17th Central Executive Committee Meeting
Extend Protection or "Let the Bill Die"
Stance on Dispatched Worker Law Amendment Confirmed
(23 October 1998)

At the 17th Central Executive Committee Meeting held on October 22, RENGO confirmed its stance on the Dispatched Worker Law amendment presented to the Diet on October 6 by the government. This amendment includes provisional liberalization of the new dispatchment system with the following exceptions: the harbor transport industry, construction, security companies and any other industries as may be prescribed by the Central Employment Security Council's suggestion. Manufacturing companies also were stipulated for exclusion for the foreseeable future. Responding to the submission, RENGO confirmed it would seek expansion and strengthening of measures to guarantee the protection of workers by focusing on the ratification of ILO Convention no. 181. Taking a strong stance, RENGO stated it would rather see the bill be killed than not receive the necessary expansion and strengthening.

Summary of the Dispatched Worker Law Amendment

The amendment proposes that the dispatchment system (currently restricted to 26 operations requiring technical knowledge and skills etc.) be a system to temporarily readjust the balance of the supply of labor, and be liberalized to extend jobs unlimited in principle, thereby qualitatively changing the current system drastically. Protection measures for workers, RENGO asserted, had improved marginally, but not enough. The following is an outline of the amendment.

1. Range of Affected Industries

  • Dispatchment services are allowable with the following exceptions:
    1) The harbor transport industry 2) the construction industry 3) security companies 4) Businesses established by law in accordance with the Central Employment Security Council
  • Interim measures regarding the scope of industries
    In view of the workers actual conditions, maintaining good employment terms for dispatched workers in the business, and an appropriate adjustment of the labor supply, manufacturing businesses provided by the Labor Ministry ordinance are prohibited from dispatching workers at this time.

    • 2. Dispatchment Term

  • A client may only receive dispatchment services for the same job for a maximum of one year.
    1) If any client exceeds the one-year limit, that client will be subject to advisement and disclosure. 2) Any client employing the same worker in the same job for one year is obligated to hire that worker.
  • Jobs requiring technical knowledge and specific management, as established by government ordinance (currently 26 jobs are scheduled) have a dispatchment term the same as at present (renewable twice for a total of 3 years).

    • 3. Worker Protection Measures

  • Confirm that the dispatched workplace is appropriate
    1) Add disqualification to the punishment for non-coverage of social insurance. 2) Take proper steps to maintain a good working environment, provide access to medical facilities and other provisions necessary for appropriate and smooth dispatchment to the client.
  • Grievance Procedures
    1) Establish a reporting system for illegal matters, the prohibition of unfair treatment from submitting reports, and necessary penal regulations. 2) Counseling and support for dispatched workers through the public employment security offices. 3) Technical advice by mediators for the appropriate management of the dispatchment services (mediation system legally regulated).
  • Confidentiality
    1) Owners of dispatch services are prohibited from giving any information obtained through business.

    • 4. Effective date

  • Effective 1 July 1999.
  • Subject to revision 3 years after the implementation date.

    • RENGO's requirements for the Dispatched Work Amendment

    In regards to the Dispatched Worker Law reform amendment, we seek to achieve the following requirements with a view to the ratification of ILO Convention no. 181.

    1. Expansion and strengthening of measures to guarantee implementation of the protection of the workers.
    1) Protection against one-sided canceling of dispatched labor contract. 2) Protection of the dispatched worker's privacy and penalties. 3) Guaranteed Workers Insurance coverage by dispatchment services and their clients. 4) Client's obligation to employ dispatched workers exceeding one-year limit and penalties. 5) Client's responsibility in the event of sexual harassment in the workplace.

    2. The following measures are needed to review newly planned dispatch services that will be used as countermeasures against the temporary policy to balance the supply of labor.
    1) Withdraw jobs in fields where the balance of labor has been pursued through other systems and jobs with good working conditions are difficult to obtain. 2) In order to restrain unstable employment, prohibit all registered dispatchment systems, using instead only conventional employment methods.

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