Photo Discussing measures against new coronavirus infection to foreigners Persons in charge of prefectures and municipalities = Kobi-cho, Minokamo City, Kamo Regional Office
Strengthening infection control measures for foreign stores and dispatch companies Gifu Prefecture and 7 cities and 6 towns exchange opinions
If you write the contents roughly
Attendees commented that it is necessary to post infection prevention enlightenment posters at convenience stores and encourage businesses such as dispatched laborers to strengthen their countermeasures.
Kani City and Minokamo City, where foreigners account for a large proportion of people infected with the new coronavirus in Gifu Prefecture, and the surrounding municipalities ... → Continue reading
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Worker dispatch business
Worker dispatch business(Temporary employment agency services),Temporary staffing(Jinzai Haken),Worker dispatch(Roudoshahaken),Mouth(Kuchiire) isJob placement businessone of..In the classification of employment, it is classified as Temporary workers..
DispatchTemporary work agency) Is a form of employment in which a person registered in) is dispatched to a business establishment that is a dispatch destination (business partner) and dispatched labor is provided under the direction and order of the person in charge of the dispatch destination..
International Labor Treaty
International Labor TreatyIn No. 181, the worker dispatching business is permitted or notified, and it is regulated to give public protection.Japan has ratified this.
Article 1 For the purposes of this Convention, a "private vocational intermediary establishment" is a natural person or legal entity independent of a public institution that provides one or more of the following services in the labor market. ..
- (b) Employ workers for the purpose of allocating work to workers and making them available to third parties (hereinafter referred to as "user companies") who are natural persons or corporations who supervise the performance of the work. Service consisting of
Article XNUMX Member States shall, in accordance with national law and practice, provide sufficient protection to workers employed at private employment intermediary establishments as provided in Article XNUMX (b) for the following matters: Take necessary measures to secure it.
- (a) Freedom of association
- (B) Collective bargaining
- (C) minimum wage
- (D) working timeOther working conditions
- (e) Legal社会 保障Payment
- (f) Opportunity to receive training
- (g) Occupational safety and health
- (h) Compensation in case of occupational accident or illness
- (i) Compensation and protection of worker claims in case of insolvency
- (j) Maternity protection and maternity benefits and protection and benefits for being a parent
Article XNUMX Member States shall, in accordance with domestic law and practice, determine the respective responsibilities of private vocational intermediary establishments and user companies that provide the services prescribed in Article XNUMX (b) with respect to the following matters. And assign.
— 1997 Private Employment Brokers Convention (No. 181)
- (a) Collective bargaining
- (b) Minimum wage
- (c) Working hours and other working conditions
- (d) Legal social security benefits
- (e) Opportunity to receive training
- (f) Protection in the field of occupational safety and health
- (g) Compensation in case of occupational accident or illness
- (h) Compensation and protection of worker claims in case of insolvency
- (i) Maternity protection and maternity benefits and protection and benefits for being a parent
System of each country
In the United States, where the development of labor legislation is limited, there is no law that regulates the dispatch of workers, and there are only restrictions on the accumulation of past precedents and, in some states, the notification of dispatchers and the upper limit of fees.Since there is no individual law, the focus of the discussion is on the comprehensive system and how to operate it.
Companies use dispatched labor as temporary or temporary employment, but in general, if the job performance is good after a certain period of time, the dispatched company will hire them as their own workers from the beginning. In many cases, it is stipulated in a contract, and as a result, it functions as a dispatch to be introduced in Japan (such a worker dispatch contract is called Temporary to Hire).
Since there are few regulations, it is possible to design a free and flexible worker dispatching business, and in fact many dispatching companies provide a variety of services from professionals such as professionals to unskilled labor, contributing to the smoothing of the labor market. doing.On the other hand, the wage gap with regular employees and the problem of uninsured people with medical insurance are serious..
デンマークSo, there is no limit to the maximum contract period with a dispatch agent..Agents do not require approval or reporting to regulators, but equal wages and working conditions with regular workers.
GermanyThe maximum contract period with a dispatch agent is 18 months, but there is no upper limit on the number of contract renewals...Agents must be licensed by the Ministry of Labor and have a reporting obligation.
It is regulated by the enforcement of the "Labor Contract Law" (promulgated on June 2007, 6).As in Japan, worker dispatch is usually restricted to temporary, auxiliary or alternative workplaces, and double or exclusive dispatch is explicitly prohibited.Furthermore, the "Temporary Labor Dispatch Regulations" that came into effect on March 29, 2014 tightened regulations on the labor dispatch business and limited the ratio of dispatched workers to within 3% of all employees.
The first company that engages in the worker dispatching businessOil shockAfter1975It has increased rapidly since that time.Corresponding to this1985In June, the "Act on Ensuring the Proper Operation of Worker Dispatching Business and Improving Working Conditions for Dispatched Workers, etc." for the purpose of protecting dispatched workers (Worker dispatch law, Hereinafter abbreviated as "Dispatch Law")1986Enforced in July.2012Due to the revision of (24), "Ensuring proper operation of the worker dispatching business andProtection of dispatched workers, etc.LawThe title was revised.
Article 2 of the Dispatch Law defines worker dispatch as follows:.
It means to have a worker employed by oneself engage in work for the other person under the employment relationship and under the command and order of the other person, and employ the worker for the other person. It shall not include what is promised to be done. — Article 2 of the Act on Ensuring the Proper Operation of Worker Dispatching Business and Protecting Dispatched Workers
Minister of Health, Labour and WelfareIn the operation of the provisions of the Temporary Staffing Law pertaining to the worker dispatching business,Effective use of that ability throughout the entire professional lifeAnd employment practices recognized as contributing to the stability of their employmentIn principle, temporary employment is temporary and temporary.In addition to considering the idea, the supply and demand of the labor force can be adjusted by the worker dispatching business.Employment Security ActCare must be taken to ensure that the work is done in harmony with other labor force supply and demand adjustment systems set forth in (Article 25 of the Temporary Staffing Act).
Difference from business contract
In business contracting, a contract worker provides labor based on a contract contract concluded between the company with which he / she has an employment relationship (= contractor) and the ordering company.Therefore, it is defined that the command and command authority of workers lies not with the ordering company but with the contractor..
On the other hand, in worker dispatching, the dispatching company and the dispatched company conclude a dispatch contract, the dispatching company and the dispatched worker enter into an employment relationship, and the dispatched company and the dispatched worker enter into a usage relationship, so to speak, a triangle. In the relationship of..Therefore, the command and command authority of workers is granted to the company to which they are dispatched..
Classification of dispatch business (until September 2018, 9)
|General dispatch business||(Old) Specified dispatching company|
|Indefinite employment dispatch||31.1 million people||7.9 million people|
|Fixed-term employment dispatch||92.5 million people||2.1 million people|
|Business format||Permit system|
|Number of establishments||29,667 establishments||40,703 establishments|
Specific worker dispatch business
Workers who are always employed by the dispatching agency (own company)Regular employmentEmployee・ Regular dispatch) is dispatched to other companies.notificationSystem (Article 16 of the Dispatch Law, so-called "Article 16 Dispatch").
Compared to general worker dispatching companies, the range of companies and occupations that can be dispatched is narrow, but engineers (mainly computers, IT, etc.) are assigned to specific business establishments.electronics-machineContractors (mainly related to system design) that dispatchア ウ ト ソ ー シ ン グThere are many (called traders).
Article 2015 was deleted due to the revision of the law in 27, and all worker dispatching businessesPermit systemIt was integrated into the worker dispatching business of.Due to transitional measures, businesses that are engaged in the specified worker dispatching business as of September 9, 30 can continue to operate the specified worker dispatching business until September 2018, 30 (Heisei 9). After September 29, 2015, new notifications will not be accepted, and even if the office has been opened by then, change notifications related to the new establishment will not be accepted.
General worker dispatch business
Workers who are not always employed by the dispatching agency (own company)Non-regular employmentEmployee・ Registration type dispatch) is dispatched to other companies.By Minister of Health, Labor and WelfareAuthorizationsystem..TemporaryDay laborDispatch also falls under this category.If the permission of the general worker dispatching business is obtained, the specific worker dispatching business described in the preceding paragraph is also possible.Due to the 27 revision, it has been unified into a permit system regardless of whether or not it is always employed.If you were in the general worker dispatching business before the revision, you can continue to run the worker dispatching business with the permission.
Generally speaking, a "temporary agency" is widely known as a business operator of this type.
The worker dispatching business after the revision in 27 must meet all of the following requirements in order to obtain a permit.The permit is valid for 3 years for new and 5 years after renewal.
- It is not intended to provide the service of dispatching workers exclusively to a specific person.
- Must meet the following criteria as having sufficient ability to properly manage employment of dispatched workers
- Of dispatched workersCareer development support systemTo have
- After the labor contract ends, materials that manage information such as education and trainingStored for 3 yearsDoing things
- Permanent employment dispatched workersThere is no provision that you can dismiss only because of the termination of the worker dispatch contractthing.In addition, there is no provision that fixed-term employment dispatched workers can be dismissed only because the worker dispatching contract is terminated for dispatched workers whose labor contract remains at the end of the worker dispatching contract.
- If a dispatched worker whose worker dispatch contract has ended within the labor contract period is closed due to reasons attributable to the employer, such as not being able to find the next dispatch destination,(I.e.(Labor Standards ActArticle 26) There is a provision to pay
- For dispatched workersSafety and health education(Industrial Safety and Health ActEstablishing an implementation system for Article 59)
- Being an act aimed at avoiding the obligation of employment stabilization measures, and not being instructed by the prefectural labor bureau and not correcting it
- personal informationThe necessary measures have been taken to properly manage the work and keep the secrets of dispatched workers, etc.
- Must have sufficient ability to carry out the business properly
- The area of the office is approximately 20 square meters or more
- The amount obtained by deducting the total amount of liabilities from the total amount of assets (standard asset amount) must be "2,000 million yen x number of establishments" or more, and the amount of cash and deposits must be "1,500 million yen x number of establishments" or more.
Of the worker dispatches, a form that assumes direct employment at the dispatched company.
If you work as a temporary worker for a certain period of time and the dispatched company and the dispatched employee agree within the period, you will be directly employed by the dispatched company.However, it is not always possible to become a full-time employee.The premise is "direct employment", soContract employee,Part-time jobIs also included.The dispatching company is a worker dispatching businessJob placement businessBoth permission is required.The dispatch period is within 6 months.
Classification of dispatched workers
|Indefinite employment dispatch||Fixed-term employment dispatch|
|Manufacturing business||6.2 million people||22.0 million people|
|Other than manufacturing business||32.8 million people||72.6 million people|
Regular dispatch (regular dispatch (Regular employmentEmployee）
Dispatch in a state where an employment contract is always concluded between the dispatched worker and the dispatching company regardless of whether or not there is a job request from the dispatched company..Also called regular dispatch or permanent employment dispatch.
Since so-called contract employees are fixed-term direct employment and do not correspond to regular employees (employees who are directly employed indefinitely, that is, workers who are always employed), they cannot be dispatched on a regular basis.See the next section, Registered Dispatch.
Registration type dispatch (Non-regular employmentEmployee）
Dispatch in a state where an employment contract relationship arises between the dispatched worker and the dispatching company only when there is a job request from the dispatched company.Also called fixed-term employment dispatch.
- Exemption business
- No person shall engage in a worker dispatching business for any of the following tasks (Article 4 of the Dispatching Act, especially because security is equivalent to dispatching itself).In addition, a person who receives the service of worker dispatching from a business owner who conducts a worker dispatching business shall not engage in any of the following duties under the command and order (Article 1 of the Dispatching Act). Item).If any of the following jobs is included in some of the jobs that dispatched workers engage in, it is an illegal worker dispatch as a whole..
- Port operatorTsutomu (Harbor Labor LawRefers to the business specified by Cabinet Order as the business equivalent to the port transportation business prescribed in Article 2 and the business performed at ports other than the port prescribed in Article 2. )
- An employer engaged in a port transportation business may dispatch workers to the port transportation business with the permission of the Minister of Health, Labor and Welfare (Article 12 of the Port Labor Law).
- Construction industryTsutomu (Civil engineering,buildingConstruction, modification, preservation, repair, modification, destruction or destruction of other structuresDismantlingWork or work related to these preparation work. )
- This work is limited to those who directly engage in these works at the construction site.Therefore, for example, the work performed by the clerical staff at the construction site does not necessarily fall under the exemption work by law.
- forestryBusiness isafforestationWork and materials (log) It can be divided into production work, but of these, the work of preparing the ground for afforestation work is done at the construction site.LevelingThe work and work content are similar,PlantingSince the land is modified for the work of, all of them correspond to the construction work as an interpretation of the Worker Dispatching Law.
- Security LawBusiness listed in each item of Article 2
- Other work for which it is deemed inappropriate to engage dispatched workers by dispatching workers as a business in order to ensure the appropriateness of the performance of the work --SpecificallyMedical practice,Dental practice,pharmacistDoDispensing,Public health nurse-Midwife-nurseas well as the Assistant nurseHealth guidance, midwifery, medical care and medical careMedical treatmentAssistance,NutritionistNutritional guidance,Dental hygienist-Medical radiologist-Dental technicianBusiness (Introduction Dispatching,Maternity leave-Childcare leave-Nursing care leaveWorker substitutes,Remote areaOrSocial welfare facilityExcludes dispatch to (Revised in March 2006, Article 3 of the Dispatch Law Enforcement Ordinance).
- Port operatorTsutomu (Harbor Labor LawRefers to the business specified by Cabinet Order as the business equivalent to the port transportation business prescribed in Article 2 and the business performed at ports other than the port prescribed in Article 2. )
- In addition to the above, the worker dispatching business must not be carried out for the following operations, and the person who receives the worker dispatching service from the employer who conducts the worker dispatching business is subject to the command and order. Temporary workers involved in worker dispatching shall not be engaged in these tasks.
- At the dispatch destinationCollective bargainingOr at the time of labor-management consultationuserBusiness performed as a direct party on the side
- Lawyer,Foreign law attorney,Judicial scrivener,Land surveyor,Certified public accountant,Tax accountant,patent attorney,Social insurance laborer,Administrative scrivenerBusiness-Each qualified personSubcontractingIn order to carry out the relevant business in response to the above (there is no command or order for the relevant business).
- Architect office OfManaged architect - Architect lawMust be "dedicated" by.
- Prohibition of re-dispatch
- It is not possible to dispatch (re-dispatch) dispatched workers from the dispatched destination. (Article 24-2 of the Dispatch Law)
- Dispatching only to specific dispatch destinations (dispatching exclusively or establishing a company for that purpose) is also prohibited.
- Prohibition of prior interviews and discriminatory treatment
- The dispatch destination is, except when it is a dispatch to be introduced.Pre-interview(Face to face・ Do not perform "acts aimed at identifying dispatched workers" such as submitting resumes, resumes, skill sheets, etc. (including workplace tours, etc.) (Article 26, Paragraph 6 of the Dispatch Law).
- The dispatch destination is the dispatched workerCitizenship, Creed,Sex,, dispatched workersUnionA worker dispatch contract was made because of the legitimate act ofReleaseMust not be done (Article 27 of the Dispatch Law).
- Providing information
- The dispatching business owner is the number of dispatched workers related to the business for each business establishment that conducts the worker dispatching business, the number of persons who have been provided with the services of worker dispatching, the margin rate, matters related to education and training, and other relationships. Information shall be provided on matters specified by the Ordinance of the Ministry of Health, Labor and Welfare as it is appropriate to inform the person.
- When hiring, starting dispatching, or changing the dispatching fee, the dispatched worker's "fee amount related to worker dispatching (dispatching fee)" must be clearly stated to the worker (Article 34-2 of the Dispatching Act). ..
- Margin rate = (Average amount of fees paid by the dispatched agency to the dispatching agency-Average amount of wages of dispatched workers) / Average amount of dispatching fees
- 8% regulation of group company dispatch
- Dispatching to the same group company as the dispatching company must be limited to 8% or less of the total annual working hours of the worker (2012 amendment, Article 23-2 of the Dispatching Act).
- Prohibition of accepting temporary staffing for workers who have left their jobs
- When a worker directly hired by the company leaves the job, the dispatched company will work for one year after the worker (excluding those who retired at the retirement age of 60 years or older and were employed by the dispatching agency). Persons cannot be accepted as dispatches (revised in 2012, Article 40-9 of the Dispatch Law).If the dispatched worker violates this provision, the dispatched worker must promptly notify the dispatched agency in writing, and if not, the Minister of Health, Labor and Welfare will give guidance, advice, and correction recommendations to the dispatched worker.・ The company name can be announced (Article 49-2 of the Dispatch Law).
- Appointment of dispatching agency manager
- The dispatching agency is dedicated to the relevant business establishment in order to take charge of the prescribed matters regarding dispatched employment.Dispatch source managerMust be appointed (Article 36 of the Dispatch Law).The dispatching agency managerMinorIn addition, a person who has completed the dispatching agency manager training must be appointed from those who do not fall under Article 6 1 to 8 of the Dispatching Law (Article 29-2 of the Dispatching Law Enforcement Regulations).
- Business report, etc.
- The "Worker Dispatching Business Report" that describes the prescribed matters should be submitted by "The first June 6th after the month following the month to which the end date of the business year in each business year belongs" and "Worker Dispatching Business". The "Financial Statement" must be submitted to the Minister of Health, Labor and Welfare by "the day when three months have passed after each business year" (Article 30, Paragraph 3 of the Dispatch Law).
For worker dispatch contracts that have already been concluded as of September 27, 9, the period will be limited by the law before the revision, regardless of when the worker dispatch based on the contract starts.That is, the period is one year in principle.Extension is possible for up to 30 years, but the majority of the establishmentsUnionEtc. (majority labor union or majority representative) are obliged to hear the opinions (Article 40-2 of the Dispatch Law).However, if there is too much time between the conclusion of the dispatch contract and the start of dispatch, it may be recognized as an illegal act.
The following two period restrictions apply to all work for worker dispatching based on the worker dispatching contract concluded on or after September 27, 9.
- Time limit for each dispatched office
- As a general rule, the period during which you can dispatch to the same place of dispatch (the period during which you can dispatch) isUp to 3 yearsWill be.The starting date is the date on which the worker was dispatched, which is subject to the new time limit. The starting date does not change even if the dispatched worker is replaced within three years or the worker dispatching is started based on another worker dispatching contract.If you intend to extend it, the majority of the establishmentUnionIt is necessary to listen to the opinions from others.The extension period is up to 3 years, and even if it is extended, dispatched workers with the same fixed-term employment cannot continue to be dispatched to the same organizational unit beyond the time limit of the individual unit.
- The term "business establishment" here meansemployment insurance It is the same as the applicable business establishment of.If the unemployment insurance business establishment is not approved, in principle, it will not be recognized as a business establishment unit that is subject to a time limit.Those that do not have independence as one business establishment will be treated as one business establishment by including them in the most recent higher-ranking organizations.
- Regarding the work of each business establishment of the dispatch destination, when dispatching again after the end of the worker dispatch, if the period between the end of the dispatch and the start of the next dispatch does not exceed 3 months, the worker dispatch is continued. Is considered (Cooling period).It is against the purpose of the law that the dispatched party resumes accepting dispatches after a cooling period for the purpose of avoiding the extension procedure.Administrative guidanceEtc.
- Hearing opinions from the majority labor union, etc. must be made one month before the conflicting date of the time limit (two years and 1 months after the starting date).After a sufficient consideration periodIt must be made.In addition, the dispatched company must provide reference materials for the majority labor union to express their opinions, and the content of the opinions must be written in writing and stored for 3 years, and must be made known to the workers at the business establishment. It doesn't become.As a result of hearing the opinions, if there is an objection from the majority labor union, etc., the dispatched company must explain the response policy, etc., and endeavor to fully respect the opinions.
- At the time of initial acceptance, it is desirable that the dispatched company explain the acceptance policy to the majority labor union.
- Time limit for individual dispatched workers
- As a general rule, the same dispatched worker can be dispatched to the same organizational unit at the place of dispatch.Up to 3 yearsWill be.If the organizational unit is changed, the same dispatched worker can be continuously dispatched to the same business establishment, but if it exceeds 3 years, it is necessary to extend the time limit for each business establishment.
- The "organizational unit" here means that there is similarity and relevance as work, and that the head of the organization has the authority to direct and supervise work allocation and labor management.Judged according to the actual situation(Corresponds to the "section" and "group" of a general company).Even if the work of the dispatched worker changes, the dispatch period is totaled if it is within the same organizational unit.
- When the same dispatched worker is dispatched again after the end of worker dispatch for the work of the same organizational unit at the dispatched office, when the period between the end of dispatch and the start of the next dispatch does not exceed 3 months. Worker dispatch is considered to be ongoing (cooling period).
- If there is no time limit
- There is no time limit in the following cases.
- When dispatching a dispatched worker who will be employed indefinitely to the dispatching business owner
- When dispatching dispatched workers over 60 years old
- When dispatching dispatched workers to fixed-term project work with a clear end (before the 27 revision, it was a "fixed-term project within 3 years", but after the revision, if the end is clear, it will exceed 3 years. Good)
- When dispatching dispatched workers to limited-day work (working days per month is less than half that of regular workers and less than 1 days)
- Maternity leave,Childcare leave,Nursing care leaveWhen dispatching a dispatched worker to the work of a worker who acquires etc.
- Business (common name) that was once stipulated in Article 4 of the Dispatch Law Enforcement Ordinance26 Business) Is a specialized job or a special employment form is required, so it has been said that there is no limit on the dispatch period, but with the 27 revision, 26 jobs are the same as other jobs. There will be a time limit.In addition, due to the enforcement of the revised law, fixed-term employees who were engaged in 26 jobs must not be hired (even dispatched workers).Labor contract lawArticle 19 (Hire Stop Doctrine) applies).
- Day labor dispatch system
- Registration type dispatchOf these, the ones that dispatch the day laborers to be hired are especially "Day laborCalled "dispatch".The term "day laborer" as used herein means "a worker who is hired on a daily basis or for a period of up to 30 days." Due to the revision of the Temporary Staffing Law in 2012, "Business specified in Article 4 of the Temporary Staffing Law Enforcement Ordinance" "60 years old and over" "Students who are not subject to employment dispatch (so-called daytime students)" In principle, it was prohibited with the exception of "when a person with a main income of 500 million yen or more engages as a side job" (Article 500-35 of the Dispatch Law, Article 4 of the Dispatch Law Enforcement Ordinance).
Business specified in Article 4 of the Dispatch Law Enforcement Ordinance
- Information processing system development
- Mechanical design
- Equipment operation
- Interpreter, translation, shorthand
- Tour guide
- Reception / Information
- Research and Development
- Planning and planning of project implementation system
- Production and editing of books, etc.
- Advertising design
- OA instructions
- Sales engineer sales, financial product sales
Special provisions regarding the application of the Labor Standards Act, etc.
Labor Standards ActRegarding the application of the Worker Protection Law such as, etc. to the worker dispatching business, in principle, there is a labor contract relationship with the dispatched worker.The dispatching business owner is responsibleI am in a position.However, for dispatched workers, the business owner of the dispatched company, who does not have a labor contract relationship with the dispatched worker, gives specific instructions and orders for business execution, and installs equipment, machines, etc. at the place where the actual labor is provided. -Since management is also carried out, from the viewpoint of ensuring that the dispatched workers do not lack protection, it is a matter that accompanies specific employment at the dispatch destination, and from the actual situation of worker dispatch, the dispatch source For matters that are difficult to hold the responsibility of the dispatched business owner, and matters for which it is appropriate to hold the dispatched business owner responsible for the effective protection of dispatched workers, the dispatched business owner is responsible. We have established provisions regarding special provisions for the application of the Labor Standards Law, etc. (Articles 44 to 47-4 of the Dispatch Law)...The provisions regarding special provisions for the application of the Labor Standards Act, etc., impose responsibility on the dispatching business owner for specific matters, which would otherwise be borne by the dispatching business owner. The employer of the dispatching agency will be responsible for all provisions of the Labor Standards Act, etc., for which there are no special provisions.
- Labor Standards Act
- Provisions that both the dispatch source and the dispatch destination are obliged as users
- Provisions that the dispatched company is obliged as an employer
- Civil rightsGuarantee of exercise (Article 7),working time(Article 32, Article 60),Modified working hours system(Article 32-2 to Article 32-4. However, the agreement is signed by the dispatching agency. Excluding the "weekly variable working hours system"),Overtime / holiday work(Articles 33 and 36. However, the "XNUMX Agreement" is the dispatching agency),Break time(Article 34),Days Off(Article 35), Special provisions for application of working hours (Articles 40 and 41),Midnight work(Article 61),Hazardous workEmployment restrictions (Article 62, Article 64-3),Underground labor(Article 63, Article 64-2), Special provisions for working hours for pregnant women (Article 66),Childcare time(Article 67),Measures for women who have difficulty working on menstrual days(Article 68)
- Industrial Safety and Health Act
- Provisions that both the dispatch source and the dispatch destination are obliged as a business operator
- General safety and health manager(Article 10),Hygiene manager(Article 12),Safety and health promoter(Article 12-2),Industrial physician(Article 13),Hygiene Committee(Article 18), education for safety managers, etc. (Article 19-2), when work content is changedSafety and health education(Article 59, Paragraph 2),Hazardous workEducation for workers (Article 60-2), consideration for middle-aged and elderly people (Article 62),Medical checkupMeasures such as work conversion after implementation (Article 66-8)
- Provisions that the dispatched company is obliged as a business operator
- Safety manager(Article 11),Work chief(Article 14),General Safety and Health Officer(Article 15),Former safety and health manager(Article 15-2),Store company safety and health manager(Article 15-3),Safety Committee(Article 17), Measures to prevent danger or health problems of workers (Articles 20 to 36), Periodic self-inspection (Article 45), Investigation of harmfulness of chemical substances (Article 57) 4), Safety and health education at work for hazardous work (Article 59, Paragraph 3),ForemanEducation (Article 60), Employment Restrictions (Article 61),Work environment measurement(Article 65), Health examination related to harmful work (Article 66, Paragraph 2), Understanding of working hours (Article 66-8-3),Passive smokingPrevention (Article 68-2), Health and Safety Improvement Plan (Article 78, Article 79)
Employment stabilization measures
For dispatched workers based on the dispatch contract concluded on or after September 27, 9, the dispatching business owner will take measures to continue employment of the dispatched worker after the dispatch is completed (Employment stabilization measures) Must be taken.Specifically, it is as follows.The obligation will remain in effect until the dispatching employer properly fulfills it or the dispatched worker no longer wishes to continue working.Even if the employment contract ends, the obligation must be fulfilled.When taking employment stabilization measuresRespect the intention of the personHowever, you must endeavor to take the measures you desire.The dispatching business owner must describe the details of the employment stabilization measures implemented for each dispatched worker in the dispatching agency management ledger.
- Request for direct employment to the dispatched company
- Ask the dispatched worker to whom the target dispatched worker is currently working to apply for employment directly after the dispatch is completed.It is desirable to make this request by issuing a document.
- If, as a result of taking this measure, it does not lead to direct employment at the dispatched place, the dispatching employer needs to take additional measures.
- It is contrary to the purpose of the dispatching law that the dispatching agency prohibits or interferes with the direct employment of the dispatching agency, which is subject to administrative guidance.
- If the dispatched company directly employs a dispatched worker that it acceptsCareer advancement grantIs eligible for payment.
- Providing a new dispatch destination (Limited to rational ones）
- Secure new dispatch destinations and provide them to dispatched workers so that they can continue to work after the dispatch.
- This measure also applies to dispatching the target dispatched worker to the same dispatch destination as before after the dispatching business operator has made it an indefinite employment (not subject to the time limit).
- Indefinite employment by the dispatching business owner
- The dispatching business owner employs the target dispatched worker indefinitely and makes him / her work in-house (working style other than dispatched worker).
- The dispatch sourceLabor regulationsIf it is stipulated that only those who pass the examination will be hired as permanent employees by imposing a uniform examination, it cannot be said that employment stabilization measures have been taken for those who have failed the examination. It is necessary to take the measures of.
- Other measures necessary to stabilize employment
- Paid education and training conducted before providing new employment opportunities
- Temporary staffing, etc.
The target dispatched workers are
- For those who are expected to be dispatched to the same organizational unit for three consecutive years, one of 3 to 1Must take.
- Intentionally shortening the dispatch period to less than three years in order to avoid the employment stability obligation measures is subject to administrative guidance as an act of lawlessness.
- For those who are expected to be continuously dispatched to the same organizational unit for one year or more and less than three years, one must endeavor to take any of 1 to 3.
- For persons other than the above who have been employed by the dispatching business owner for a total of one year or more, efforts must be made to take any of 1 to 2.
When the dispatch destination receives a worker dispatch for the same fixed-term employment dispatched worker (specified fixed-term employment dispatched worker) from the dispatching agency for the same work for each organizational unit for one year or more, the relevant work continues. When trying to hire a worker to engage in a worker, hire a specific fixed-term temporary worker (limited to those who wish to continue working) who engaged in the work without delay. I have to try.
Career development support system
The 27 amendment made it obligatory to establish measures for the career development support system for dispatched workers in order to obtain a permit for dispatching business.Specifically, the permission criteria are as follows.
- Establish a step-by-step and systematic implementation plan for education and training with the career development of dispatched workers in mind.The content of the education and training plan is
- The education and training to be conducted is intended for all dispatched workers employed.
- Education and training to be carried outPaid and freeWhat to do in (Note the number of hours below)
- The content of the education and training to be implemented should contribute to the career advancement of dispatched workers (the reason for considering that it will contribute to career advancement must be stated in the submitted plan).
- It must include education and training (education and training at the time of employment) to be carried out when hiring as a dispatched worker.
- Education and training provided to indefinitely hired temporary workers should be designed with long-term career development in mind.
- Have a career consulting consultation desk
- A person in charge (a person who has knowledge of career consulting) must be assigned to the consultation desk.
- The consultation desk should be available to all dispatched workers to be employed.
- All desired dispatched workers can receive career consulting
- Procedures for providing dispatch destinations with career development in mind are stipulated.
- Administrative guides, manuals, etc. are in place to provide dispatched workers with the career development of dispatched workers in mind.
- Time, frequency, number of hours, etc. of education and training
- Education and training at the time of employment is essential for all dispatched workers.Training according to career path at regular intervals such as career milestonesEtc. are prepared
- Regarding the number of hours of implementation, provide about 1 hours or more of education and training opportunities every year for each dispatched worker who is expected to be employed for 8 year or more full-time.
- When implementing the above education and training plan, the dispatching business owner must consider working hours, etc. so that he / she can properly take education and training.
Step-by-step and systematic education and training
Step-by-step and systematic education and training will be conducted based on the education and training plan formulated as a career development support system.
It is desirable that the dispatching business owner formulates an appropriate career advancement plan for each dispatched worker based on consultation with the dispatched worker and implements effective education and training in line with the intention of the dispatched worker. ..Also, the education and training must bePaid / freeMust be of the costOf dispatched workerswageIt is not desirable to make up for it by reducing..If the dispatching agency voluntarily implements further education and training in addition to the required education and training, the dispatched worker will carry out these training if the participation of the dispatched worker is substantially compulsory. The time I participated inworking timeIt is necessary to calculate as and make it paid.
Promotion of equal treatment
The dispatching employer must consider the balance with workers engaged in the same type of work at the dispatched place, and consider wage determination, education and training, and welfare programs (Article 31). 2).In addition, the dispatching business owner must explain to the dispatched worker the matters considered to secure this treatment if the dispatched worker so desires, because the dispatched worker requested an explanation. Do not treat it disadvantageously (Article 31-5).
The dispatched employer must take care to provide the necessary information so that the dispatching agency can properly determine the wages of the dispatched worker.In addition, when the dispatched worker is to provide education and training closely related to the work to the dispatched worker, when requested by the dispatched agency, the dispatched worker is notified unless the dispatched agency can implement it. On the other hand, care must be taken to implement this.The dispatched company must take care to give the dispatched workers an opportunity to use the following facilities used by the dispatched workers.
- School lunch facility (dining room)
- Break room or rest area
- Changing room
Labor contract application deeming system
After October 27, 10, if the dispatched company accepts the following illegal dispatch, the dispatched company will give the dispatched worker the same labor conditions as the dispatched worker's dispatching agency at that time. It is considered that you have applied for a labor contract that includes the conditions (except when you do not know that the dispatched company falls under illegal dispatch and there is no mistake in what you did not know) (Article 1 of the Dispatching Act) 40).
- When engaged in dispatch prohibited work
- When accepting worker dispatch from an unauthorized employer
- If you accept a worker dispatch in violation of the time limit
- Worker dispatching that has been carried out before September 27, 9 is subject to the obligation to apply for a labor contract under the law before the revision, and is not subject to the system of assuming no labor contract application.
- In the case of so-called camouflage contract
The dispatching agency must clearly indicate the conflict date to the dispatched worker in advance when attempting to dispatch a worker and promptly when notified of the extension of the dispatchable period by the dispatching destination. At the same time, if the dispatched company accepts a dispatch that exceeds the conflict date (violating the time limit), it must be clearly stated that it will be subject to the labor contract application deeming system.
In Japan during the Edo periodArrangerAlternatively, there was a worker dispatching business called Kuchiiriya.The reason why we adopted the current form of worker dispatching businessaircraftIndustry(Tour conductor #dispatched tour conductor).
- 1986May 7: Enforcement
- 1999February 7: International Labor TreatyJapan ratifies No. 181.
- 1999May 12: Amendment (expansion of dispatch industry)
- 2004May 3: Amendment (Removal of ban on dispatch of manufacturing operations, legislation for dispatch to be introduced, etc.)
- This amendment is from the CabinetCouncil"Regulatory Reform Council』(OryxPresidentYoshihiko MiyauchiChairman,The RThe presidentOkutani ReikoBased on the 2002 "Second Report" submitted by the committee members and others)..With this amendment, the number of dispatched workers has increased from about 33 (2000) to about 140 million (2008), and one-third of all workersNon-regular workersIt became.
- 2006May 3: Amendment of the law that includes extension of the dispatch acceptance period, consideration for the hygiene of dispatched workers and labor insurance.
- October 2012, 10: Amendment law prohibits day labor dispatch in principle.
- October 2015, 10: Unification of temporary staffing business permit system, revision of time limit, clarification of the principle that "temporary work is temporary and temporary", and dispatching Mandatory implementation of employment stabilization measures for workers.
Until the enactment of the Worker Dispatch Law
In the Edo periodKuchiiriyaThere was a human trafficking business called.This is a master-slave relationship that originated from the system of close-knit children exchanged between military commanders during the Warring States period and the powerful tribes, and became widespread with the economic development of the Edo period. And a master-slave relationship is exchanged between Kuchiiriya.In addition, Kuchiiriya also recruits workers by seemingly (Ichigen) humor, and handles almost all occupations, from samurai servants to prostitutes.In addition, it is also called "・" or "".
Before the enforcement of the Worker Dispatching Law, as mentioned above, the poor working environment for worker dispatching that had been carried out since the Edo period was a serious problem.Employment Security ActBanned indirect employment.Nevertheless, as a "business processing contractor", the worker dispatching company dispatched workers knowing that it was illegal.
In enacting the Worker Dispatch Law, the year before the enforcement1985ToConvention on the Elimination of Discrimination against WomenRatifyLaw on ensuring equal opportunities and treatment for men and women in the field of employmentBy amendingsecretaryThere is a theory that the Worker Dispatching Law was enacted in order to continue to respond in the form of dispatching because it became impossible to recruit so-called, etc..
Paraphrasing to "temporary staffing"
In Japan, even though "worker dispatch" is the official name under the law, "worker dispatch" is purposely "Human resourcesThere are vendors and people who use the name "dispatch"..This is also said to be due to the following reasons.
- To have the meaning of direct employment to the dispatch destination
- The word "worker" is "Blue collarTo avoid it
- To give the impression that it is a business form that dispatches appropriate "human resources" and eventually provides labor services.
As an administrative example of the unclear meaning of the word temporary staffingCommercial registrationThere is precedent.2006Until now, the expression of the purpose registration of the company is required to be concrete, and a collection of purpose cases that posted the registration precedent of the company purpose.According to the report, the term "temporary staffing business" could not be registered because it lacked specificity.For this reason, in the practice of registration, expressions such as "worker dispatching business" are used in accordance with the Worker Dispatching Act.
Since 2006, registration has been possible even in the temporary staffing business,CorporationSubmits a permit application for a general worker dispatching business and a notification for a specific worker dispatching businessPrefectural Labor BureauWhen doing againstArticles of IncorporationIt is required that the purpose of the above is to carry out a "worker dispatching business", which is not permitted in the "temporary staffing business"...Therefore, in principle, a business operator who intends to carry out a worker dispatching business must set the business purpose as "worker dispatching business" instead of "human resources dispatching business".
Labor market polarization
In 2008, the OECD announced that in regular and non-regular workersEmployment protection regulationsTaking the gap as a problem, it proposes to reduce the employment protection of regular workers and to expand the employment protection and social security of non-regular workers..
Deindustrialization of industry
It has been pointed out that the expansion of the dispatch system will not train skilled engineers and clerks, leading to the hollowing out of companies and industries as a whole.It has also been pointed out that companies that use temporary staffing should accept the decline in productivity in return for low costs..
Problems as a social structure, problems as a cause of disparity
Regarding the situation of temporary staff, there is a survey result that many people choose the way of working as a temporary worker in hopes of employment opportunities after retirement.There are cases where I was forced to become a temporary worker because I had no other choice...According to the Ministry of Health, Labor and Welfare's "Comprehensive Survey on the Diversification of Employment Styles", the most common reason for choosing temporary staff was "there was no company that could work as a full-time employee", and 51.6% of temporary staff were "others". I want to change to a working style ", of which 91.6% want full-time employees.As regular employment is decreasing, the employment of temporary staff is increasing.Disparity societyIt has been pointed out that it is the cause of this.
In response, the managing director stated in the May 2007 issue of the monthly human resources business that "temporary employeesNon-regular employmentIt is a misunderstanding that the current situation is misunderstood due to the confusion between dispatch and contract, etc., which accounts for only 8% of the total. "(By the way2012The number of temporary employees in the July-September period was 7, which was 9% of all workers and only 87% of non-regular employees.).
2008 year 2 month 8 dayHouse of RepresentativesAt the budget committeeJapan Communist PartyIn a question asked by Kazuo Shii, he addressed the current issues of the worker dispatching business.For details of the questionKazuo Shii # About the worker employment problemSee.
In principle, day labor dispatch was prohibited in 2012 except for specific industries because illegal acts were discovered one after another at the dispatching company or the dispatching company (#Dispatch period）
Akihabara street magic incident,Mazda Headquarters Factory Continuous Murder CaseThe perpetrator was a temporary worker, Convenience store robbery, taxi robbery, supermarket robberyShopliftingReported an incident, "High-risk, low-return, ad hoc crimes by economically cornered people are conspicuous"..It has been reported from the perspective of crimes caused by the poor economic base of temporary staff.
The worker dispatching business is originally a service that receives the request of the dispatched company, selects the most suitable person from the registered persons, and dispatches the person to the dispatched company.Therefore, Article 26 of the Worker Dispatching Act restricts "acts aimed at identifying dispatched workers" except for dispatches scheduled for referrals that assume direct employment in the future (up to 6 months). in spite of,"""Face to faceUsing various names such as "" and "", there is a widespread act of dispatching agencies introducing dispatched workers to their dispatched destinations and asking them to hire them.Since this is illegal, the government is urging dispatching companies to strengthen their legal compliance.
Japan Business FederationIn response to the government's request for regulatory reform in the employment and labor sectorPre-interviewThe ban is fully lifted.When the ban is completely lifted, it is considered decisive that the position of dispatched workers will become weaker than it is now, and dispatched workers say.Power harassmentThere are concerns about further rampant.
In addition, in some interviews, considering the hiring of full-time employees at the time of the interview, there are reports of interviews that include substantially false content.In particular, it is extremely rare for a listed company to hire temporary staff as full-time employees (excluding factory work).
Problems with contract renewal
The one-month or three-month renewal working conditions indicated by a major worker dispatching company are:Both employers and workers have the freedom to refuse renewalsThis means that, in reality, many companies do not accept the refusal of renewal from the workers without the cause of the law. "While expecting long-term employment for one year or more, the contract requires a three-month renewal," and other disadvantageous presentations have been made to workers.On the other hand, companies are refusing to renew.
Concerns about a decline in international competitiveness
Japan is a typical processing and trading nation that is made up of importing raw materials, processing them, and exporting products.Japan produces a large number of products of the highest quality in the world and maintains international competitiveness, but it is an outsider and short-term employment requires most temporary employees to have loyalty and quality awareness to the products. Is almost impossible[Source required].
Currently, most of the cases use the worker dispatching system purely from the cost aspect, but if we do not switch to the worker dispatching system from the perspective of maintaining international competitiveness, mainly from the aspect of quality rather than cost. There is a risk that Japan's international competitiveness will gradually decline, and measures from a long-term perspective that can achieve both cost and quality are required.According to a questionnaire survey conducted by the Confederation of Automobiles for non-regular employees to their unions (response ratios in parentheses, multiple answers), "There are problems in passing on skills and technology" (52.6%), "Quality of products and services It has been pointed out that there is an impact on points such as "decrease" (28.3%)..
In addition, worker dispatch, etc.Non-regular employmentDestabilization of life due to the increase of singlesLow birthrate and aging populationIs further advanced.It has been pointed out that employment instability is a major factor that has caused a fundamental and long-term decline in Japan's international competitiveness and is shrinking Japan's domestic market.
Health insurance association
Of the business that dispatches workersIndustry groupThe "Japanese Material Dispatch Association" is2002Temporary staffingHealth insurance association(Commonly known as "Haken Health Insurance Association") was established.Traditionally, dispatched workers are the source of dispatchWorker dispatching companyBecause the contract with is usually on a monthly basis and is not continuously employedHealth insurance,Welfare pension insuranceI often did not join.
This handling increases the take-home income by not paying insurance premiums for dispatched workers, reduces the burden of insurance premiums and social insurance related affairs for the dispatching agency, and the dispatch unit price for the dispatched company. There is a merit of compression.For this reason, even if the employment relationship was repeated for a long period of time, the treatment of not enrolling in both insurance systems continued for a long time.In particular, some of those who specialize in the worker dispatching business intentionally did not join the social insurance system..
But in 2002Accounting OfficePointed out to be illegal in an inspection conducted by the Ministry of Health and Welfare..Both insurances were applied retroactively, and a large amount of insurance premiums were levied.Looking at this situation, industry groups took the lead,Health insurance associationWas the one that led to the establishment of.Kenho KenhoThere was also a way to join the insurance, but it is said that the health insurance union system was adopted because the health insurance premium rate can be set lower if the insurance population is composed only of relatively young dispatched workers.ButMedical system for elder senior citizensDue to contributions to (payments required by law), the current account balance has fallen into the red since 21 (this contribution is calculated based on the number of subscribers at the beginning). Since the contribution was decided, it tends to be a huge burden for unions with many young and low-income earners).
Also, because it is a health insurance association, the Japan Health Insurance AssociationNational Health InsuranceThere is also the merit that the rules can be set so that compensation such as leave compensation will be more generous than (National Health Insurance).
If the dispatching company is one of a group company such as a trading company, a bank, or a major manufacturer, it may take the form of joining the health insurance association of the parent company.
The Temporary Staffing Health Insurance Association was dissolved on March 2019, 3, and moved to the Japan Health Insurance Association (Kenpo) from April 31.However, some temporary staffing companies, such as Recruit Staffing (Recruit Health Insurance) and Randstad (Kanto IT Software Health Insurance), are members of unions other than the Japan Health Insurance Association.Recruit Health Insurance premium rates are generally cheaper than those of the Japan Health Insurance Association..
Counterargument from the worker dispatch affirmative side
The following counterarguments have been made mainly by the management side of the dispatch destination and the dispatch source to the criticism of the worker dispatch industry.
Criticism of the margin
Ministry of Health, Labor and WelfareResults of the worker dispatching business report published byAccording to the report, from the wages of dispatched workers (8-hour conversion) and the dispatch fee of dispatching companies (8-hour conversion), 31% for general worker dispatching and 33% for specific worker dispatching are the dispatching company's margin.The margin rate of major temporary staffing companies can be found on each temporary staffing company's website.Web articleIt is published in.
Although the worker dispatching company denies the excessive margin, most of the margin is not a ratio that can be derived from the company's financial statements, so it is difficult to confirm the authenticity and it is not credible.In most cases, even if it is assumed to be true, it is not a numerical value derived from a statistical point of view.Also,Guidelines for measures to be taken by the dispatching business owner(20Ministry of Health, Labor and WelfareNotification No. 37) provides the worker dispatching company with information on the business operation status such as the unit price of the dispatched worker, management information, and the dispatched business report in "13. Disclosure of Information" to the dispatched company and the dispatched worker. Although it is stipulated that it should be made public, the fact is that the notification itself is hardly known.
Adecco,Fuji staff(CurrentRandstadIn the case of an independent worker dispatching company such as), the profit is calculated by taking into account expenses such as social insurance (half labor and management), paid leave burden, welfare, office land rent and labor costs. For example, even if a large worker dispatching company in a prime location has a margin of 30%, it will not be profitable at face value.This is the same reason that the number obtained by dividing the annual sales of a general company (for example, printing industry or distribution industry) by the number of employees cannot be distributed as it is to the annual income of each employee.Roughly speaking, about 5% of the salary of temporary staff is allocated to paid holidays, and about 7 to 10% is allocated to social insurance.In addition to the above-mentioned obligatory expenses, personnel expenses such as accounting, sales, and personnel in charge of instructing staff, advertising expenses, land rent and utility expenses for large buildings, etc. Overall, the opinion is that a margin of about 30% must be taken to make a profit as a for-profit company.There is.But JapanInternational treatyAlthough it has not ratified the ILO Convention No. 111International Labor OrganizationBecause it is a member of ILO Convention No. 111Equal pay for equal workThere is an obligation to respect the principle of. Economic Cooperation Development Organization(OECD) Report (2008"Japan could do more to help young people find stable jobs -Japan may be able to do more so that young people can get a stable job- ")," It is recommended to fill the gap between regular and non-regular protection and correct the disparity in wages and allowances. " It cannot be denied that the wages of dispatched workers paid by dispatching companies (after deducting expenses) are lower than the international level.Therefore, the temporary staffing company needs management efforts to further reduce the deducted expenses.
It can be seen from the financial statements of the worker dispatching companies that the worker dispatching business is low-margin and high-selling.For example, it can be inferred from the fact that Tempstaff, a major worker dispatching company, had sales of 2007 billion yen in fiscal 1618, while operating income was 70 billion yen.If the net profit is about 1600 billion yen for the sales amount of 70 billion yen, the net profit of the dispatching company excluding expenses from the margin is about 4.5%.In addition, the operating income of the top five companies in the industry in the 2006 financial resultsAlthough 4.5% of Tempstaff is the largest and Pasona, the largest worker dispatching company, has an operating profit of only 3%, the sales of the entire dispatching industry exceeded 22 trillion yen according to a 5 survey by the Ministry of Health, Labor and Welfare. Even if only 3% of it is net profit, it is a huge profit of 1500 billion yen.
Full-time employees are replaced by temporary staffing, depriving them of employment opportunities as full-time employees
It has been pointed out that full-time employees in Japan have very strong status security, which suppresses the labor demand of companies and impairs employment opportunities for workers.In fact, there are limited means for non-new graduates to get a job at a company as full-time employees, and dispatched workers meet the labor demand of the company.
Temporary employees have low incomes and are the cause of so-called inequality and the working poor.
When the Worker Dispatching Act was enacted in 1986, worker dispatching was "temporary" for those who had notable skills such as simultaneous interpretation, financial processing, and software development that were difficult for regular employees of general companies. Because it was supposed to be a means of "borrowing from the outside", temporary employees were generally higher paid than regular employees, and specialists who move from one company to another ("journey man" in professional sports). It was common to consider it to be.However, the tendency of general companies (especially those in the manufacturing industry) to use worker dispatching companies as a means of reducing labor costs became remarkable from 1999 (after the revision of the law), and as of 2008, only those who have not acquired skills However, the number of companies that use temporary staffing companies is rapidly increasing as a means of accepting inexperienced workers and securing "human resources to perform routine simple tasks" rather than as an immediate force. In 2009, the Minister of Health, Labor and Welfare was banned from dispatching and accepting workers in simple operations in the manufacturing industry.Akira NagatsumaProposed by the Cabinet, but has been repeated every year since then, with the resignation of the Cabinet and the establishment of a new Cabinet, and in 2013Self-public coalitionThere is no prospect of enactment of the bill due to the revival of the bill.
Worker dispatching companies use the labor consideration that workers should get the full amount as a source of income.
Employing full-time employees by a company incurs enormous expenses, and in principle, it is necessary to set wages on the assumption that the employees will continue to be employed until retirement age (ボ ー ナ スExcludes).Furthermore, for example, if 1 temporary employees are hired as full-time employees, it means that labor management and accounting work for 1 people will be required.Inevitably, the number of managers and accounting staff will be increased, and these labor costs will also be incurred.In addition, it is difficult for regular employees to adjust employment according to the business cycle and seasonal fluctuations.For these reasons, hiring full-time employees by companies imposes a heavy burden on both initial costs and running costs.Even if a worker agency gets a margin of 5% for net income, the company will bear this burden.OffsetAnd it is also profitable for the company.Worker dispatching companies give elasticity to the labor costs of the dispatched companies and are profiting as compensation for services that strengthen the corporate constitution.
In many cases, the misunderstanding of the dispatched company is the cause of the trouble.
In many cases, the person in charge of the dispatched company treats the dispatched worker with a false recognition, leading to trouble.This is often the case in young companies using worker dispatching, but the person in charge of the dispatched worker treats the dispatched worker with the attitude that he / she should proceed with the work in the same manner as the employee, and the quota・ In some cases, grades may be required according to the employee.If the dispatched employee does not have insurance, in most cases he thinks it is only a short-term part-time job, so he receives an extremely excessive demand for a labor level equivalent to that of a full-time employee of a large company, causing trouble and the dispatched employee retires early. , There are many cases where both sides have a disadvantageous ending.
Some are temporary employeesAdvanced Information Technology Engineer ExaminationThere have also been reports of extremely excessive demands to pass[Source required]..The number of people who can pass the Advanced Information Technology Engineer Examination is limited among information processing engineers, and it is a difficult request to meet, and a person who has the ability to pass the Advanced Information Technology Engineer Examination works as a temporary employee. I rarely keep doing it.
In addition, the regular employee side constantly threatens the temporary staff to make a complaint to the dispatching agency, forcing a labor level equivalent to that of the regular employee, the relationship becomes extremely deteriorated, and the temporary staff intentionally makes a mistake or intentionally wants to resign. In some cases, it causes a loss to the temporary staff, and when the temporary staff quits, all the problems of the temporary staff are reported to the personnel and general affairs of the temporary staff, causing troubles.[Source required].
There are voices from the temporary staff side asking the general affairs and human resources managers of the company to crack down on acts such as constant threatening.In some cases, full-time employees instruct temporary staff to violate company rules for personal reasons, or even ignore company losses, or in order for full-time employees to avoid liability. There have been quite a few reports of cases where employees are forced to perform their duties without giving clear instructions and claim that they are not giving instructions to temporary staff when problems occur.[Source required]..Both the dispatched company and the dispatched employee said that it is necessary to establish a system for reporting malicious acts of regular employees from the dispatched employee side to general affairs and personnel, and to improve the environment so that the dispatched employee does not suffer any disadvantages. From[Who?].
In addition, since the temporary staff is an outsider, it is often impossible to move without instructions from the dispatched company.In some cases, temporary staffing companies do not act without instructions and are educated to be cautious about what they say and do, so if you want to take the initiative in seeking workers who act according to employees, you can use associate employees or contract employees. In some cases, it is more suitable than dispatching workers, and there have been many reports of mismatches in dispatching workers due to lack of awareness of the dispatched company.[Source required]..In addition, in the case of worker dispatching, dispatched employees are not responsible for completion, so a contractor with responsibility for completion may be more suitable.
The dispatch system is a system that benefits some workers
In the case of major worker dispatching companies, there are many renewal contracts every 3-6 months, so this can be a mental pressure for some people, but on the contrary, it is attractive that there is no need to leave the initiative to the place of employment for the rest of your life. There are a few who feel it.
For regular employees, it is the same as the average salary based on company regulations, and it is difficult for some companies to receive payment according to ability, but highly skilled workers have high salary and time. By selecting only the dispatch destinations with a high degree of freedom, the annual salary can be improved.While companies' motivation to develop human resources is decliningBy having a clear career advancement plan without relying on a company, you can earn a higher income than relying on a company in the short term.In particular, temporary employees are not treated in principle, such as retirement allowances and bonuses, but depending on the type of business and the skills of the temporary employees, the monthly take-home amount may be higher than that of regular employees with a short career in small and medium-sized enterprises.In the past, many people felt the benefit of a self-development plan to voluntarily invest in study abroad and lessons to acquire further abilities by using the temporary cash obtained from this.Certainly, if the hourly wage is 20 yen, which is said to be a high hourly wage in the 2000s, 400 million yen at the annual income level may be attractive, but since there is no salary increase, it remains 40 million yen even at the age of 400.There are many transportation expenses and own expenses, there is no salary increase even after working for many years, demand decreases extremely after the age of 40, and if there is no suitable job, the contract will be terminated even within the contract period. Has become clear one after another, and the number of those who are attractive to dispatch is decreasing sharply.
According to a survey result, about 3% of the dispatched workers working in the manufacturing industry actively selected dispatched workers due to some merit. 
As of 2008, the ratio of dispatched workers (the ratio of dispatched workers to non-regular employees) is 8%... As of 2008, the ratio of dispatched workers to the total number of employees was 2.7%..
EconomistNorihisa Iwata"If deregulation of worker dispatching had not progressed, the way to work by dispatching would have been closed and the number of unemployed would have increased. If the number of unemployed increased, the disparity would widen."..Iwata said that if the regulations on worker dispatching are tightened, companies will respond by 1) reducing non-regular employees, 2) reducing the wages of regular employees, and 3) moving to overseas with relatively low wages. Are.
EconomistHideomi Tanaka"If we completely ban dispatched workers in Japan, we could take away the jobs of the workers who were dispatched. It is better to leave the dispatching system and improve the treatment.".
- ^ "Databook International Labor Comparison" Japan Institute for Labor Policy and Training, November 2019, 11.ISBN 978-4-538-49054-0.
- ^ International Labor Treaty181 No.
- ^ a b OECD 2020.
- ^ a b Jiro Harada (2004), Temporary staffing you do not know, Bungeisha, p. 13, ISBN 483557771X
- ^ Regulatory reform centered on dispatched labor and comparison of human resources business between Japan and the United States
- ^ a b OECD Employment Outlook 2020, OECD, (2020-07), Country report: Denmark, two:10.1787/19991266, ISBN 9789264459793
- ^ a b OECD Employment Outlook 2020, OECD, (2020-07), Country report: Germany, two:10.1787/19991266, ISBN 9789264459793
- ^ Naotaka Watanabe, Masaaki Mizui & Tsugumasa Nozaki 1990.
- ^ a b c d e Naotaka Watanabe, Masaaki Mizui & Tsugumasa Nozaki 1990, p. 76.
- ^ a b "Status of worker dispatching business as of June 30, XNUMX" (Press release), Ministry of Health, Labor and Welfare Employment Security Bureau Supply and Demand Adjustment Business Division, (March 2019, 3)
- ^ Policy report (about the worker dispatch system) Demand and Supply Adjustment Business Division, Employment Security Bureau, Ministry of Health, Labor and Welfare
- ^ Worker dispatch business related business handling procedureMinistry of Health, Labor and Welfare
- ^ Worker dispatch business related business handling procedureMinistry of Health, Labor and Welfare
- ^ Five major dispatch companies with a full range of free training systems
- ^ "To create a society where dreams can be pursued Uematsu Electric Tsutomu Uematsu's challenge-Akabira-"Kamui Mintana" September 2007 issue
- ^ Japan Federation of Employers' Organizations (currentlyJapan Business FederationOne of the predecessors of.Nikkeiren) announced in 1995 a plan to switch general jobs other than the core business to temporary staffing, and there is a theory that it will be revised accordingly. "Weekly Toyo KeizaiThe June 2007, 6 issue.You can also read it in the Nikkeiren document "Japanese-style management in a new era."
- ^ Comprehensive Regulatory Reform Council "Second Report"
- ^ https://www8.cao.go.jp/kisei/siryo/sassi2/05.pdf Temporary workers can now choose from a variety of work styles
- ^ "Narrowing "non-regular labor" siege"Nikkei Business" October 2012, 7.
- ^ Daniel H. Foote, "Trial and Society: Rethinking the" Common Knowledge "of Justice," Translated by Masayuki Tamaruya, NTT Publishing, October 2006 ISBN 9784757140950
- ^ The corporate judicial person of the industry group also uses the word "temporary staffing" in its name.
- ^ Japanese lawAnd each Legal Affairs Bureau compiled
- ^ Worker dispatching business, worker dispatching business, general worker dispatching business, specific worker dispatching business, all are possible.
- ^ "Japan could do more to help young people find stable jobs”. OECD (December 2008). 2021/9/20Browse.
- ^ Temporary staff ranking is also illegal
- ^ Nagoya City: Awareness Survey on Contract / Temporary Employees "
- ^ Kumiko Seto "Can you continue to be "Haken" and be happy? Approaching the actual situation of female temporary staff"Nikkei Business Online" Nikkei BP, delivered on July 2008, 7
- ^ "Dispatch is not the cause of disparity society" ()
- ^ Ministry of Internal Affairs and Communications "Labor Force Survey"
- ^ "[Akihabara Massacre] Possessing a knife other than the knife used for the crime Is it the worst damage in the last 30 years?" Sankei Shimbun 2008.6.8
- ^ http://sankei.jp.msn.com/affairs/crime/090128/crm0901280130001-n2.htm
- ^ http://sankei.jp.msn.com/affairs/crime/090117/crm0901171228004-n1.htm
- ^ http://sankei.jp.msn.com/affairs/crime/090128/crm0901280130001-n2.htm
- ^ "Non-regular, issues in passing on automobile skills, affecting the quality of products and services" Kyodo News, delivered on September 2008, 9
- ^ Performance Record "Pasona's Corporate Strategy and Management Philosophy" Yasuyuki Nanbu(PasonaPresident and CEO) January 1999, 1
- ^ Board of Audit 11 Financial Results Inspection Report
- ^ The medical system for the elderly will change from April 20, and the insurance premiums of the health insurance association will increase sharply.
- ^ Dispatched health insurance is dissolved!Can I choose the health insurance to join?Difference between dispatched health insurance and Japan Health Insurance Association
- ^ Aggregation result of 22 worker dispatch business report
- ^ I will explain the mechanism of the dispatch fee. Dispatch staff | Japan Temporary Staffing Association
- ^ Comparison of major indicators on the income statement of the management of temporary staffing companies / listed 5 companies
- ^ [Web questionnaire survey] More than 55% of people have quotas when working as a dispatch
- ^ The percentage of companies engaged in education and training has decreased, and the cost of education and training per worker has also decreased.
- ^ Dispatched workers: 7% of the manufacturing industry is "for negative reasons" NPO survey "Mainichi Shimbun2008May 11
- ^ Norihisa Iwata "Economics that turns "anxiety" into "hope"" PHP Research Institute, 2010, p.236.
- ^ Norihisa Iwata "Economics that turns "anxiety" into "hope"" PHP Research Institute, 2010, p.237.
- ^ Norihisa Iwata "Economics that turns "anxiety" into "hope"" PHP Research Institute, 2010, p.237.
- ^ Norihisa Iwata "Economics that turns "anxiety" into "hope"" PHP Research Institute, 2010, p.238.
- ^ Hideomi Tanaka "How to enter a good company from a deviation of 40" Toyo Keizai, 2009, 180.
- Manga"Evil woman"
- Manga"Dispatched warrior Noriko Yamada"
- Drama"Haken's dignity"
- The novel "Metabora"
- Novel "Tenryuin Akiko's Diary"
- Novel / movie "Path of time"Continued: The Path of Time" "Disputed Residents-" The Path of Time "Complete Edition"
- Law Enforcement Ordinance on Ensuring Proper Operation of Worker Dispatching Business and Protection of Dispatched Workers (Worker Dispatching Law Enforcement Ordinance) - e-Gov Law Search
- OECD Employment Outlook 2020, OECD, (2020-07), two:10.1787 / 1686c758-en, ISBN 9789264459793
- Naoto Watanabe, Masaaki Mizui, Tsugumasa Nozaki "Stress of Temporary Staffing Company Employees, Organizational Commitment, Career Plan" "Management Behavioral Science" Vol. 5, No. 2, Management Behavioral Science Society, October 1990, 10, 31-75 page, NOT 110003774720.
- Business format
- The labor-employment
- Major staffing agencies