REGULATIONS ON LABOR DISPATCH

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1. The location of work for the dispatched employees;

2. The salary payable to the dispatched employees (based on "equal pay for equal work") and the method of payment;

3. The dispatched employees' working hour system;

4. Treatment for dispatched employees during work-related injury, non-work-related illness, maternity and nursing period;

5. Workplace safety, sanitation and training;

6. Payments such as economic compensation (severance);

7. Term of the Dispatch Agreement; and

8. The basis for, and payment of, the service fee for the dispatch services.

What are the responsibilities of the staffing agency and/or the Actual Employer for administration of work-related injuries and occupational disease diagnosis?

Work-Related Injury Identification

In general, when an employee suffers a work-related injury, the appropriate authorities must certify that the injury is work-related and assess the seriousness of the injury. The Regulation confirms that if a dispatched employee suffers an injury when working for the Actual Employer, the staffing agency is responsible for filing the relevant application with the authorities. The Actual Employer must provide necessary assistance.

Occupational Disease Diagnosis

The Actual Employer is responsible to assist in the occupational disease diagnosis and identification for a dispatched employee and must provide necessary materials, such as a history of the employee's occupation as well as his/her exposure to the occupational hazard, the results of an evaluation of factors causing the occupational disease at the workplace, etc. The staffing agency should provide other necessary materials, such as the Dispatch Agreement and labor contract.