FAQ

Requesting for temporary staff placement

What is the minimum period you can dispatch temporary staff?

We dispatch staff for a minimum of 1 day. In addition, the minimum number of contracted hours per 1-day is generally at least 4 hours.

Can you dispatch staff only during the month-end/start period?

Yes, we can.
We can dispatch staff for only the period or days required as specified by you (the client company) according to how busy work becomes.

What is your temporary staffing payment system like?

There are no fees charged until the actual dispatching. Once we begin dispatching the staff, you will be asked to pay a dispatch fee calculated by multiplying the “unit hourly rate” by “the number of actual hours worked by the temporary staff.” Please note that the unit hourly rate varies depending on the type of work involved. We can provide you with an estimate according to your request.

Does our company have to pay for the temporary staff's commuting expenses?

As a general rule, we do not pay for temporary staff's commuting expenses and you will not be invoiced for any. However, any transportation costs incurred as part of the job assigned to the temporary staff will be included as out-of-pocket expenses.

Are there any limits on where you can dispatch temporary staff?

We can dispatch temporary staff to anywhere in Japan (except some isolated islands). We have a nationwide service network and can dispatch staff to offices around the area requested by you.

How long will it take for you to dispatch the required staff after a request is made?

We will immediately respond to your needs, but the time required for selecting dispatched staff* varies depending on the job content, required skills, the status of registration and so forth. Contact us for more details.

*This means that we select from a list of temporary staff candidates registered with us who meet the requirements per your request. We then inform them of the details of your requirements, such as the job content and employment conditions, and obtain their agreement to your request.

Are there any job categories you don't cover?

In accordance with the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (Worker Dispatching Act), we are prohibited to provide temporary staffing for particular job categories as listed below.

• Port transportation work
• Construction work
• Security work
• Medical-related work such as in hospitals*
• Work conducted by the employer involved as a party, such as labor-management consultation
• Lawyers, Labor and Social Security Attorney, and similar occupations

* denotes that dispatching of temporary staff in this job category is possible only for “temporary to permanent placement,” “dispatch to remote areas,” and “replacement during regular staff's maternity leave before/after childbirth, childcare leave, and nursing care leave.”

Is it possible to have the temporary staff handle money or securities?

The Worker Dispatching Act does not specifically restrict any handling of money or securities by temporary staff. However, at TEMP GROUP, we generally prohibit the staff we dispatch to do this, unless it is necessary as part of the assigned job. If the handling of money or securities is deemed necessary, we will require a memorandum from you requesting for the service and our staff will handle the minimum amount of handling necessary under your supervision and responsibility.

Can we interview the temporary staff you have selected?

You will not be able to screen (including requesting for CVs and conducting interviews) the temporary staff we have selected for you. The screening of workers (deciding who should be dispatched to where) is done by the staffing service provider—the employer—and cannot, therefore, be conducted by your company that is not the direct employer of these workers.
Furthermore, the Worker Dispatching Act stipulates that, when a client company signs a contract for temporary staff placement, the client company may not conduct any activities involving the screening (selecting) of the temporary staff (except in the case of temporary to permanent placement).

Signing a contract

When signing a staff dispatch contract, do we need to put any seal or revenue stamp?

The requirements of seals and revenue stamps for contracts relating to staff placement are as follows:

Basic worker dispatch contract
Written content: Basic items relating to the dealing between corporations (confidentiality, payment conditions, etc.) Signature/seal: Required (proof of mutual agreement between corporations) Revenue stamp: Not required (not applicable as taxable item stipulated by the Stamp Duty Act)

Worker dispatch contract
Written content: Individual staff dispatch contact details (period, job content, number of staff, etc.)
Signature/seal: Not required (not stipulated by the Worker Dispatching Act)
Revenue stamp: Not required (not applicable as taxable item stipulated by the Stamp Duty Act)

Do we have the obligation to keep temporary staffing contracts?

Obligations concerning the safekeeping of temporary staffing contracts are as follows:

Basic worker dispatch contract
Written content: Basic items relating to the dealing between corporations (confidentiality, payment conditions, etc.)
Obligation: None stipulated by the Worker Dispatching Act

Worker dispatch contract
Written content: Individual staff dispatch contact details (period, job content, number of staff, etc.)
Obligation: None stipulated by the Worker Dispatching Act
* However, we recommend you to keep this during the contract period, so that parties involved in the contract may confirm the contract details.

In addition to these, you have the obligation to keep a client management record as detailed below.

Client management record
Written content: Performance of the dispatched staff, etc.
Obligation: As stipulated by the Worker Dispatching Act, you need to keep this record for 3 years from the day the dispatch period ends.

What do we need when signing a contract for temporary staff dispatch?

When signing the contract you will need to elect a director to instruct the staff and a person in charge of the staff. The roles are detailed as follows (note that it can be someone who handle both roles).

Director
Role: Provides instructions to dispatched staff on assigned tasks
Candidate: Someone who can directly instruct the dispatched staff

Person in charge of the dispatched staff
Role: Makes contact and adjustments with us and act as liaison to respond to complaints from dispatched staff and other issues.
Candidate: Someone with knowledge on personnel tasks who can carry out the required tasks.
Conditions for selecting: At least 1 person per 100 dispatched workers per dispatched site.

Not required if the number of temporary staff to be dispatched or permanent staff to be employed later is below 5 people.

While on a contract

Can we ask the dispatched staff to submit the same written pledge required of our permanent staff and them sign it and put their seal on in ?

As there is no employment relationship between you the client and the dispatched staff, you are not permitted to ask them to submit a written pledge, sign it and put their seal on it.

How do we treat the dispatched staff's working hours in the event they are late for work due to traffic/transportation problems?

The working hours are calculated starting from the time the dispatched staff begins working. Consequently, regardless of what reasons their late arrival may be, the delayed time will not count toward their working time.

Can we change the job content after the staff is dispatched to us ?

In order for you to change the content as stated in the dispatch contract (such as the job content, working hours and location, etc.), an agreement must be made between the company dispatching the staff and the dispatched staff after you have discussed the matter with the staff. Should you need to change any part of the contract content, please consult the company that dispatched the staff to you.

Can we request for the dispatched staff to go out on business visits?

If deemed necessary as part of the assigned job, you may submit an additional memorandum stating the purpose and upon agreement you may then request the staff to handle the required task but within the limits stated in the contract and under your supervision and responsibility.

Can we ask the dispatched staff to take a break from work without prior notice when deemed necessary ?

The stipulated contract details (number of working days) in the dispatch contract may not be changed according to your convenience. If the dispatched staff must take a break from work due to your company's convenience on days that they are contracted to work, you will be billed for the amount of hours that you are asking them not to work.

Can we employ dispatched temporary staff as our permanent employee halfway through the contract?

You may not ignore the contracted dispatch period and directly employ any dispatched temporary staff halfway through the contract. You can, however, make a new worker dispatch contract to employ staff on temporary to permanent placement basis after their dispatch contract as temporary staff ends and with the agreement of all three parties (the staffing service provider, you, and the dispatched staff).

Can we ask the dispatched staff to do overtime work or work on weekends and holidays?

In regard to working time of dispatched staff that falls outside of the legally stated hours, Article 36 of Labor Standards Act of Japan stipulated by the staffing service provider will be applied and you may ask the dispatched staff to work outside of regular times so long as it is within the limits set under the Article.
If you foresee the possibility for overtime work or work on weekends and holidays, please make this known to the staffing service provider when you make your staffing request. They will confirm the expected frequency and number of hours required to select staff who can respond to your needs.

Who will follow up on the dispatched staff while they work with us?

Both the staffing service provider (employer) and the client company (service user) will be required to respond by taking up the following roles:

Staffing service provider
Regularly visit the client company to inspect the working conditions/state of the dispatched staff and make sure there are no disparities with the contract details, as well as making efforts to discover any work-related anxieties and problems at an early stage to ensure stable working conditions.

Client company
Instruct the dispatched staff on tasks within the limit as stated in the contract to ensure the actual job content of the dispatched staff is the same as stated in the contract. Collaborate with the staffing service provider to solve problems together if contacted by the provider concerning work-related issues.

Can we directly renew the contract of the dispatched staff ?

The contract period of dispatched staff is stipulated by the Employment Contract signed with the staffing service provider, the employer of the staff. For that reason, as the client company you have no employment relationship with the dispatched staff and, therefore, may not ask the staff if they wish to extend their contract period. Please be aware also that, if you confirm any part of the Employment Contract with the staff, you may mislead them into thinking that they are bound to you by an employment relationship.

When do we have to decide if we want to employ the staff introduced to us?

Staff introduction
No particular time.
Depending on the staff introduced to you, you may wish to decide as soon as possible, but you will need to consider the time required for the screening. Please consult with the service provider when making your request.

Temporary to permanent placement
Under the Worker Dispatching Act, the same dispatched staff can only be dispatched for a maximum of 6 months. Please make your decision within that period.

Can we employ the candidates introduced to us and give them the same entry test given to regular employees?

Staff introduction
Yes, it is possible.

Temporary to permanent placement
Yes, it is possible.
In the case of temporary to permanent placement, as test and screening of the dispatched staff are approved by the Worker Dispatching Act, you can also test them during the screening process before they are dispatched.

What is your staff introduction or temporary to permanent placement payment system like?

Staff introduction
No fees will be incurred until you employ the candidates introduced to you.
Once you decide to employ the candidates, you will be required to pay the introduction fee as a contingent fee.

Prior to employment: No fees incurred.
Employment determined: Introduction fee (calculated from: theoretical annual salary x handling fee rate)

Temporary to permanent placement
No fees will be incurred until the staff is dispatched to you.
If you decide to employ the staff while on temporary dispatch you will be required to pay the following fees.

Prior to dispatching: No fees incurred
While on dispatch: Dispatch fee (unit hour price x actual working hours)
Upon deciding to employ the staff: Introduction fee (theoretical annual salary x handling fee rate*)
* Fluctuates according to the dispatch duration.

Can you introduce anyone or provide temporary to permanent placement of staff for any job category?

Staff introduction
Apart from the following jobs prohibited by the Employment Security Act, we can introduce human resources to any other job categories.

• Port transportation work
• Construction work

Temporary to permanent placement
As temporary to permanent placement service is regulated by the Worker Dispatching Act, as long as the job required is not related to any of the following job categories prohibited by the same law we are able to introduce the required human resources to you.

• Port transportation work
• Construction work
• Security work
• Medical-related work such as in hospitals
• Work conducted by the employer involved as a party, such as labor-management consultation
• Lawyers, Labor and Social Security Attorney, and similar occupations

Note that while dispatching of temporary staff in “Medical-related work such as in hospitals” is prohibited by the Worker Dispatching Act, it is possible for “temporary to permanent placement,” “dispatch to remote areas,” and “replacement during regular staff's maternity leave before/after childbirth, childcare leave, and nursing care leave.”

What happens to the fees when the person/people we end up employing quit on their own terms ?

Staff introduction
Should the person/people introduced to you decide to quit on their own terms after a certain period of being employed by you, the introduction fee will be refunded to you based on the predetermined refund rate (fluctuates according to the time of job termination).

Temporary to permanent placement
Should the person/people introduced to you decide to quit on their own terms after a certain period, and if they are already employed by you after having finished the temporary dispatch period through mutual confirmation of aptitude between you an them, then the introduction fee will not be refundable.

What is the difference between outsourcing and temporary staffing or staff contracting?

Difference with temporary staffing
The biggest difference is whether there is someone in the client company to instruct the workers.

In the case of temporary staffing, the workers (dispatched staff) carry out the required tasks under instructions from the client company. In the case of outsourcing, however, the client company (the party requesting for the service) cannot give direct orders and instructions to the workers, instead, the workers must follow the orders and instructions of the staffing service provider to carry out the required tasks.

Difference with staff contracting The biggest difference is the purpose.
In the case of staff contracting the purpose is to get a job done, while in the case of outsourcing the purpose is to process tasks. Furthermore, in the case of both staff contracting and outsourcing the client company (the party requesting for the service) cannot give direct orders and instructions to the workers.

Are there any job categories that outsourcing cannot cover?

Outsourcing can be used for basic any jobs, except those prohibited by special laws such as the Servicer Act (Act on Special Measures concerning Business of Management and Collection of Claims) (exclusive jobs for persons with national qualification, such as lawyers and licensed social insurance consultant).

In the case of outsourcing, the client company (the party requesting for the service) never gives direct orders and instructions to the workers, instead, orders, instructions and administration are implemented by the consigned company. For this reason, outsourcing may be unsuitable for some jobs. If you are considering outsourcing, please do not hesitate to consult with us.

What kind of jobs is suitable for outsourcing?

Jobs that can be regulated or easily formalized are suitable. Even jobs not currently formalized can still be outsourced by reviewing and analyzing the current situation. If you are considering outsourcing, please do not hesitate to consult with us.

Is it possible to switch from dispatch contract to outsource contract?

In regard to switching from dispatch contract to outsource contract, it will be necessary to build a compliance-based system. In the case of outsourcing, the client company (the party requesting for the service) never gives direct orders and instructions to the workers. Consequently, it is necessary for you to come up with measures, such as to make the outsourcing site stand alone, or to ensure that the employees of the outsourced company are thoroughly informed of compliance-based operation rules. If you are considering outsourcing, please do not hesitate to consult with us.

What is the payment system like for outsourcing?

In many cases you will either be billed a set of fixed fees for the outsourced work, or charged on a unit-price-per-job base; in some cases an initial cost of introduction preparation fee may also be payable. Payments will be calculated from various expenses, such as for the environment/facility where the job is carried out and labor costs for the people carrying out the jobs.

How long before we can start outsourcing?

Situations vary, in some cases you can begin operation right away, in others it may take half a year to one year before you can begin outsourcing. Generally speaking, the outsourcing process is conducted as follows:

1. Set the purpose for outsourcing, the expected numbers as a result (operation costs, etc.), and delivery date.
2. Negotiate with candidate outsourcing companies to decide the viable scope of outsourcing.
3. Study the current situation.
4. Examine the proposal request.
5. Create the proposal request document.
6. Provide information to the outsourcing companies.
7. Proposal from the outsourcing companies.
8. Examine the scope/budget of outsourcing by considering the content and cost required.
9. Gather details and negotiate with the outsourcing companies.
10. Determine the outsourcing company (finalize outsourcing costs).
11. Finalize details of the contract.

As the time required to prepare for outsourcing varies depending on factors such as the scope of work involved, please consult with us first.