Japan: 労働者派遣法の改正案の成立及び施行

平成27 年9 月11 日、労働者派遣事業の適正な運営の 確保及び派遣労働者の保護等に関する法律(いわゆる 「労働者派遣法」)等の一部を改正する法律が成立し、 同年9 月30 日に施行されました。

改正の主たるポイントは、①労働者派遣事業における 届出制と許可制の区別を廃止し、全ての労働者派遣事業 を許可制とすること、②派遣労働者に対する教育訓練や キャリア・コンサルティング、派遣期間終了時における 派遣労働者に対する雇用安定措置を派遣元に義務付ける こと、③派遣期間に制限のなかったいわゆる専門26 業 務を廃止し、業務の種類にかかわらず派遣先の同一の事 業所における派遣労働者の受け入れを原則3 年までとし (事業所単位の期間制限)、かつ、派遣先の同一の組織 単位(グループ)における同一の派遣労働者の受け入れ を3 年までとすること(個人単位の期間制限)などが挙 げられます。ただし、事業所単位の期間制限については、 延長しようとする派遣可能期間の終了の1 か月前までに 過半数労働組合等(労働者の過半数で組織する労働組合、 かかる労働組合がない場合は労働者の過半数を代表する 者)からの意見聴取を行うことにより、3 年を超えて派 遣労働者を受け入れることが可能です。

この改正により、事業所単位の期間制限による派遣可 能期間を延長するための手続を履践している限り、①3 年ごとに派遣労働者を変えることで、3 年を超えて労働 者派遣を受けることができ、また、②組織単位(グルー プ)を変えれば、同一の派遣労働者を3 年を超えて継続 して勤務させることも可能となります。他方で、従来の 専門26 業務にあたる業務における派遣労働者であって も、事業所単位及び個人単位の期間制限に服することに なるため、3 年以上の期間継続して労働者派遣を受ける ためには、過半数労働組合等からの意見聴取を適時に行 いつつ、派遣労働者の所属組織単位(グループ)を継続 的に調整するといった対応が新たに求められます。改正 法には一定の経過措置が存在しますが、今後派遣契約を 締結し、派遣労働者を受け入れる予定のある企業は、新 しい法律に合った派遣労働者管理体制を整えておく必要 があります。

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