The bill to amend the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (the "Worker Dispatching Act") was enacted on September 11, 2015, and came into force on September 30, 2015.
The amendment states that (1) all dispatching organizations need to obtain permission from the government to dispatch workers (formerly, merely a notification to the government was enough depending on the dispatched worker's employment status); (2) dispatching organizations are obligated to provide education, training and career consulting to dispatched workers, and to, at the end of the dispatch period, take measures to aid dispatched workers achieve stable employment and (3) the "26 special job categories" which had no restrictions on dispatch periods have been abolished and, regardless of job category, the period for which employers may continuously receive workers from dispatching services at the same premises is limited to 3 years in principle (the "period restriction per premise"), and the maximum dispatch period in which a specific dispatched worker may work in the same department or group is limited to 3 years (the "period restriction per individual dispatched worker"). However, as an exception to the period restriction per premise, a dispatch period in excess of 3 years is allowable upon consultation with a major labor union or other representative (i.e., a labor union consisting of a majority of employees or a person representing the majority of employees) at least one month before the expiration of the dispatch period to be extended.
This amendment enables employers, subject to the appropriate completion of the period restriction per premise procedures, (1) to extend the dispatch period to more than 3 years by changing dispatched workers every 3 years, and (2) to utilize the same worker for more than 3 years by changing the department or group where he or she works. On the other hand, it should be noted that dispatched workers in the job categories falling under the now defunct "26 special job categories" are now subject to both the period restriction per premise and the period restriction per worker. Thus, for employers to receive dispatched workers in those categories for more than 3 years, it will be necessary to implement new measures including having timely consultations with major labor unions or other representatives, and making timely arrangements to shift dispatched workers between departments or groups. While the amendment includes certain transitional measures, employers who are planning to execute dispatch contracts in the future will need to establish a system for managing dispatched workers in accordance with the new rules.
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