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The Joint Statement by the Japan Staffing Services Association and the Japanese Trade Union Confederation (JTUC-RENGO) concerning the approaches to the better working conditions for the dispatched workers and the proper operation of Worker Dispatching Undertakings

01 June 2010
The Japan Staffing Services Association (hereinafter called "the Association") and the Japanese Trade union Confederation (hereinafter called "RENGO") have had the consultations and negotiations continuously from February to May of 2010 and confirmed both organizations’ challenges to be addressed in full respect of each opinion, with the aim of the promotion of the proper operation of Worker Dispatching Undertakings and the better working conditions for the dispatched workers.

The Association and RENGO confirmed that they would take concerted approachesto the employment stability and better working conditions of the dispatchedworkers and the promotion of the proper and the sound operation of Worker DispatchingUndertakings, and seek the favorable ripple effects on the society.

Both organizations will have more consultations on a timely basis and makeefforts to construct the society in which dispatch workers can make labor environmentwithout anxiety.

the statement

I. the approaches to promote the proper operation of worker dispatching undertakings

1. the Association's approaches

For the proper operation of worker dispatching undertakings, the member companiesas operators of the dispatching undertaking, shall make efforts to ensure theemployment opportunity for the dispatched workers based on the guidance andthe compliance of the Law and regulations related to a worker dispatch suchas Worker Dispatch Law, Labor Standard Law, Industrial Safety and Health Act,Labor or Social Insurance. The Association in close cooperation with companieswhere workers are dispatched, shall provide the necessary advice and guidanceto support and promote the enhancement of cooperate governance and complianceof member companies.

2. RENGO's approaches

(1) Affiliated organizations ( trade unions in the workplace that work withdispatched workers) call on the companies which are hiring dispatched workersto observe the laws related to worker dispatch including Worker Dispatch Law,Industrial Safety and Health Act, Workmen's accident compensation insurance,and appliance of social and labor insurance through the labor - managementconsultations.
(2) Affiliated Organizations (trade unions in the workplace that work withdispatched workers) promote the labor-management consultations toward the reviewson the improvement of working conditions for dispatched workers during theperiod of dispatch.
(3) Affiliated Organizations (trade unions in the workplace that work withdispatched workers) called on the companies to take proper procedure when theobligation of employment application occurs.
(4) Affiliated Organizations (trade unions in the workplace that work withdispatched workers) call on the companies to pay for the compensation, andsecure new job opportunity in case that they have no other choice to terminatecontract during the contract periods.

3. the joint approach

The Association and RENGO shall take the revision of legal systems into consideration,which contribute to protecting dispatched workers and career formation to developthe environment in which dispatched workers can make labor environment withoutanxiety, without allowing the entry or the continued existence of inappropriatetemp agencies.

II. The approaches to the better working conditions of dispatchedworkers

1. the Association's approaches

(1) member companies shall make efforts to secure the labor and social insurance,welfare program, job training, and the wage standard to correspond to the abilitydevelopment of dispatched workers when member companies set up the payment forthe dispatches
(2) member companies shall promote the eligibility and the entitlement of thepaid leave, maternal leave, child care and nursing leave, and the understandingof companies where workers are dispatched.
(3) member companies shall enhance the safety and health management system,especially measures to deal with mental health and harassment problems.
(4) member companies shall apply labor and social insurance to the dispatchedas the insured, and promptly and appropriately deal with the procedure of theprovision and the loss of insurance.
(5) The Association calls on Haken Kenpo ( the health insurance trade unionsfor the temporary staffing ) to disseminate and enlighten the system and theprocedure of the health insurance.
(6) The association shall undertake the actions to implement the cross- industrialjob training system for the dispatched.

2. RENGO's approaches

(1) Affiliate organizations ( trade unions in the workplace that work withdispatched workers) promote the review to establish the payment for the dispatchedto secure the social and labor insurance and others, and the wage levels whichmeet the dispatched workers' ability.
(2) Affiliate organizations (trade unions in the workplace that work with dispatchedworkers ) call on the expanding of safety health management system such as alternativeof medical checkup, healthy and safe workplaces, and promotion of utilizationof welfare facilities at the workplace for the dispatched workers.
(3) RENGO reviews how to promote the improvement of the working rule and actionfor better treatment in the industrial relations to realize the fair treatmentbased on the dispatched workers' work.

3. the joint approach

The Association and RENGO shall examine how working environment, welfareprogram, career formation should be in order to improve the working conditionof the dispatched, and the future approach to request ministries concerned forchanging the policy issue including tax management of the transportation fee.

III. the future consultations by both organizations

The Associations and RENGO will hold discussions about fact-finding surveyfor the dispatched workers.