undertaking who has received the

documents referred to in the preceding paragraph under the provisions of the

same paragraph shall retain the documents, pursuant to the provisions of an

Ordinance of the Ministry of Health, Labour and Welfare.

(9) A person carrying out a dispatching undertaking shall, when a worker under

dispatching, who is engaged in dispatch work in an undertaking involving dust

work and who is regularly engaged in dust work (excluding a worker whose

classification for supervision of pneumoconiosis has been determined to be No.

II, No. III or No. IV), has been diagnosed in a medical examination referred to

in paragraph (1) or (2) of Article 66 of the Industrial Safety and Health Act

(excluding one conducted by the person carrying out the client undertaking), as

being affected by pneumoconiosis prescribed in item (i) of paragraph (1) of

Article 2 of the Pneumoconiosis Act (hereinafter referred to simply as

"pneumoconiosis"), or as being suspected of having contracted pneumoconiosis,

inform the person carrying out the client undertaking concerned to that effect,

without delay.

(10) Any person who has violated the provisions of the preceding three

paragraphs shall be punished by a fine of not more than 300, 000 yen.

(11) In case where a representative of a juridical person, or an agent, employee or

other worker of a juridical person or a natural person has committed a

violation under the preceding paragraph, with regard to the business of said

juridical person or said natural person, not only the offender shall be punished

but also said juridical person or individual shall be punished by the fine

prescribed in the same paragraph.

(12) With regard to the special application of the Pneumoconiosis Act under the

provisions of each of the preceding paragraphs, the following provisions

(including penal provisions relating to these provisions) shall be applied by

38

replacing the following terms in the respective manners set forth below: the

term "the business operator" in paragraph (1) of Article 32 of the same Act

shall be deemed to be replaced with "the business operator (including a person

deemed to be the business operator under the provisions of Article 46 of the Act

for Securing Proper Operation of Worker Dispatching Undertakings and

Improved Working Conditions for Dispatched Workers (hereinafter referred to

as "the Worker Dispatching Act"); referred to as "the business operator and the

equivalent" in paragraph (2) of Article 43-2 and Article 44)"; the term "This

Act" in paragraphs (2) and (3) of Article 39 shall be deemed to be replaced with

"This Act (including cases where the provisions of this Act are applied under

the provisions of Article 46 of the Worker Dispatching Act)"; the term

"paragraph (4) of Article 21" in paragraph (3) of the same Article shall be

deemed to be replaced with "paragraph (4) of Article 21 (including cases where

these provisions are applied under the provisions of paragraph (4) of Article 46

of the Worker Dispatching Act)"; the term "the place of business where dust

work is performed" in paragraph (1) of Article 40 shall be deemed to be

replaced with "the place of business where dust work is performed (including

the place of business of a person deemed to be the business operator under the

provisions of Article 46 of the Worker Dispatching Act; the same shall apply in

paragraph (1) of Article 42)"; the term "this Act" in Article 41 and paragraph

(1) of Article 42 shall be deemed to be replaced with "this Act and the

provisions of Article 46 of the Worker Dispatching Act"; the term "a violation of

the provisions of this Act" in Article 43 shall be deemed to be replaced with "a

violation of the provisions of this Act (including cases where these provisions

are applied under the provisions of Article 46 of the Worker Dispatching Act)

and the crimes referred to in paragraphs (10) and (11) of the same Article"; the

term "the provisions of this Act or of orders based on this Act" in paragraph (1)

of Article 43-2 shall be deemed to be replaced with "the provisions of this Act or

of orders based on this Act (including cases where these provisions are applied

under the provisions of Article 46 of the Worker Dispatching Act), or the

provisions of paragraphs (7) to (9) inclusive of the same Article or the

provisions of orders based on these provisions"; and the term "the business

operator" in paragraph (2) of the same Article and Article 44 shall be deemed

to be replaced with "the business operator and equivalent".

(13) With regard to the application of the provisions of Article 10 of the

Pneumoconiosis Act, where a person carrying out a dispatching undertaking is

a business operator and has conducted a pneumoconiosis examination for

workers under dispatching, the term "The business operator" in the same

Article shall be deemed to be replaced with "A person carrying out a

dispatching undertaking prescribed in paragraph (3) of Article 44 of the Act for

Securing Proper Operation of Worker Dispatching Undertakings and Improved

39

Working Conditions for Dispatched Workers (hereinafter referred to as "the

Worker Dispatching Act") (hereinafter such undertaking shall be referred to

simply as a "dispatching undertaking")"; and the term "in paragraph (1) or (2)

of Article 66 of the Industrial Safety and Health Act" shall be deemed to be

replaced with "in paragraph (1) or (2) of Article 66 of the Industrial Safety and

Health Act in the case of a person carrying out a dispatching undertaking and

in paragraph (2) of Article 66 of the Industrial Safety and Health Act in the

case of a person carrying out a client undertaking prescribed in paragraph (1)

of Article 44 of the Worker Dispatching Act".

(14) Technical replacements and other necessary matters, in cases where the

provisions of the Pneumoconiosis Act and the provisions of orders based on this

Act are applied under the provisions of this Article, shall be specified by an

order.

(Special Application of the Working Environment Measurement Act)

Article 47 (1) With regard to a person deemed to be a business operator

employing workers under dispatching under the provisions of paragraph (3) of

Article 45, the provisions of Chapter I, paragraph (2) of Article 8 (including

cases where said provisions are applied mutatis mutandis under paragraph (2)

of Article 34 of the Working Environment Measurement Act (Act No. 28 of

1975)), and Chapters 4 and 5 of the same Act shall apply, by deeming such

person to be included in the concept of the business operator prescribed in item

(i) of Article 2 of said Act. In this case, the term "paragraph (1) of Article 65 of

the Industrial Safety and Health Act" in paragraph (1) of Article 3 of the

Working Environment Measurement Act shall be deemed to be replaced with

"paragraph (1) of Article 65 of the Industrial Safety and Health Act (including

cases where said provisions are applied under the provisions of paragraph (3)

of Article 45 of the Act for Securing Proper Operation of Worker Dispatching

Undertakings and Improved Working Conditions for Dispatched Workers; the

same shall apply in the following Article)".

(2) With regard to the application of the provisions of the Working Environment

Measurement Act to persons who have violated the provisions of the Industrial

Safety and Health Act or orders based on the same Act as applied under the

provisions of Article 45, the provisions of paragraph (6), (10) or (11) of the same

Article or the provisions of orders based on these provisions, or the provisions

of the Working Environment Measurement Act or of orders based on the same

Act as applied under the provisions of the preceding paragraph, the term "the

provisions of this Act or of the Industrial Safety and Health Act (including

orders based on these Acts)" in item (iii) of Article 6 of the Working

Environment Measurement Act shall be deemed to be replaced with "the

provisions of this Act or of the Industrial Safety and Health Act or of orders

40

based on these Acts (including cases where these provisions are applied under

the provisions of Article 45 or 47 of the Act for Securing Proper Operation of

Worker Dispatching Undertakings and Improved Working Conditions for

Dispatched Workers (hereinafter referred to as "the Worker Dispatching Act")),

or the provisions of paragraph (6), (10) or (11) of Article 45 of the Worker

Dispatching Act or the provisions of orders based on these provisions"; the term

"the provisions of this Act or of the Industrial Safety and Health Act (including

orders based on these Acts)" in (a) of item (v) of paragraph (2) of Article 21 of

the Working Environment Measurement Act (including cases where these

provisions are applied mutatis mutandis under paragraph (4) of Article 32-2 of

the same Act) shall be deemed to be replaced with "the provisions of this Act or

of the Industrial Safety and Health Act or of orders issued based on these Acts

(including cases where these provisions are applied under the provisions of

Article 45 or 47 of the Worker Dispatching Act), or the provisions of paragraph

(6), (10) or (11) of Article 45 of the Worker Dispatching Act or the provisions of

orders based on these provisions"; the term "this Act or the Industrial Safety

and Health Act (including orders or dispositions under these Acts) in

paragraph (2) of Article 23 (including cases where these provisions are applied

mutatis mutandis under paragraph (4) of Article 32-2) and paragraph (4) of

Article 24 of the Working Environment Measurement Act shall be deemed to be

replaced with "the provisions of this Act or of the Industrial Safety and Health

Act or of orders based on these Acts (including cases where these provisions are

applied under the provisions of Article 45 or Article 47 of the Worker

Dispatching Act), or dispositions under these provisions, or the provisions of

paragraph (6), (10) or (11) of Article 45 of the Worker Dispatching Act or the

provisions of orders based on these provisions", and the term "this Act or the

Working Environment Measurement Act (Act No. 28 of 1975), or of orders

under these Acts" in paragraph (3) of Article 32 and paragraph (1) of Article 34

of said Act shall be deemed to be replaced with "this Act or the Working

Environment Measurement Act or the provisions of orders based on these Acts

(including cases where these provisions are applied under the provisions of

Article 45 or 47 of the Worker Dispatching Act), or the provisions of paragraph

(6), (10) or (11) of Article 45 of the Worker Dispatching Act or the provisions of

orders under these provisions".

(3) Technical replacements and other necessary matters, in cases where the

provisions of the Working Environment Measurement Act are applied under

the provisions of this Article, shall be specified by an order.

(Special Application of the Act on Securing, Etc. of Equal Opportunity and

Treatment between Men and Women in Employment)

Article 47-2 With regard to work performed by Dispatched Workers whom a

41

person receiving Worker Dispatching services causes to work under his/her

instruction under a Worker Dispatching arrangement, the provisions of

paragraph (3) of Article 9, paragraph (1) of Article 11, Article 12 and

paragraph (1) of Article 13 of the Act on Securing, Etc. of Equal Opportunity

and Treatment between Men and Women in Employment (Act No. 113 of 1972)

shall be applied to said person receiving Worker Dispatching services, by

deeming him/her to be a business operator employing said Dispatched Workers.

In this case, the term "in terms of employment management" in paragraph (1)

of Article 11 of the same Act shall be deemed to be replaced with "in terms of

employment management and instruction".

Chapter IV Miscellaneous Provisions

(Guidelines)

Article 47-3 With regard to measures to be taken by a dispatching business

operator and a client under the provisions of Article 24-3 and Sections 1 to 3

inclusive of the preceding Chapter, the Minister of Health, Labour and Welfare

shall publish the guidelines necessary for the proper and effective

implementation of such measures.

(Guidance, Advice and Recommendation)

Article 48 (1) The Minister of Health, Labour and Welfare may, when he/she

finds it necessary for the enforcement of this Act (excluding the provisions of

Section 4 of the preceding Chapter; the same shall apply in paragraph (1) of

Article 49-3, Article 50 and paragraph (1) of Article 51), give to business

operators carrying out Worker Dispatching and persons receiving Worker

Dispatching services the guidance and advice necessary for securing the proper

operation of Worker Dispatching Undertakings or proper dispatch work.

(2) The Minister of Health, Labour and Welfare may, when he/she finds it

necessary for the proper adjustment of labor demand and supply in cases

where a Worker Dispatching Undertaking is carried out with the object of

providing Worker Dispatching services solely to specified persons (excluding

cases specified by an Ordinance of the Ministry of Health, Labour and Welfare

referred to in item (i) of paragraph (1) of Article 7), recommend the dispatching

business operator concerned to change the object and the contents of the

Worker Dispatching Undertaking.

(Order for Improvement, etc.)

Article 49 (1) Where a dispatching business operator has violated the provisions

of this Act or other Acts relating to labor (including the provisions of orders

based on these provisions) with regard to the Worker Dispatching Undertaking

42

concerned, the Minister of Health, Labour and Welfare may, when he/she finds

it necessary for securing proper dispatch work, order the dispatching business

operator concerned to improve his/her method of employment management for

Dispatched Workers and otherwise to take necessary measures to improve the

operation of the Worker Dispatching Undertaking.

(2) Where a client violates the provisions of paragraph (3) of Article 4, the

Minister of Health, Labour and Welfare may, when he/she finds it materially

inappropriate to permit the dispatch work in violation of the provisions of the

same paragraph to continue, order the dispatching business operator who

dispatches workers to the client concerned to suspend the worker dispatch

which has been carried out under the worker dispatch contract for the dispatch

work concerned.

(Publication etc.)

Article 49-2 (1) Where the Minister of Health, Labour and Welfare has given

guidance or advice under the provisions of paragraph (1) of Article 48 to a

person violating the provisions of paragraph (3) of Article 4, Article 24-2,

paragraph (1) of Article 40-2, Article 40-4 or Article 40-5, and considers that

said person is continuing to violate the provisions of paragraph (3) of Article 4,

Article 24-2, paragraph (1) of Article 40-2, Article 40-4 or Article 40-5 or is

likely to do so, the Minister may recommend that said person take measures

necessary for correcting the dispatch work violating the provisions of

paragraph (3) of Article 4, Article 24-2 or paragraph (1) of Article 40-2 or

measures necessary for preventing the carrying out of such dispatch work or

that an offer of an employment contract be made pursuant to the provisions of

Article 40-4 or Article 40-5.

(2) Where a client is receiving Worker Dispatching services in violation of the

provisions of paragraph (1) of Article 40-2 and the Dispatched Worker

pertaining to the provision of said Worker Dispatching services wishes to be

employed by said client, the Minister of Health, Labour and Welfare may, if

said client, although the Minister has given guidance or advice to him/her to

employ the Dispatched Worker concerned under the provisions of paragraph (1)

of Article 48, has not complied with such guidance or advice, recommend that

said client employ the Dispatched Worker concerned.

(3) Where the Minister of Health, Labour and Welfare has given

recommendations under the provisions of the preceding two paragraphs, the

Minister may, when the person receiving such recommendation has not

complied with it, publish such fact.

(Notification to the Minister of Health, Labour and Welfare)

Article 49-3 (1) Where a business operator carrying out Worker Dispatching or a

43

person receiving Worker Dispatching services violates this Act or the

provisions of orders based on this Act, a Dispatched Worker may notify the

Minister of Health, Labour and Welfare of such fact.

(2) Neither a business operator carrying out Worker Dispatching nor a person

receiving Worker Dispatching services shall discharge or otherwise treat

disadvantageously a Dispatched Worker on the grounds of his/her having made

the notification referred to in the preceding paragraph.

(Reporting)

Article 50 The Minister of Health, Labour and Welfare may, within the limits

necessary for the enforcement of this Act, order business operators carrying out

Worker Dispatching Undertakings and persons receiving Worker Dispatching

services from said business operators to report on necessary matters, pursuant

to the provisions of an Ordinance of the Ministry of Health, Labour and

Welfare.

(On-site Inspections)

Article 51 (1) The Minister of Health, Labour and Welfare may, within the limits

necessary for the enforcement of this Act, have Ministry officials enter the

place of business or other facilities of a business operator carrying out a

Worker Dispatching Undertaking or a person receiving worker dispatch

services from said business operator, question the persons concerned or inspect

the books, documents and other articles.

(2) An official making an on-site inspection pursuant to the provisions of the

preceding paragraph shall carry a certificate certifying his/her status and show

it to the persons concerned.

(3) The authority to conduct on-site inspections under the provisions of

paragraph (1) shall not be construed as being the authority to conduct criminal

investigations.

(Counseling and Assistance)

Article 52 The Public Employment Security Office may, with regard to matters

relating to dispatch work, respond to a request for counsel from a worker, etc.

and give necessary advice or other assistance.

(Supporters of Proper Operation of Worker Dispatching Undertakings)

Article 53 (1) The Minister of Health, Labour and Welfare may commission

persons, from among those who enjoy public confidence and have expert

knowledge and experience concerning the operation of Worker Dispatching

Undertakings and concerning dispatch work, to act as Supporters of Proper

Operation of Worker Dispatching Undertakings.

44

(2) A Supporter of Proper Operation of Worker Dispatching Undertakings shall,

in cooperation with the administrative measures concerning the securing of

proper operation of Worker Dispatching Undertakings and proper dispatch

work, respond to a request for counsel from, and give expert advice to, business

operators carrying out Worker Dispatching, persons receiving Worker

Dispatching services and workers, etc.

(3) A Supporter of Proper Operation of Worker Dispatching Undertakings shall

not disclose to another person any secret learned in the course of his/her duties

unless there is a justifiable reason. The same shall apply after he/she ceased to

be a Supporter of Proper Operation of Worker Dispatching Undertakings.

(4) A Supporter of Proper Operation of Worker Dispatching Undertakings shall

not receive any remuneration from the State for his/her duties.

(5) A Supporter of Proper Operation of Worker Dispatching Undertakings may

receive payment of the expenses required for the execution of his/her duties

within the limits of the budget.

(Fees)

Article 54 The following persons shall pay the fees specified by a Cabinet Order

by taking into consideration of the actual cost involved:

(i) a person who wishes to obtain the license referred to in paragraph (1) of

Article 5;

(ii) a person who wishes to obtain reissuance of a license certificate under the

provisions of paragraph (3) of Article 8;

(iii) a person who wishes to obtain the renewal of the valid period of a license

under the provisions of paragraph (2) of Article 10;

(iv) a person who wishes to obtain the rewriting of a license certificate under

the provisions of paragraph (4) of Article 11.

(Delegation of Transitional Measures to Orders)

Article 55 Where a Cabinet Order or an Ordinance of the Ministry of Health,

Labour and Welfare is established, amended or repealed under the provisions

of this Act, necessary transitional measures (including transitional measures

on penal provisions) may be specified by a Cabinet Order or an Ordinance of

the Ministry of Health, Labour and Welfare, respectively, within limits

considered reasonably necessary in connection with the establishment,

amendment or repeal concerned.

(Delegation of Authority)

Article 56 (1) Part of the authority of the Minister of Health, Labour and

Welfare specified in this Act may be delegated to the Prefectural Labor

Director, pursuant to the provisions of an Ordinance of the Ministry of Health,

45

Labour and Welfare.

(2) The authority delegated to the Prefectural Labor Director under the

provisions of the preceding paragraph may be delegated to the chief of the

Public Employment Security Office, pursuant to the provisions of an Ordinance

of the Ministry of Health, Labour and Welfare.

(Delegation to an Ordinance of the Ministry of Health, Labour and Welfare)

Article 57 In addition to what is provided by this Act, procedures and other

matters necessary for the enforcement of this Act shall be specified by an

Ordinance of the Ministry of Health, Labour and Welfare.

Chapter V Penal Provisions

Article 58 Any person, who has carried out Worker Dispatching with the

intention of inducing workers to engage in work injurious to public health or

public morals, shall be punished by imprisonment with work of not less than

one year and not more than ten years, or a fine of not less than 200,000 yen

and not more than 3,000,000 yen.

Article 59 Any person who falls under any of the following items shall be

punished by imprisonment with work of not more than one year or a fine of not

more than 1,000,000 yen:

(i) a person who has violated the provisions of paragraph (1) of Article 4 or

Article 15;

(ii) a person who has carried out a General Worker Dispatching Undertaking

without obtaining the license referred to in paragraph (1) of Article 5;

(iii) a person who has obtained the license referred to in paragraph (1) of

Article 5 or the renewal of the valid period of a license under the provisions

of paragraph (2) of Article 10, by deception or other wrongful act;

(iv) a person who has violated a disposition under the provisions of paragraph

(2) of Article 14 or Article 21.

Article 60 Any person who falls under any of the following items shall be

punished by imprisonment with work of not more than six months or a fine of

not more than 300,000 yen:

(i) a person who has carried out a Specified Worker Dispatching Undertaking

without submitting a written notice prescribed in paragraph (1) of Article 16;

(ii) a person who has violated the provisions of Article 22 or paragraph (2) of

Article 49-3;

(iii) a person who has violated a disposition under the provisions of Article 49.

46

Article 61 Any person who falls under any of the following items shall be

punished by a fine of not more than 300,000 yen:

(i) a person who has submitted a written application prescribed in paragraph

(2) of Article 5 (including cases where these provisions are applied mutatis

mutandis under paragraph (5) of Article 10) containing a false entry,

documents prescribed in paragraph (3) of Article 5 (including cases where

these provisions are applied mutatis mutandis under paragraph (5) of Article

10) containing a false entry, a written notice prescribed in paragraph (1) of

Article 16 containing a false entry or documents prescribed in paragraph (2)

of the same Article containing a false entry;

(ii) a person who has failed to submit a notification or has submitted a false

notification under the provisions of paragraph (1) of Article 11, paragraph (1)

of Article 13, paragraph (1) of Article 19, Article 20 or paragraph (3) of

Article 23 or who has made a false entry in and submitted documents

prescribed in paragraph (1) of Article 11 or paragraph (1) of Article 19;

(iii) a person who has violated the provisions of Article 34, Article 35,

paragraph (1) of Article 35-2, Article 36, Article 37, Article 41 or Article 42;

(iv) a person who has failed to submit a report or has submitted a false report

under the provisions of Article 50;

(v) a person who has refused, impeded or evaded the entry or inspection under

the provisions of paragraph (1) of Article 51, or who has failed to reply or has

given false replies to questions under the provision of the same paragraph.

Article 62 In the case where a representative of a juridical person or an agent,

employee or other worker, of a juridical person or a natural person has

committed a violation under Article 58 to the preceding Article inclusive, with

regard to the business of said juridical person or said natural person, not only

the offender shall be punished but also said juridical person or individual shall

be punished by the fine prescribed in the same Articles.

Supplementary Provisions

(1) This Act shall come into force as from the date specified by a Cabinet Order

within a period not exceeding one year from the date of promulgation.

(2) In addition to what is prescribed in the following paragraph, transitional

measures necessary for the enforcement of this Act shall be specified by a

Cabinet Order.

(3) With regard to the application of penal provisions to acts committed prior to

the enforcement of this Act, the provisions then in force shall remain

applicable.

(4) With regard to the application of the provisions of paragraph (2) of Article 5,

47

for the time being, the term "location" in item (iii) of the same paragraph shall

be deemed to be replaced with "the location, and in the case where a General

Worker Dispatching Undertaking is conducted at the place of business

concerned, with regard to the services of manufacturing products (which means

services regarding work in the process of manufacturing of melting, casting,

processing, assembling, washing, painting and transporting products, etc.)

which are specified by an Ordinance of the Ministry of Health, Labour and

Welfare, taking into consideration the actuality of the employment of the

workers engaged in said services, together with the effect on the securing of

working conditions for Dispatched Workers pertaining to said services and on

the proper adjustment of labor demand and supply (hereinafter referred to as

"specified manufacturing services"), such fact".

(5) With regard to the application of the provisions of paragraph (2) of Article 40-

2 during the period until the day on which three years have elapsed from the

day of the enforcement of the Act for Partial Revision of the Employment

Security Act and the Act for Securing the Proper Operation of Worker

Dispatching Undertakings and Improved Working Conditions for Dispatched

Workers (Act No. 82 of 2003), the term "the periods prescribed respectively in

the following" in the same paragraph shall be deemed to be replaced with "one

year with regard to specified manufacturing services, and with regard to

services other than specified manufacturing services, the periods prescribed

respectively in the following".

48