Act on General Rules for Employment (Rōdōsha Haken Hō)

The Act on General Rules for Employment (commonly known as the Worker Dispatch Act) regulates the practice of worker dispatching (temporary agency work) in Japan. Originally enacted in 1985, the Act has been significantly amended to address the growth of non-regular employment. The 2015 amendment introduced measures to promote equal treatment between regular and dispatched workers, including limits on the duration of worker dispatching and requirements for conversion to regular employment.

Legal area: Law governing the relationship between employers and employees.

Year enacted: 1985

Full text: https://elaws.e-gov.go.jp/document?lawid=japan-act-general-rules-employment

Key Provisions

• Article 2: Definition of worker dispatching
• Article 4: Prohibition of dispatching for purpose of avoiding labour standards
• Article 26: Equal treatment between dispatched and regular workers
• Article 33-35: Duration limits on dispatching (3-year maximum)
• Article 40: Conversion to regular employment after 3 years
• Part IV: Licensing requirements for dispatching businesses

Significance

The Worker Dispatch Act has been central to debates about non-regular employment in Japan. The growth of dispatched and non-regular workers has raised concerns about labour market dualism and inequality. The 2015 amendments attempted to address these concerns by imposing time limits and equal treatment requirements. The Act’s provisions have been challenged in courts regarding the scope of equal treatment obligations. The proportion of non-regular workers in Japan remains high, affecting the Act’s effectiveness.