Enforcement Order of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers(Cabinet Order No. 95 of 1986)
Last Version: Cabinet Order No. 376 of 2007
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令和3年9月11日
- 最終更新:平成十九年政令第三百七十六号
- 翻訳日:令和3年7月6日
- 辞書バージョン:14.0
Enforcement Order of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers
Cabinet Order No. 95 of April 3, 1986
(Work Specified by Cabinet Order under Article 4, Paragraph (1), Item (i) of the Act)
Article 1Work specified by Cabinet Order under Article 4, paragraph (1), item (i) of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (hereinafter referred to as the "Act") is to be work pertaining to the following acts performed, in response to another person's demand, at ports other than those prescribed in Article 2, item (i) of the Port Labor Act (Act No. 40 of 1988) which are prescribed in Article 2, paragraph (4) of the Port Transportation Business Act (Act No. 161 of 1951) (the ports are referred to as "specified ports" in item (iii)):
(i)among port transport work prescribed in Article 2, paragraph (1) of the Port Transportation Business Act, acts falling under any of items (ii) through (v) of the same paragraph;
(ii)acts listed in Article 2, items (i) and (ii) of the Enforcement Order of the Port Labor Act (Cabinet Order No. 335 of 1988);
(iii)the carrying-in of cargoes transported by ship or lighter or by making a raft into warehouses located in the areas specified by the Minister of Health, Labour and Welfare within around 500 meters from the shore of specified ports (within around 1,000 meters at Mizushima Port and around 1,500 meters at Kagoshima Port) (such warehouses exclude those which handle only cargoes other than those pertaining to transport by ship or lighter or by making a raft; hereinafter referred to as "warehouses located in specified ports" in this Article) (the carrying-in excludes the carrying-in of cargoes from sheds or other cargo handling facilities performed by a person other than those engaged in a port transport related business prescribed in Article 2, paragraph (3) of the Port Transportation Business Act that pertains to acts listed in item (i) of the same paragraph or businesses listed in Article 3, items (i) through (iv) of the same Act or a warehouse business prescribed in Article 2, paragraph (2) of the Warehousing Business Act (Act No. 121 of 1956) that pertains to warehouses located in specified ports (hereinafter such person is referred to as "specified port transport related business operator" in this Article); the carrying-out of cargoes to be transported by ship or lighter or by making a raft from warehouses located in specified ports (excluding the carrying-out of cargoes to be carried into sheds or other cargo handling facilities which is performed by a person other than specified port transport related business operators); or cargo handling at warehouses located in specified ports; provided, however, in the case of refrigerated warehouses, that the carrying-in of cargoes from cargo handling facilities attached to the warehouses into refrigerating rooms, the carrying-out of cargoes from refrigerating rooms into cargo handling facilities attached to the warehouses and cargo handling at refrigerating rooms are excluded;
(iv)the carrying-in of cargoes transported by road vehicles prescribed in Article 2, paragraph (1) of the Road Transport Vehicle Act (Act No. 185 of 1951) or train (including railcars) (hereinafter referred to as "vehicles, etc." in this item) into warehouses located in specified ports or sheds or other cargo handling facilities (excluding the carrying-in of the cargoes performed by a person other than specified port transport related business operators) and the carrying-out of cargoes to be transported by vehicles, etc. from warehouses located in specified ports or sheds or other cargo handling facilities (excluding the carrying-out of the cargoes performed by a person other than specified port transport related business operators); provided, however, in the case of refrigerated warehouses, that the carrying-in of cargoes from cargo handling facilities attached to the warehouses into refrigerating rooms and the carrying-out of cargoes from refrigerating rooms into cargo handling facilities attached to the warehouses are excluded.
(Work Specified by Cabinet Order under Article 4, Paragraph (1), Item (iii) of the Act)
Article 2(1)Work specified by Cabinet Order under Article 4, paragraph (1), item (iii) of the Act is to be as follows (excluding cases where employment placement dispatching is carried out for the work, where the work falls under Article 40-2, paragraph (1), item (iii) or (iv) of the Act, and where the place at which a dispatched worker for work listed in item (i) engages in work is in a remote rural area, or in a place specified by Order of the Ministry of Health, Labour and Welfare as a place where it is necessary to have dispatched workers engage in work listed in the same item for worker dispatching services carried out on a regular basis for the purpose of securing medical care in the region (excluding a place in remote rural areas)):
(i)medical practice prescribed in Article 17 of the Medical Practitioners' Act (Act No. 201 of 1948) (limited to medical practice conducted at hospitals prescribed in Article 1-5, paragraph (1) of the Medical Care Act (Act No. 205 of 1948) or clinics prescribed in paragraph (2) of the same Article (excluding those specified by Order of the Ministry of Health, Labour and Welfare; hereinafter referred to as "hospitals, etc." in this Article), birth centers prescribed in Article 2, paragraph (1) of the same Act (hereinafter referred to as "birth centers" in this Article), geriatric health care institutions prescribed in Article 8, paragraph (25) of the Long-Term Care Insurance Act (Act No. 123 of 1997) (hereinafter referred to as "geriatric health care facilities" in this Article), or homes of persons who receive medical care (hereinafter referred to as "homes" in this Article));
(ii)dental practice prescribed in Article 17 of the Dentists Act (Act No. 202 of 1948) (limited to dental practice conducted at hospitals, etc., geriatric health care facilities or homes);
(iii)preparation of drugs prescribed in Article 19 of the Pharmacists Act (Act No. 146 of 1960) (limited to the preparation of drugs conducted at hospitals, etc.);
(iv)work prescribed in Articles 2, Article 3, Article 5, Article 6, and Article 31, paragraph (2) of the Act on Public Health Nurses, Midwives and Nurses (Act No. 203 of 1948) (including work that is allowed to be performed to assist in medical care pursuant to the provisions of other laws and regulations, notwithstanding the provisions of Article 31, paragraph (1) and Article 32, and limited to work performed at hospitals, etc., birth centers, geriatric health care facilities or homes (excluding home visit bathing services prescribed in Article 8, paragraph (3) of the Long-Term Care Insurance Act and home visit bathing services for preventive care prescribed in Article 8-2, paragraph (3) of the same Act));
(v)work prescribed in Article 1, paragraph (2) of the Dietitians Act (Act No. 245 of 1947) (limited to work pertaining to nutritional guidance necessary for the medical treatment of injured and sick persons which is performed at hospitals, etc., geriatric health care facilities or houses);
(vi)work prescribed in Article 2, paragraph (1) of the Dental Hygienists Act (Act No. 204 of 1948) (limited to work performed at hospitals, etc., geriatric health care facilities or homes);
(vii)work prescribed in Article 2, paragraph (2) of the Radiology Technicians Act (Act No. 226 of 1951) (limited to work performed at hospitals, etc., geriatric health care facilities or homes);
(viii)work prescribed in Article 2, paragraph (1) of the Dental Technicians Act (Act No. 168 of 1955) (limited to work performed at hospitals, etc.).
(2)The remote rural areas under the preceding paragraph are to be municipalities specified by Order of the Ministry of Health, Labour and Welfare which include areas falling under any of the following items:
(i)remote island regions designated as regions at which remote islands development measures are to be implemented pursuant to the provisions of Article 2, paragraph (1) of the Remote Islands Development Act (Act No. 72 of 1953);
(ii)areas of the Amami Islands prescribed in Article 1 of the Act on Special Measures for the Amami Islands Promotion and Development (Act No. 189 of 1954);
(iii)remote areas prescribed in Article 2, paragraph (1) of the Act on Special Financial Measures for Comprehensive Development of Public Facilities for Distant Areas (Act No. 88 of 1962);
(iv)mountain village areas for development designated pursuant to Article 7, paragraph (1) of the Mountain Villages Development Act (Act No. 64 of 1965);
(v)the Ogasawara Islands region prescribed in Article 2, paragraph (1) of the Act on Special Measures for the Ogasawara Islands Development (Act No. 79 of 1969);
(vi)the underpopulated area prescribed in Article 2, paragraph (1) of the Act on Special Measures for Promotion for Independence for Underpopulated Areas (Act No. 15 of 2000);
(vii)remote island regions prescribed in Article 3, item (iii) of the Act on Special Measures for the Promotion and Development of Okinawa (Act No. 14 of 2002).
(Provisions of Laws Relating to Labor under Article 6, Item (i) of the Act Specified by Cabinet Order)
Article 3The provisions of laws relating to labor under Article 6, item (i) of the Act which are specified by Cabinet Order are as follows:
(i)the provisions of Article 117, Article 118, paragraph (1) (limited to the parts pertaining to the provisions of Article 6 and Article 56), Article 119 (limited to the parts pertaining to the provisions of Article 16, Article 17, Article 18, paragraph (1), and Article 37), and Article 120 (limited to the parts pertaining to the provisions of Article 18, paragraph (7) and Articles 23 through 27) of the Labor Standards Act (Act No. 49 of 1947) and the provisions of Article 121 of the same Act pertaining to the relevant provisions (including as applied pursuant to the provisions of Article 44 (excluding paragraph (4)) of the Act);
(ii)the provisions of Article 63, Article 64, Article 65 (excluding item (i)), and Article 66 of the Employment Security Act (Act No. 141 of 1947) and the provisions of Article 67 of the same Act pertaining to those provisions;
(iii)the provisions of Article 44 of the Minimum Wage Act (Act No. 137 of 1959) and the provisions of Article 46 of the same Act pertaining to the provisions of Article 44 of the same Act;
(iv)the provisions of Article 49, Article 50, and Article 51 (excluding items (ii) and (iii)) of the Act on the Improvement of Employment of Construction Workers (Act No. 33 of 1976) and the provisions of Article 52 of the same Act pertaining to those provisions;
(v)the provisions of Article 18 of the Act on Ensuring Wage Payment (Act No. 34 of 1976) and the provisions of Article 20 of the same Act pertaining to the provisions of Article 18 of the same Act;
(vi)the provisions of Article 48, Article 49 (excluding item (i)), and Article 51 (limited to the parts pertaining to items (ii) and (iii)) of the Port Labor Act and the provisions of Article 52 of the same Act pertaining to those provisions;
(vii)the provisions of Article 19, Article 20, and Article 21 (limited to the parts pertaining to item (i)) of the Act on the Promotion of Improvement of Employment Management in Small and Medium-Sized Enterprises for Securing Manpower and Creating Quality Jobs (Act No. 57 of 1991) and the provisions of Article 22 of the same Act pertaining to those provisions;
(viii)the provisions of Article 62, Article 63, and Article 65 of the Act on Childcare Leave, Caregiver Leave and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of 1991) and the provisions of Article 66 of the same Act pertaining to those provisions;
(ix)the provisions of Article 32, Article 33, and Article 34 (limited to the parts pertaining to item (i)) of the Act concerning the Security of Forestry Work Force (Act No. 45 of 1996) and the provisions of Article 35 of the same Act pertaining to those provisions;
(x)the provisions of Article 118, Article 119, and Article 121 of the Labor Standards Act as applied pursuant to the provisions of Article 44, paragraph (4) of the Act and the provisions of Article 119 and Article 122 of the Industrial Safety and Health Act (Act No. 57 of 1972) as applied pursuant to the provisions of Article 45, paragraph (7) of the Act.
(Work Specified by Cabinet Order under Article 40-2, Paragraph (1), Item (i) of the Act)
Article 4Work specified by Cabinet Order under Article 40-2, paragraph (1), item (i) of the Act are as follows:
(i)work to design or maintain a system that functions by using computers (including analysis conducted prior to, following, or related to designing or maintenance) or work to design, create or maintain a program (meaning commands to computers which are combined to obtain a single result; the same applies in items (xxiii) and (xxv));
(ii)work to design or draft (including molding) machinery, equipment, or apparatus (including parts thereof; hereinafter referred to as "machinery, etc." in this item and item (xxv)) or facilities consisting of machinery, etc.
(iii)work to operate filming equipment, audio equipment, etc. that are used for the production of broadcast programs (meaning broadcast programs prescribed in Article 2, item (i) of the Broadcasting Act (Act No. 132 of 1950), wired radio broadcasting prescribed in Article 2 of the Act on Regulation on Cable Radio Broadcasting Services (Act No. 135 of 1951) and cable television broadcasting prescribed in of Article 2, paragraph (1) of the Cable Television Broadcast Act (Act No. 114 of 1972) or other pieces of work consisting of images, voices or other sounds that are recorded on video tapes or tapes; the same applies hereinafter);
(iv)work to direct the production of broadcast programs (excluding work related to the overall production of a single broadcast program, etc.);
(v)work to operate computers, typewriters, telexes, or other business equipment equivalent thereto (referred to as "business equipment" in item (xxiii));
(vi)interpretation, translation, or shorthand writing work;
(vii)secretarial work for a corporation's representative or a person in an administrative position who makes important decisions for the business operation or takes part in the decisions;
(viii)work for creating classification related to filing of documents, magnetic tapes, etc. (meaning organizing (including retention) of documents, magnetic tapes, etc. according to comprehensive and systematic classification, aimed at improving the efficiency of paperwork; hereinafter the same applies in this item) or filing work (limited to work that requires a high level of expertise, technique, or experience);
(ix)work on research of markets, etc., aiming to obtain the basic data necessary for developing new products or preparing sales plans, or work to compile or analyze the research results;
(x)work to prepare financial documents such as a balance sheet and profit and loss statement and other financial processing work;
(xi)work to prepare documents concerning foreign trade and other external transactions or documents concerning domestic transactions, such as contracts for the buying and selling of products, inland bills of landing, bills of landing or other documents equivalent thereto (excluding incidental work performed with the acts listed in Article 2, paragraph (1), item (i) of the Port and Harbor Transportation Business Act and work to prepare customs documents prescribed in Article 2, item (i), sub-item (b) of the Customs Business Act (Act No. 122 of 1967) performed as customs work prescribed in the same item);
(xii)work to introduce and explain the performance and operating methods, etc. of computers, automobiles and other machinery that require a high level of expertise, technique or knowledge for appropriate operation in accordance with the usage thereof;
(xiii)work on itinerary management (limited to work performed by accompanying tourists) prescribed in Article 12-11, paragraph (1) of the Travel Agency Act (Act No. 239 of 1952) or work equivalent to work on itinerary management performed by accompanying tourists other than those of package tours prescribed in Article 4, paragraph (1), item (iv) of the same Act (hereinafter referred to as "work on itinerary management, etc." in this item), or work to provide services for the convenience of tourists performed incidentally with work on itinerary management, etc. (excluding guide services provided in vehicles, vessels, or aircrafts) or work to provide transportation services for tourists performed in buildings which are established at vehicle terminals or ports for vessels or aircrafts and are used for passengers' boarding or waiting;
(xiv)cleaning work in buildings;
(xv)work for the operation, checking or maintenance (excluding checking and maintenance work performed based on laws and regulations) of building equipment (meaning building equipment prescribed in Article 2, item (iii) of the Building Standards Act (Act No. 201 of 1950; the same applies in the following item));
(xvi)reception or guide services provided for visitors in buildings or at exhibition sites, work to manage parking lots established in or attached to buildings, and other maintenance work of facilities (excluding building equipment) established for buildings for the convenience of persons who come in and out of, work at, or reside in the buildings for the purpose of making the use of the buildings more efficient (excluding work listed in item (xiv));
(xvii)work to manufacture new products by using scientific research, knowledge on science or technology that apply science, or new manufacturing methods for products developed by using knowledge on science or technology that apply science (excluding work listed in items (i) and (ii));
(xviii)work to examine and plan the development of a system necessary for companies, etc. to conduct businesses or the operational methods thereof (excluding work performed for the purpose of establishing or changing working conditions or other labor-related matters);
(xix)editing work in producing books, magazines, or other work consisting of writing, photography, charts, etc.;
(xx)work to devise, plan or express designs created for the purpose of being used as designs for products or their packages, displays of products, or advertisements for products or companies, etc. (excluding work listed in the following item);
(xxi)work to provide consultation on or devise or express designs or layouts of lighting fixtures or furniture, etc. in buildings (excluding construction work prescribed in Article 4, paragraph (1), item (ii) of the Act);
(xxii)work on reading aloud manuscripts, orally expressing news materials collected, or acting as an MC which requires a high level of expertise, technique or experience in broadcast programs, etc. (including incidental work performed in relation to those types of work, such as participating in editing work or collecting, sorting or analyzing materials in producing broadcast programs, etc.);
(xxiii)instruction or guidance work for teaching methods to operate business equipment, methods to use a system that functions by using computers, or methods to use programs;
(xxiv)work to provide explanations or consultations concerning products, rights or services by means of using telephones or other telecommunications, offer sales contracts on products or rights, or for contracts to provide services for a fee, receive applications or conclude such contracts, or solicit applications or conclusion of those contracts;
(xxv)work to provide customers with explanations or consultation concerning machinery, etc. designed (including the modification of its structures) in response to customers' requests, facilities or programs consisting of machinery, etc., or financial instruments (meaning those subject to the sales of financial instruments prescribed in Article 2, paragraph (1) of the Act on Sales, etc. of Financial Instruments (Act No. 101 of 2000) which require advice based on expert knowledge to be given to customers, offer sales contracts (including contracts similar thereto which pertain to the sales of financial instruments prescribed in the same paragraph; hereinafter the same applies in this item), receive applications or conclude such contracts, or solicit applications or conclusion of those contracts;
(xxvi)work to procure, manufacture, set up, place, operate, carry in or carry out stage sets, such as scenery and fittings, props, or accessories used for producing broadcast programs (excluding construction work prescribed in Article 4, paragraph (1), item (ii) of the Act).
(Replacement of Terms in Applying the Labor Standards Act)
Article 5When the provisions of the Labor Standards Act are applied, pursuant to the provisions of Article 44 of the Act, to dispatch work prescribed in Article 26, paragraph (1), item (ii) of the Act (referred to as "Dispatch Work" in the following Article) of a worker under dispatching prescribed in Article 44, paragraph (1) of the Act (referred to as a "Worker Under Dispatching" in the following Article), the technical replacement of terms of the provisions of the Labor Standards Act pursuant to the provisions of Article 44, paragraph (6) of the Act is as follows:
Provisions of the Labor Standards Act related to the Replacement of Terms
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Terms Deemed to be Replaced
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Terms to be Used as Replacement
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Article 32-4-2
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an employer has a worker work during the applicable period for a period shorter than the applicable period, and the average weekly hours the employer has the worker work exceeds 40 hours, the employer
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a person, pursuant to the provisions of Article 44, paragraph (2) of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (Act No. 88 of 1985; hereinafter referred to as the "Worker Dispatching Act"), that is deemed to be the employer prescribed in Article 10 for the business of the client prescribed in Article 44, paragraph (1) of the Worker Dispatching Act (hereinafter simply referred to as "business of the client"), has a worker work during the applicable period for a period shorter than the applicable period, and the average weekly hours such person has the worker work exceeds 40 hours, the employer
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the provisions of the preceding Article
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the provisions of the preceding Article which are applied pursuant to the provisions of paragraph 2 of Article 44 of the Worker Dispatching Act
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working hours that have been extended or working hours on days off pursuant to the provisions of Article 33 or paragraph (1) of Article 36
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working hours that the person deemed to be the employer has extended or working hours on days off when the person has the worker work pursuant to the provisions of Article 33 or Article 36, paragraph (1) which are applied pursuant to the provisions of the same paragraph
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Article 37, paragraph (1)
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an employer extends the working hours or has a worker work on a day off pursuant to the provisions of Article 33 or paragraph (1) of the preceding Article, the employer
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a person deemed to be the employer prescribed in Article 10 for the business of the client pursuant to the provisions of Article 44, paragraph (2) of the Worker Dispatching Act extends the working hours or has a worker work on a day off pursuant to the provisions of Article 33 or paragraph 1 of the preceding Article which are applied pursuant to the provisions of the same paragraph, the employer
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Article 37, paragraph (3)
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an employer has a worker work during the period between 10 p.m. and 5 a.m. (the period between 11 p.m. and 6 a.m., in the case that the Minister of Health, Labour and Welfare admits the necessity of the application of those hours for a certain area or time of the year), the employer
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a person deemed to be the employer prescribed in Article 10 for the business of the client pursuant to the provisions of Article 44, paragraph (2) of the Worker Dispatching Act has a worker work during the period between 10 p.m. and 5 a.m. (the period between 11 p.m. and 6 a.m., in the case that the Minister of Health, Labour and Welfare finds the necessity of the application of those hours for a certain area or time of the year), the employer
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Article 38, paragraph (2)
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Article 34, paragraphs (2) and (3)
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Article 34, paragraphs (2) and (3) as applied pursuant to the provisions of Article 44, paragraph (2) of the Worker Dispatching Act
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Article 60, paragraph (2) and Article 61, paragraph (5)
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pursuant to Article 56, paragraph (2)
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pursuant to Article 56, paragraph (2) by an employer dispatching workers prescribed in Article 44, paragraph (3) of the Worker Dispatching Act
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Article 101, paragraph (2)
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the preceding paragraph
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the preceding paragraph (including the case as applied pursuant to the provisions of Article 44, paragraph 5 of the Worker Dispatching Act)
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(Replacement of Terms in Applying the Industrial Safety and Health Act)
Article 6(1)In applying the provisions of the Industrial Safety and Health Act, to business of the client prescribed in Article 44, paragraph (1) of the Act (hereinafter referred to as "business of the client" in the this Article) pursuant to the provisions of Article 45 of the Act,, the technical replacement of terms of the provisions of the Industrial Safety and Health Act pursuant to the provisions of Article 45, paragraph (17) of the Act is as follows:
Provisions of the Industrial Safety and Health Act related to the Replacement of Terms
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Terms Deemed to be Replaced
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Term to be Used as Replacement
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Article 5, paragraph (2)
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the preceding paragraph
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the preceding paragraph as applied pursuant to the provisions of Article 45, paragraph (8) of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (hereinafter referred to as the "Worker Dispatching Act")
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Article 5, paragraph (3)
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the preceding two paragraphs
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paragraph (1) and the preceding paragraph as applied pursuant to the provisions of Article 45, paragraph (8) of the Worker Dispatching Act
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Article 16, paragraph (1)
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the employer
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the employer (including those deemed to be the business operator pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act; the same applies in the following paragraph)
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Article 16, paragraph (2)
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the preceding paragraph
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the preceding paragraph as applied pursuant to the provisions of Article 45, paragraph (8) of the Worker Dispatching Act
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Article 32, paragraph (1)
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Article 30, paragraph (1) or (4)
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Article 30, paragraph (1) or (4) (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act)
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paragraph (1) of the same Article
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Article 30, paragraph (1)
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Article 32, paragraph (2)
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Article 30-2, paragraph (1) or (4)
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Article 30-2, paragraph (1) or (4) (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act)
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paragraph (1) of the same Article
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Article 30-2, paragraph (1)
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Article 32, paragraph (3)
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Article 30-3, paragraph (1) or (4)
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Article 30-3, paragraph (1) or (4) (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act)
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Article 32, paragraphs (6) and (7)
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or Article 30, paragraph (4), Article 30-2, paragraph (1) or (4), Article 30-3, paragraph (1) or (4)
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or Article 30, paragraph (4) (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act), Article 30-2, paragraph (1) or (4) (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act), Article 30-3, paragraph (1) or (4) (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act)
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Article 33, paragraph (2)
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a worker employed by the individual
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a worker employed by the individual (including one who is deemed to be a worker employed by the person pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act)
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Article 45, paragraph (2)
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the same paragraph
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the preceding paragraph as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act
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Article 66-5, paragraph (1)
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the preceding Article
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the preceding Article as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act
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Article 104
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Article 65-2, paragraph (1) and Article 66, paragraphs (1) through (4)
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Article 65-2, paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act), Article 66, paragraph (1), and paragraphs (2) through (4) of the same Article (including the case as applied pursuant to the provisions of Article 45, paragraph (3) of the Worker Dispatching Act)
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Article 120, item (i)
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Article 16, paragraph (1)
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Article 16, paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (8) of the Worker Dispatching Act)
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Article 45, paragraph (1) or (2)
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Article 45, paragraph (1), paragraph (2) of the same Article (including the case as applied pursuant to the provisions of Article 45, paragraph (4) of the Worker Dispatching Act)
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(2)Beyond what is set forth in the preceding paragraph, when applying the provisions of the Industrial Safety and Health Act pursuant to the provisions of Article 45 of the Act, the technical replacement of terms of the provisions of the Industrial Safety and Health Act pursuant to the provisions of Article 45, paragraph (17) of the Act is as follows:
Provisions of the Industrial Safety and Health Act related to the Repalcement of Terms
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Terms Deemed to be Replaced
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Terms to be Used as Replacement
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Article 31, paragraph (2)
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the preceding paragraph
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the preceding paragraph (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (hereinafter referred to as the "Worker Dispatching Act")
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the same paragraph
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the preceding paragraph
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Article 36
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Article 31, paragraph (1), Article 31-2, Article 32, paragraphs (1) through (5), Article 33, paragraph (1) or (2), or Article 34
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Article 31, paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act), Article 31-2 (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act), Article 32, paragraphs (1) through (4) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act), Article 32, paragraph (5), Article 33, paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act), Article 33, paragraph (2) or Article 34 (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 32, paragraph (6)
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Article 32, paragraph (6) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 91, paragraph (3)
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the preceding two paragraphs
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paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act) and the preceding paragraph
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Article 91, paragraph (4)
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paragraph (1)
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paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 94, paragraph (1)
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paragraph (2) or (3) of the preceding article
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paragraph (2) or (3) of the preceding Article (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 98, paragraph (2)
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the preceding paragraph
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the preceding paragraph (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 98, paragraph (3)
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the preceding two paragraphs
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paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act) and the preceding paragraph
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Article 98, paragraph (4)
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paragraph (1)
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paragraph (1) (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 99, paragraph (2)
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the preceding paragraph
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the preceding paragraph (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 114, paragraph (1)
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Chapter II
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Chapter II (including the case as applied pursuant to the provisions of Article 45, paragraph (15) of the Worker Dispatching Act)
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Article 114, paragraph (2)
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Chapter III
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Chapter III (including the case as applied pursuant to the provisions of Article 45 of the Worker Dispatching Act)
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(3)With regard to the application of the provisions of Article 2, Article 4, Article 5 and Article 9 of the Enforcement Order of the Industrial Safety and Health Act (Cabinet Order No. 318 of 1972) to a workplace of the business of the client where a worker is dispatched for the dispatch work performed at the workplace, the workplace of the business of the client is also be deemed to be the workplace that employs the worker under dispatching.
(4)With regard to the application of the provisions of Articles 3 and Article 8 of the Enforcement Order of the Industrial Safety and Health Act to a workplace of the business of the client where a worker is dispatched for the dispatch work performed at the workplace, the workplace of the business of the client is deemed to be the workplace that employs the worker under dispatching.
(5)With regard to the application of the provisions of Articles 3 and Article 8 of the Enforcement Order of the Industrial Safety and Health Act to a workplace of dispatching undertakings prescribed in Article 44, paragraph (3) of the Act where a worker employed for the workplace is dispatched for dispatch work for the business of the client, the workplace of the dispatching undertakings is deemed to be a workplace that does not employ the worker under dispatching.
(Replacement of Terms in Applying the Pneumoconiosis Act)
Article 7(1)When applying the provisions of the Pneumoconiosis Act (Act No. 30 of 1960) pursuant to the provisions of Article 46, paragraph (6) of the Act, the technical replacement of terms of provisions of the Pneumoconiosis Act pursuant to the provisions of Article 46, paragraph (14) of the Act is as follows:
Provisions of the Pneumoconiosis Act related to the Replacement of Terms
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Terms Deemed to be Replaced
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Terms to be Used as Replacement
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Article 8, paragraph (1)
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the following items
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items (iii) and (iv)
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Article 9, paragraph (1)
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the following items
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items (ii) and (iii)
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Article 9-2, paragraph (1)
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workers listed in the following items
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workers listed in item (iii)
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the respective items for each worker listed in the following items
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the same items
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Article 11
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Articles 7 through 9
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Articles 8 and 9
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Article 12 and Article 13, paragraph (1)
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Articles 7 through 9-2
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Articles 8 through 9-2
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Article 16, paragraph (1), and Article 16-2, paragraph (1)
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workers regularly engaged in powdery dust work or have been regularly
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workers have been regularly
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Article 35-2
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a workplace for powdery dust work
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a workplace
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(2)Beyond what is set forth in the preceding paragraph, when applying the provisions of the Pneumoconiosis Act pursuant to the provisions of Article 46 of the Act, the technical replacement of terms of provisions of the Pneumoconiosis Act pursuant to the provisions of Article 46, paragraph (14) of the Act are as follows:
Provisions of the Pneumoconiosis Act related to Replacement of Terms
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Term Deemed to be Replaced
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Term to be Used as Replacement
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Article 18, paragraph (1)
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as applied mutatis mutandis pursuant to Article 15, paragraph (3), Article 16, paragraph (2) and Article 16-2, paragraph (2)
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the case as applied mutatis mutandis under Article 15, paragraph (3), Article 16, paragraph (2) and Article 16-2, paragraph (2) (including the case as applied mutatis mutandis pursuant to the provisions of Article 46, paragraphs (1) and (6) of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (hereinafter referred to as the "Worker Dispatching Act")) and the case where it is applied pursuant to the provisions of Article 46, paragraphs (1) and (6) of the Worker Dispatching Act
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Article 22, item (i)
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paragraph (1) of the preceding Article
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paragraph (1) of the preceding Article (including the case as applied pursuant to the provisions of Article 46, paragraph (4) of the Worker Dispatching Act)
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Article 22, item (ii)
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paragraph (4) of the preceding Article
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paragraph (4) of the preceding Article (including the case as applied pursuant to the provisions of Article 46, paragraph (4) of the Worker Dispatching Act)
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Article 35-3
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and Article 16, paragraph (1)
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and Article 16, paragraph (1) (including the case as applied pursuant to the provisions of Article 46, paragraphs (1) and (6) of the Worker Dispatching Act)
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Article 40, paragraph (2) and Article 42, paragraph (2)
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the preceding paragraph
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the preceding paragraph (including the case as applied pursuant to the provisions of Article 46, paragraph (12) of the Worker Dispatching Act)
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Article 40, paragraph (3) and Article 42, paragraph (3)
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paragraph (1)
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paragraph (1) (including the case as applied pursuant to the provisions of Article 46, paragraph (12) of the Worker Dispatching Act)
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(Replacement of Terms in Applying the Working Environment Measurement Act)
Article 8When applying the provisions of the Working Environment Measurement Act (Act No. 28 of 1975) pursuant to the provisions of Article 47 of the Act, the technical replacement of terms of provisions of the Working Environment Measurement Act pursuant to the provisions of Article 47, paragraph (3) of the Act is as follows:
Provisions of the Working Environment Measurement Act related to the Replacement of Terms
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Terms Deemed to be Replaced
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Term to be Used as Replacement
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Article 12, paragraph (2), item (ii)
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Article 4, paragraph (1)
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Article 4, paragraph (1) (including the case as applied pursuant to the provisions of Article 47, paragraph (1) of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (hereinafter referred to as the "Worker Dispatching Act"))
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Article 34, paragraph (1)
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Article 3, paragraph (2)
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Article 3, paragraph (2) (including the case as applied pursuant to the provisions of Article 47, paragraph (1) of the Worker Dispatching Act)
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Article 34, paragraph (2)
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"Article 4, paragraph (2)"
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"Article 4, paragraph (2) (including the case as applied pursuant to the provisions of Article 47, paragraph (1) of the Worker Dispatching Act)"
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(Amount of Fees)
Article 9The amount specified by Cabinet Order under Article 54 of the Act is to be the amount prescribed in the following items in accordance with the classification of the persons listed in the respective items:
(i)a person listed in Article 54, item (i) of the Act:120,000 yen (in the case where there are two or more places of business where the general worker dispatching undertakings are carried out, the amount adding 120,000 yen to the amount obtained by multiplying the number obtained by subtracting one from the number of places of business by 55,000 yen);
(ii)a person listed in Article 54, item (ii) of the Act:1,500 yen for each permit the person wishes to obtain reissuance;
(iii)a person listed in Article 54, item (iii) of the Act:the amount obtained by multiplying the number of places of business where the general worker dispatching undertakings are carried out by 55,000 yen;
(iv)a person listed in Article 54, item (iv) of the Act:3,000 yen for each permit the person wishes to obtain rewriting.
Supplementary Provisions
This Cabinet Order comes into effect as of the date on which the Act comes into effect (July 1, 1986).
Supplementary Provisions[Cabinet Order No. 154 of March 31, 2006 Extract][Extract]
(Effective Date)
Article 1This Cabinet Order comes into effect on April 1, 2006.