70. Law For Securing The Proper Operation Of Worker Dispatching Undertakings And Improved Working Conditions For Dispatched Workers


(1) PURPOSE OF THE LAW AND SYSTEM
The objective of this Law is to secure proper operation of worker dispatching agencies in labor demand and supply adjustment in conjunction with the Employment Security Law and working conditions of dispatched workers, and thereby contribute to the improvement of welfare and employment secirity of dispatched workers.

(2) OUTLINE OF THE LAW AND SYSTEM
The Law describes permission for general worker dispatching business (Article 5), worker dispatch contract (Articles 26 through 29), measures to be taken by worker dispatching agencies (Articles 30 through 38), measures to be taken by clients (Articles 39 through 43), and special application of the Labour Standards Law and the Industrial Safety and Health Law (Articles 44 through 47-2), etc.

(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Enforcement Order of the Law for Securing the Proper Operation of Worker Dispatching and Improved Working Conditions for Dispatched Workers
Enforcement Regulations of the Law for Securing the Proper Operation of Worker Dispatching and Improved Working Conditions for Dispatched Workers

(4) OUTLINE OF THE CONTROL
1) Items Covered
Worker dispatching business

2) Outline of Specifications, Standards and Inspections, etc.
i. Content of the Control
Workers shall not be dispatched to port transport services, construction work, guard services or other services deemed inappropriate by cabinet order (Article 4).
Any person who intends to carry out general worker dispatching business shall obtain permission from the Minister of Health, Labour and Welfare (Article 5).
Any person who intends to carry out specified worker dispatching business shall submit a formatted notification to the Minister of Health, Labour and Welfare (Article 16).

ii. Criteria for Granting permission
(1) Worker dispatching business shall not be carried out for the purpose of providing labor force to specified persons (except for the cases prescribed in the Ministry of Health, Labour and Welfare ordinance, where it is necessary for the continuity of employment of the workers whose employment opportunities are especially scarse.)
(2) Permission applicants shall have sufficient ability of proper employment management of dispatched workers.
(3) Permission applicants shall have measures necessary for proper management of individual information and observance of the privacy of dispatched workers.
(4) In addition to (2) and (3), permission applicants shall have sufficient ability to carry out worker dispatching business properly (Article 7).
In granting permission for worker dispatching business, the Minister of Health, Labour and Welfare shall issue license in accordance with the Ministry of Health, Labour and Welfare Ordinance (Article 8). The term of validity of the permission shall be three years for new license and five years for renewal (Article 10).

(5) HIGHLIGHTS OF THE RECENT AMENDMENT
The amendment in December, 1999 expanded the scope of worker dispatching by providing that worker dispatching become available to any business areas in principle but for the areas prohibited provided as a negative list (It was originally prohibited in principle except for some legally permitted areas). Also, measures for protection of dispatched workers were enhanced.
Further amendment in March, 2004 includes: 1) extension of the period of receiving worker dispatching services, with approval from the majority of the workers representation, to maximum of three years in the business areas where the period was formerly limited to one year; 2) allowance of worker dispatching to manufacturing business and job introduction dispatching to healthcare-related services; and 3) change of permission for general worker dispatching and notification of specified worker dispatching from branch-based to company-based.

(6) REFERENCE INFORMATION
(Liaison Office for Further Information)
Employment Service Division, Employment Security Bureau
Ministry of Health,Labour and Welfare
Tel: 03-5253-1111 (Ext. 5745) http://www.mhlw.go.jp