Construction Dispatch Guidelines Ban Disability Exclusion Starting October 1st

In the Official Gazette dated September 14, 2026, the Ministry of Health, Labour and Welfare revised the dispatch guidelines aimed at improving the employment of construction workers, newly establishing a prohibition on the exclusion and discriminatory treatment of workers on the grounds of disability. The revisions were promulgated as Ministry of Health, Labour and Welfare Notice No. 342 and No. 343, both of which will apply from October 1, 2026.

The basis for the revision is Article 47-12 of the Act on Securing the Proper Operation of Worker Dispatching Undertakings and the Protection of Dispatched Workers (Act No. 88 of 1985), as applied by reading substitution pursuant to the provisions of Article 44 of the Act on Improvement, etc. of Employment of Construction Workers (Act No. 33 of 1976). The notices were signed by Minister of Health, Labour and Welfare Kenichiro Ueno.

Prohibition of Exclusion and Discriminatory Treatment on the Grounds of Disability

Notice No. 342 revises the guidelines regarding measures to be taken by dispatching business owners (Ministry of Health, Labour and Welfare Notice No. 456 of 2005), establishing new obligations when concluding a Construction Business Worker Employment Opportunity Securing Agreement with a receiving business owner. It stipulates that dispatching business owners must not exclude persons with disabilities or set conditions that are unfavorable only to persons with disabilities on the grounds of their disability, nor shall they dispatch non-disabled workers to receiving business owners based on such practices.

This provision prohibits discrimination based on disability starting from the contract conclusion stage and directly impacts the receiving and dispatching practices of the entire construction dispatch industry.

New Obligations for Treatment Improvement and Information Provision

The same notice also established new measures, such as evaluations, aimed at improving the treatment of dispatched workers. When conducting evaluations of job performance, providing education and training, offering career consulting, and securing/providing employment opportunities, dispatching business owners are required to ensure that treatment improves as performance increases, conduct evaluations at appropriate times, and provide feedback on the results upon request.

Furthermore, it was stated that even if no explanation is requested by the dispatched worker, it is desirable to provide materials that make the content and reasons for differences in treatment easy to understand—such as during the renewal of a labor contract—and to notify the worker that they may request an explanation. Additionally, wording was streamlined to change the basis of labor conditions, such as wages during the dispatch employment period, from “employment contract” to “labor contract.”

Revision of Guidelines for Equal Pay for Equal Work

Notice No. 343 revises the guidelines regarding the prohibition of unreasonable treatment of dispatched workers (Ministry of Health, Labour and Welfare Notice No. 203 of 2019) and reorganizes the table of contents. A new section for retirement allowances was added to Section 3, “Dispatched Workers,” and various allowances (excluding retirement allowances) were reorganized as independent items.

The purpose of these guidelines is to ensure fair treatment regardless of employment or working status, and to establish measures toward achieving the equal pay for equal work that our country aims for, with the goal of eliminating unreasonable differences in treatment and discriminatory handling between regular workers employed by the accepting employer and dispatched workers.

Impact on the Construction Staffing Industry

This revision explicitly prohibits discrimination against persons with disabilities, imposing new compliance obligations on both the sending and accepting employers of construction worker dispatch. It is required that contract conclusion procedures and mechanisms for evaluation and information provision be established by the start of application on October 1.

Source: Ministry of Health, Labour and Welfare Notification No. 342 and No. 343 (Official Gazette, September 14, 2026; applicable from October 1, 2026)—Based on Article 44 of the Act on Improvement, etc. of Employment of Construction Workers (Act No. 33 of 1976) and Article 47-12 of the Worker Dispatching Act (Act No. 88 of 1985).