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Guidelines for measures to be taken by sending business owners
(2005 Ministry of Health, Labor and Welfare Notification No. 456)
(Final revision

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2017 Ministry of Health, Labor and Welfare Notification No. 210)

Effect
This guideline is based on the Act on Improvement of Employment of Construction Workers (hereinafter referred to as "Construction").
It is called "labor law". ) Labor applied by replacing it with the provisions of Article 44
Ensuring proper operation of worker dispatching business and protection of dispatched workers, etc.
Law (hereinafter referred to as the "Worker Dispatch Law after Replacement") Article 24-3
Measures to be taken by the sending business operator pursuant to the provisions of Chapter 3, Sections 1 and 2.
Regarding, the matters necessary for the proper and effective implementation have been stipulated.
It is a thing.
In addition, it shall be sent in accordance with the provisions of Article 24-3 of the Worker Dispatching Act after replacement.
Regarding the protection of personal information as well as the necessary matters regarding the measures that the business owner should take
It also stipulates compliance with the Act (Act No. 57 of 2003).
It is.

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Measures to be taken by the sending business owner

one

Working conditions for concluding a contract to secure employment opportunities for construction workers

Verification
The sending business operator secures employment opportunities for construction workers with the receiving business owner.
When concluding a contract, the contents of the construction work required by the host business owner,
Knowledge, skills or experience required to carry out the construction work
Standards, period for securing employment opportunities for construction workers, and other construction workers
Detailed employment conditions to be determined when concluding a employment opportunity securing contract
To grasp the crab.
two

Measures necessary to stabilize the employment of sending workers

(1) Prohibition of hiring for the purpose of becoming a sending worker, etc.
The sending business operator hires a worker for the purpose of making it a sending worker.
Do not enter.
In addition, the person who is planning to retire must not be a sending worker.
(2) Temporary surplus of workers
The sending business owner is in the construction industry only when there is a temporary surplus of workers.
It is possible to carry out a business to secure employment opportunities for working workers, and it is always possible.
It is not possible to have a sending worker perform a sending employment.

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For this reason, the sending business operator has eliminated the temporary surplus of workers.
Occasionally, secure employment opportunities for construction workers in the certification plan
Send out employment even at the time when the project is supposed to be implemented
You can't do that.
It should be noted that the sending business owner increased the number of employees, which is a reasonable reason.
Withdrawal of orders related to the construction business, the amount of business in the construction business
The sending business operator avoids the surplus of workers, etc.
If there is a surplus of workers due to failure to make such efforts,
Occasionally it is not admitted that workers have become surplus.
Also, in the same fiscal year, the sending business owner sends the sending worker.
The total number of workers who have been employed is the construction industry employed by the sending business owner.
Five of the total number of workers who engaged in the construction work that they carry out
When it exceeds the percentage, it is recognized that the workers are temporarily surplus.
Don't do it.
(3) Sending period for each sending worker
The sending business owner is a sending worker's sending employment for each business year.
The number of days does not exceed 50% of the prescribed number of working days for the sending worker
To be.
(4) Implementation of safety and health education
The sending business operator appropriately implements safety and health education for sending workers.
To do.
(5) Working conditions such as wages related to the dispatched working period
The sending business owner employs working conditions such as wages even during the sending work.
Must be observed based on the contract, etc.
Is the sending business operator the receiving business operator due to the bankruptcy of the receiving business operator?
Even if you have not received payment for the dispatched employment, etc.
Must pay appropriate wages to sending workers based on employment contracts, etc.
There is a need.
In addition, the rent related to the sending employment period because of sending employment
It is not appropriate to reduce working conditions such as money.
(6) Prohibition of dismissal after sending work
The sending business owner is a construction business because the sending work has ended.
Do not dismiss the worker.
(7) Should be taken when canceling the contract to secure employment opportunities for construction workers
Measure

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The sending business owner has a contract period of the construction worker employment opportunity securing contract
For reasons other than those attributable to the sending worker before it expires
If the contract for securing employment opportunities for construction workers is canceled,
In cooperation with the accepting business owner related to the construction worker employment opportunity securing contract,
Receive a mediation for employment at the affiliated company from the host business owner, etc.
As a result, the dispatched worker related to the contract to secure employment opportunities for the construction worker
To secure new employment opportunities. In addition, construction work workers employment
With the cancellation of the opportunity securing contract, the sending business operator becomes the construction worker
If you intend to dismiss a sending worker who is involved in securing business opportunities,
The sending business operator is based on the Labor Standards Act (Act No. 49 of 1947), etc.
To fulfill our responsibilities.
three Appropriate grievance handling
The sending business owner is the person who receives the complaint of the sending worker, the sending business owner.
How to handle complaints in, cooperation between sending business owner and receiving business owner
The system for securing employment opportunities for construction workers is stipulated in the contract for securing employment opportunities.
thing. In addition, the date when the complaint was submitted to the transmission management ledger, among the complaints
Received complaints and grievances regarding the status of handling complaints and complaints
Describe each time it makes sense. In addition, complaints from sending workers
Disadvantageous take to the sending worker because of receiving the delivery
Do not treat it.
four

Promotion of application of labor and social insurance
The sending business operator should properly proceed with the application procedures for employment insurance and social insurance.

When. Employment insurance and health insurance under the jurisdiction of the Japan Health Insurance Association, welfare annuity insurance
For workers who do not have social insurance, which is borne by the employer
Do not be a sending worker.
In addition, for workers' accident compensation insurance, dispatched workers will be dispatched to work.
Regarding the construction business, the government has been notified regarding the establishment of insurance relations.
To the host business owner about the fact or the fact that it is to be notified
On the other hand, check in advance.
Five

Establishing a contact system with the host business owner
The sending business operator regularly patrols the working place of the sending worker, etc.

Therefore, the employment situation of sending workers is the contract for securing employment opportunities for construction workers.
While confirming that it does not violate the regulations, the appropriateness of the sending worker
Started the implementation status of health examinations and safety and health education to secure a good employment
Target contact and coordination with the host business owner by providing detailed information, etc.
Do it properly.

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In addition, the sending business owner calculates the extra wages, etc., and employs the sending business.
Request information from the host business owner regarding the actual working hours of workers
That.
Six

Clarification of working conditions for sending workers
The sending business owner is a sending worker by utilizing the model employment condition statement.

Clarify the working conditions for.
Seven Prohibition of disadvantageous treatment when making a worker a new sending worker
Stop
The sending business owner newly hires the worker to work as a construction worker.
When trying to secure an opportunity, the worker gives consent
Dismissal or other disadvantageous treatment of the worker due to lack of
Do not do.
Eight Stabilization of employment and promotion of welfare of sending workers, etc.
(1) Matters to be noted regarding fixed-term employment dispatch workers, etc.
I

The sending business operator shall be the provision of Article 30, Paragraph 1 of the Worker Dispatching Act after replacement.
According to the measures from items 2 to 4 of the same paragraph (hereinafter referred to as "employment stabilization measures""
That is. ) Is subject to the employment stabilization measures.
Fixed-term employment sending workers, etc. (fixed-term employment sending workers, etc. prescribed in the same paragraph)
To say. same as below. ), In contrast to career consulting (professional ability)
Power Development Promotion Act (Act No. 64 of 1947) stipulated in Article 2, Paragraph 5
Setting up the professional life of workers among the career consulting
It means to provide consultation and other assistance regarding the total. ) And labor contracts
Take advantage of opportunities such as interviews when updating, or use e-mail
Continued after securing employment opportunities for construction workers
Whether you want to work and what kind of employment stabilization measures you want
To grasp.

B

When the sending business owner takes employment stabilization measures, the employment concerned
Employment security desired by fixed-term employment dispatched workers, etc. subject to stabilization measures
Strive to take regular measures.

C

When the sending business owner takes employment stabilization measures, the employment concerned
Construction workers such as fixed-term employment dispatch workers who are subject to stabilization measures
Sending out the fixed-term employment early, not just before the end of securing employment opportunities
After hearing about the contents of employment stabilization measures desired by workers, etc.
Start the measures with sufficient time.

(2) Employment opportunities that match the aptitude, ability, experience, wishes, etc. of sending workers
Securing, etc.

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The sending business operator, regarding the sending worker, the aptitude of the sending worker,
Taking into account abilities, experience, etc., to secure the most suitable employment opportunities
Both work period and day, working hours, working place, accepting business owner
Conforms with the wishes of the sending worker regarding the working environment, etc.
You must strive to secure such employment opportunities. Also,
Sending workers have employment opportunities by utilizing their knowledge, skills, experience, etc.
In view of the fact that the dispatching business operator has obtained the above, the worker dispatching law after replacement
We must take measures such as education and training pursuant to the provisions of Article 30-2.
Secure education and training opportunities that are closely related to employment opportunities
What you have to do.
(3) Career advancement measures for sending workers
I

The sending business operator, for the sending worker to be hired, the labor after replacement
Appropriate education and training pursuant to the provisions of Article 30-2, Paragraph 1 of the Worker Dispatching Act
What you have to do.

B

Sending business owners receive appropriate education and training for the sending workers they employ.
Care must be taken so that the lecture can be taken. In addition, the sending business owner
Providing multiple opportunities to attend education and training, or setting the date and time of the event
By giving consideration to this, sending workers are educated and trained as much as possible.
It is desirable to make it easier to attend.

C

The sending business owner plans to advance the career of the sending worker he employs.
At the same time, in order to contribute to the proper employment management, the sending worker
Period for securing employment opportunities for construction workers related to
On the day, the type of construction work engaged in, the worker dispatching law after replacement, thirty
Date and time and contents of education and training prescribed in Article 7, Paragraph 1, Item 9
Try to save the documents that describe.

(4) Handling in consideration of the balance with the workers of the host business owner
I

The sending business operator decides the wages of the sending worker to be hired.
The purpose of the provisions of Article 30-3, Paragraph 1 of the Worker Dispatching Act after replacement
Based on the above, the same type of construction work as the construction work engaged by the sending worker
Equilibrium with the wage level of workers employed by host business owners engaged in
The same type of construction as the construction work that the sending worker is engaged in, while taking into consideration
Wage level of general workers engaged in business or of the sending worker
Try to consider the content, ability or experience of the job. Well
In addition, the sending business owner appropriately grasps the job results, motivation, etc. of the sending worker.
Grasp and strive to determine appropriate wages according to the results of the job concerned
That.

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B

Engage in the same type of construction work as the construction work that the sending worker engages in
Considering the balance with the wage level of the workers employed by the host business owner
With only the result, the wage of the sending worker will be reduced from before.
Such treatment shall be handled in Article 30-3, Paragraph 1 of the Worker Dispatching Act after replacement.
It cannot be said that the response is based on the purpose of the regulation.

C

The sending business owner charges for securing employment opportunities for construction workers.
Negotiations with the host business owner regarding the amount are employment opportunities for the construction worker
Extremely important for improving the treatment of dispatched workers for securing
With that in mind, try to engage in the negotiations.

D

The sending business owner charges for securing employment opportunities for construction workers.
If the amount is raised, the construction worker concerned, wherever possible
Strive to raise wages for sending workers to secure employment opportunities
That.

E

The sending business operator shall be the worker dispatching law after the replacement, Article 30-3, paragraph (2).
Construction related to securing employment opportunities for construction workers based on the purpose of the regulations
Lending of goods useful for smooth business execution and implementation of education and training
Regarding measures such as welfare of sending workers such as
Acceptance to engage in construction work similar to that of workers
Understand the actual conditions of the welfare, etc. of the workers employed by the employer, and receive the relevant information.
Take necessary measures in consideration of the balance with the workers employed by the employer
Try to take it.

F

The sending business operator is the 31st of the Worker Dispatching Act after the sending worker has replaced it.
The relevant reason is that an explanation was requested pursuant to the provisions of Article 2 (2).
Do not treat the sending worker unfavorably.

Nine Dissemination of relevant laws and regulations to relevant parties
The sending business owner is the sending business owner according to the provisions of the Worker Dispatch Law after replacement.
And the details of the measures to be taken by the host business operator and the Worker Dispatch Law after replacement
Exceptions to the application of the Labor Standards Act, etc. prescribed in Chapter 3, Section 4
Held briefing sessions, etc., and distributed documents in order to ensure that all parties concerned with the decree are informed.
Take measures such as cloth.
Ten

Protection of personal information

(1) Collection, storage and use of personal information
I

The sending business operator is the scope of the purpose of properly managing the employment of sending workers.
Within, in the personal information of the sending worker ((1) and (2), simply "individual"
Information. " ) Will be collected, and the following personal information will be collected.
Do not collect. However, there are special business needs

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It is indispensable to achieve the purpose of other business and the purpose of collection
This is not the case when collecting from the person showing.
(B) Race, ethnicity, social status, family origin, registered domicile, place of birth and other societies
Matters that may cause discrimination
(B) Thought and creed
(C) Status of participation in the labor union
B

When collecting personal information, the sending business owner collects it directly from the person himself / herself.
Or legally, such as collecting from a person other than the person with the consent of the person
Must be by fair means.

C

The storage or use of personal information shall be limited to the scope of the purpose of collection.
Due to the nature of the construction work worker employment opportunity securing business system, the sending business
The personal information of the sending worker that the Lord can provide to the host business owner is
Accepted business pursuant to the provisions of Article 35, Paragraph 1 of the Worker Dispatching Act after replacement
In addition to the matters to be notified mainly, regarding the business performance of the sending worker
It should be limited to the information to be provided. However, other storage or
When the purpose of use is indicated and the consent of the person is obtained, or as stipulated in other laws
If so, this is not the case.

(2) Appropriate management
I

Regarding personal information related to its storage or use, the sending business owner then
In addition to taking the following measures appropriately, in response to requests from sending workers, etc.
In response, the content of the measures must be explained.
(B) Personal information is accurate and up-to-date to the extent necessary according to the purpose.
Measures to keep things
(B) Measures to prevent loss, destruction and falsification of personal information
(C) Access to personal information by persons without legitimate authority
Measures to prevent
(D) Personal information that no longer needs to be stored for the purpose of collection
Measures to destroy or delete

B

The sending business owner knows the personal information that corresponds to the secret of the sending worker, etc.
If obtained, the personal information will be known to others without a justifiable reason.
Strict control must be carried out so that there is no such thing.

C

The sending business owner has the rules for proper management of personal information including the following items.
Must be created and adhered to.
(B) Matters concerning the range of persons who can handle personal information
(B) Education and training for those who handle personal information
Matters

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(C) Disclosure or correction (deletion) of personal information when requested by the person
including. same as below. ) Handling
(D) Matters concerning the handling of complaints regarding the handling of personal information
D

The sending business owner has requested the disclosure or correction of personal information.
Do not treat the person disadvantageously because of
Not to be.

(3) Compliance with the Law Concerning the Protection of Personal Information, etc.
In addition to what is specified in (1) and (2), the sending business owner is personal information.
Personal information handling business operator prescribed in Article 2, Paragraph 5 of the Act on the Protection of
(Hereinafter referred to as "personal information handling business operator"), the same
Must comply with the obligations stipulated in Chapter 4, Section 1 of the Act.
In addition, even if you are not a business operator handling personal information, personal information
Strive to ensure the proper handling of personal information in accordance with the information handling business operator
thing.
eleven

Prohibition of cooperation for acts aimed at identifying sending workers
Stop etc.

(1) The sending business operator shall identify the sending worker by the receiving business operator.
Do not cooperate with acts aimed at. In addition, sending labor
A person visits a business office before the start of employment at his / her own discretion.
Is for the purpose of identifying the sending worker by the receiving business owner.
It does not correspond to the act of doing, and it can be carried out, but it is sent.
The employer should not require the sending worker to do these things.
Coordination for acts aimed at identifying sending workers, such as
Be careful not to touch the prohibition of force.
(2) The sending business operator has employment opportunities for construction workers with the receiving business owner.
In concluding a security contract, the Employment Security Act (Showa 22)
Law No. 141) Comply with the provisions of Article 3 and send labor
Describe the gender of the worker in the construction work worker employment opportunity securing contract, and
Based on this, the sending worker should be sent to the receiving business owner.
Don't be.
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Measures related to safety and health
Sending business owners can properly provide safety and health education to sending workers

The business owner who receives the information related to the construction work in which the sending worker is engaged.
Obtain from, take employment measures based on the results of medical examinations, etc.
If the cooperation of the host business operator is required, the host business owner will be contacted.
On the other hand, sending labor such as requesting cooperation in the implementation of the measures

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Necessary contact with the host business owner to implement measures related to the safety and health of the person
Make adjustments, etc.
Thirteen Securing employment opportunities for construction workers who plan to introduce employment
Prohibition of
The business system for securing employment opportunities for construction workers is now available at the business establishment of the sending business owner.
This is to maintain the employment of sending workers and stabilize their employment.
Therefore, employment opportunities for construction workers are planned to be introduced.
It cannot be secured.

