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| HOME > Articles of Incorporation |
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| Articles of Incorporation |
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| Chapter 1 General Provisions |
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(Name of the Association)
Article 1 This association shall call itself Japan Staffing Services Association ("JASSA" or "this Association"). |
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(Office)
Article 2 JASSA shall have its office at 11-14, Iida-bashi 3-chome, Chiyoda-ku, Tokyo. |
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(Objects)
Article 3 JASSA, in accordance with the spirit of the Law for Securing the Proper Operation of Worker Dispatching Undertakings and the Improved Working Conditions for Dispatched Workers ("the Worker Dispatching Law"), shall have the following for its objects: It is to make its own endeavors to have these undertakings operate properly, in a bid to foster the sound development of the whole manpower dispatching industry, so that JASSA may contribute its share to the appropriate adjustment of demand for and supply of labor in the country and to the welfare, including but not limited to the employment stability, of the temporary workers dispatched from these agencies in Japan. |
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(Operations)
Article 4 JASSA shall engage in the following operations
to attain its objects provided for under the preceding
Article:
(1) consultancy, guidance and support to help manpower
dispatching businesses operate properly and develop soundly;
(2) promotion of education and training and other operations
to help develop and improve vocational abilities in temporary
workers presently dispatched from these businesses or
in persons wishing to be such;
(3) promotion of the proper employment management for
temporary workers presently dispatched from these companies
and other operations aimed at stabilizing their employment
and improving their welfare;
(4) publishing papers and books on the manpower dispatching
industry and other PR activities for the said industry;
(5) conducting researches and investigations, and holding
seminars, short courses and so on, concerning the manpower
dispatching industry;
(6) liaison and adjustment with the relevant government
offices, related organizations and so on; and
(7) other operations required to achieve the above objects
of JASSA. |
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(Kinds of Members)
Article 5 JASSA shall comprise the following members:
(1) the full members (the "Full Member(s)"): those general
manpower dispatching business operators and specific manpower
dispatching business operators which have approved of
the above objects of JASSA and have joined the Association;
and
(2) the supporting members ("the Supporting Member(s)"):
those individuals and organizations (excluding the Full
Members) that have joined JASSA to cooperate in carrying
out its operations listed above. |
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(Membership Fees
and Admission Fee)
Article 6 The Full Member shall pay JASSA the membership
fee and the admission fee, which shall be fixed separately
by the General Meeting of Full Members.
2．The Supporting Member shall pay JASSA a contribution,
which shall be fixed separately by the General Meeting
of Full Members. |
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(Admission)
Article 7 The party that is to join JASSA as a member shall submit to its Chairman an application for admission, which shall be cleared by the Association's Board of Directors. |
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(Loss of Membership)
Article 8 If any one of the following is applicable
to a member, the said member shall lose its membership:
(1) withdrawal from JASSA;
(2) death, or ceasing to exist; or
(3) expulsion from JASSA. . |
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(Withdrawal)
Article 9 The member may withdraw from JASSA by
submitting to its Chairman a notice of withdrawal, which
shall include the reason(s) for the withdrawal.
2．If any member should be punished by the Minister of
Health, Labor and Welfare with the cancellation of its
license to operate as a general manpower dispatching business
or with an order to cease to operate as a specific manpower
dispatching business, or in case any Full Member has its
notice of cessation of its operation as a general manpower
dispatching business or as a specific manpower dispatching
business accepted by the said minister, it shall be considered
that the said member or Full Member has withdrawn from
JASSA as of the day of the said punishment or of the said
acceptance of the notice concerned. |
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(Expulsion etc.)
Article 10 If any one of the following is applicable
to a member, JASSA may expel the said party from it through
a concurring vote of at least two-thirds of all the Full
Members present at a General Meeting of Full Members.
(1) violation of this Articles of Incorporation or any
other in-house regulation or rule of JASSA;
(2) performance of an act of injuring the reputation or
credit of JASSA, or an act unfit for any of the above
objects of JASSA; or
(3) letting its membership dues fall into arrears by six
(6) months or more.
2． If any one of the events listed under the preceding
paragraph is applicable to a member, JASSA may suspend
the membership of the party concerned by fixing a suspension
period within six (6) months through a concurring vote
of at least two-thirds of all those Directors present
at a meeting of the Board of Directors. In this case,
JASSA shall report the fact of the said membership suspension
to the first General Meeting of Full Members after the
start of the said suspension.
3． In either of the cases provided for under the preceding
two paragraphs, JASSA shall give the member in question
an opportunity of explanation before taking the vote concerned.
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(No Return of Money or Other Valuables Already Contributed)
Article 11 JASSA shall not refund its members the membership fee or the admission fee they have paid it, nor give back to the said parties any other valuables they have contributed to it. |
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| Chapter 3 Executives etc. |
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(Kinds of Executives)
Article 12 JASSA shall have the following as its
executives:
(1) one (1) Chairman;
(2) fifteen to twenty (15 - 20) Directors (including the
Chairman, the Chief Director, the Deputy Chief Directors,
and the Managing Director);
(3) one (1) Chief Director;
(4) two (2) Deputy Directors;
(5) one (1) Managing Director; and
(6) one or two (1 or 2) Auditors. |
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(Election of Executives)
Article 13 The Directors and the Auditor(s) shall
under separate provisions be elected at the General Meeting
of Full Members.
2．The Directors elected shall in turn elect the Chairman,
the Chief Director, and the Deputy Chief Directors from
among themselves.
3．The Chairman shall elect the Managing Director from
among the Directors, subject to the approval of the Board
of Directors.
4．When a Director's relatives or otherwise specifically
interested persons are also to be Directors, the total
of these prospective Directors and the concerned present
Director shall not exceed one third of all the Directors
of JASSA.
5．No Director may serve concurrently as Auditor, and vice
versa. 6．In the case that there are two Auditors, they
shall not be relatives or otherwise mutually specifically
interested persons. |
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(Duties of the
Executives)
Article 14 The Chairman shall represent JASSA,
and preside over the general operation of JASSA.
2．The Chief Director shall represent JASSA, be in charge
of the general operation of JASSA, and, if the Chairman
should encounter an accident or if JASSA should have no
Chairman, take over the Chairman's duties.
3．The Deputy Chief Directors shall represent JASSA, and
assist the Chief Director, and, if the Chairman or the
Chief Director should meet with an accident or if JASSA
should have no Chairman or no Chief Director, that one
of them nominated to do so first by the Chairman in advance
and then the other shall take over the Chairman's or Chief
Director's duties.
4. The Managing Director shall assist the Chairman, the
Chief Director, and the Deputy Chief Directors, and be
in charge of the regular business of JASSA.
5. The Directors shall make up the Board of Directors,
and carry out the operations of JASSA.
6．The Auditor(s) shall have the following duties:
(1) to audit in the state of JASSA's assets;
(2) to audit how the Directors carry out JASSA's operations;
(3) when detecting any irregularity concerning the state
of JASSA's assets or the way any Director carries out
those operations of JASSA which are in his/her charge,
to report the said irregularity to the Board of Directors,
and to the General Meeting of Full Members or the Minister
of Health, Labor, and Welfare; and
(4) when necessary to make the reports provided for under
the preceding paragraph, to request that a meeting of
the Board of Directors or a General Meeting of Full Members
be convened.
7．The Auditor(s) may, subject to the approval of the Board
of Directors, be present at a meeting of the Board of
Directors but shall not be entitled to participate in
resolutions by the said meeting. |
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(Term of Office
of Executives)
Article 15 The tenure of office of the Executives
shall be two (2) years. In the case of those Executives
elected as substitutes or to increase the number of Executives,
the term shall be the remainder of the term of office
for their predecessor or for the present Executives.
2．The Executives may be re-elected.
3．The Executives, even when having resigned as such or
served out their term, shall not stop performing their
duties as such until their successor assumes office as
such. |
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(Dismissal of the
Executives)
Article 16 If any one of the following is applicable
to an Executive, JASSA may remove the said executive from
office, through a concurring vote of at least two-thirds
of those Full Members present at a General Meeting of
Full Members, provided, however, that JASSA shall give
the Executive in question an opportunity of explanation
before taking the vote concerned:
(1) the recognition that it is impossible for the concerned
Executive to fulfil his/her duties as such due to a mental
or physical problem or for any other compelling reason;
or
(2) the recognition that the concerned Executive has committed
an act inappropriate for a person as such, including but
not limited to violation of his/her duties as such. |
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(Remuneration of the Executives)
Article 17 JASSA may give its Executives remunerations of the amounts fixed by the General Meeting of Full Members. |
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(The Honorary Chairman
and the Advisor(s))
Article 18 JASSA may have an Honorary Chairman
and an Advisor or Advisors, besides the above Executives.
2．The Chairman shall appoint an Honorary Chairman from
among those who have made great contributions to JASSA,
subject to the approval of the General Meeting of Full
Members.
3．The Chairman shall appoint a person or persons as an
Advisor or Advisors, subject to the approval of the Board
of Directors.
4．The Honorary Chairman and the Advisor(s) may, at the
Chairman's request, attend a General Meeting of Full Members
or a meeting of the Board of Directors to express opinions.
However, they shall not be entitled to participate in
resolutions by the said meeting. |
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(The Staff)
Article 19 JASSA shall be staffed with the following
personnel, whom the Chairman shall appoint and dismiss:
(1) one (1) Secretary-general; and
(2) a few staffers.
2．The Managing Director may double as Secretary-general.
3．The Secretary-general shall manage the operations of
JASSA under the direction of the Chief Director.
4．The staffers shall carry on the operations of JASSA
under the direction of the Secretary-general.
5．Concerning other matters related to the organization
or operation of the secretariat, or executive office,
that need to be decided on, the Chief Director shall make
decisions separately, subject to the approval of the Board
of Directors. |
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（Books and Other
Documents to Be Kept）
Article 19-2 In the secretariat, or executive office,
the following documents, including, without limitation,
the books, shall be kept:
(1) this Articles of Incorporation;
(2) the List of JASSA's Members, and a document about
changes in the Members;
(3) the List of JASSA's Directors, Auditor(s), and Staff,
and their resumes;
(4) documents concerning permission, approval, license,
authorization and the like, and concerning registration;
(5) the minutes of meeting of JASSA's organs provided
for in this Articles of Incorporation;
(6) books and other documentary evidence of income and
expenditure at JASSA;
(7) a document showing the states of the assets, liabilities,
and net assets of JASSA; and
(8) other documents, including books. |
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| Chapter 4 General Meeting of Full Members |
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(Kinds of the General
Meeting of Full Members etc.)
Article 20 The General Meeting of Full Members
of JASSA shall be either an ordinary or an extraordinary
General Meeting of Full Members.
2．The General Meeting of Full Members shall be made up
of Full Members of JASSA.
3．The ordinary General Meeting of Full Members shall be
convened once a year within two(2) months after the end
of each business year, while an extraordinary General
Meeting of Full Members shall be called in any of the
following cases:
(1) when the Chairman recognizes the need for one;
(2) when the Board of Directors recognizes the need for
one;
(3) when one-fifth or more of the Full Members file a
written request that one be held in which shall be stated
the purpose(s) of the meeting requested; or
(4) when the Auditor(s) requests(request) that one be
convoked under the provision of Paragraph 4 of Subsection
6 of Section 14.
4．A General Meeting of Full Members shall be convened
by notifying the Full Members of it through the delivery,
by ten (10) days before its holding, of a letter from
the Chairman stating its bills, date, and place. However,
this shall not apply in an emergency.
5．When the request is made under Paragraph 3 or 4 of Subsection
3 of this Section, the Chairman shall convene an extraordinary
General Meeting of Full Members within thirty (30) days
of the said request.
6．A General Meeting of Full Members shall pass resolutions
only on matters of which the Full Members have been notified
under the provision of Subsection 4 of this Section. This
shall not apply, however, when, concerning a matter of
urgency, one half or more of the Full Members present
agree that a new bill be introduced in the meeting concerned.
7．A bill urgently brought up for discussion in a General
Meeting of Full Members under the proviso of Subsection
6 of this Section shall be adopted and enacted into law
through a concurring vote of at least two-thirds of the
Full Members present at the said meeting. |
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(Matters for Resolution
by the General Meeting of Full Members)
Article 21 The General Meeting of Full Members
shall take votes on the following matters, in addition
to those indicated separately in this Articles of Incorporation:
(1) the business plan, and the budget of income and
expenditure;
(2) the business report, and the settlement of accounts;
and
(3) other important matters concerning the operation
of JASSA. |
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(Chairman of a General Meeting of Full Members)
Article 22 The chairman of a General Meeting of Full Members shall be elected from among those Full Members present at the said meeting. |
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(Quorum for the General Meeting of Full Members)
Article 23 A General Meeting of Full Members shall not be called to order until the number present comes up to the quorum of a majority of all the Full Members of JASSA. |
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(Resolution by
the General Meeting of Full Members)
Article 24 The General Meeting of Full Members
shall decide for or against a bill by a majority vote,
unless otherwise provided in this Articles of Incorporation.
When the votes are equally divided, the chairman of the
meeting concerned shall have the deciding vote.
2．When a Full Member cannot attend a General Meeting of
Full Members, the Full Member concerned may exercise his/her
vote by voting in writing on the bills concerned, of which
all the Full Members have been notified, or by sending
his/her proxy to the above meeting. In this case, only
a Director of the concerned Full Member's company (or,
in the case of the Full Member being an individual, an
equivalent person) or another Full Member may act as proxy.
3．In the case provided for under the preceding Subsection,
the concerned Full Member shall be deemed present at the
said General Meeting of Full Members. |
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(Right to Vote in the General Meeting of Full Members)
Article 25 Each and every Full Member of JASSA shall have one (1) voting right to be exercised at the General Meeting of Full Members of the Association. |
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(The Minutes of
a General Meeting of Full Members)
Article 26The minutes of a General Meeting of Full
Members shall be drawn up by stating the matters given
below. To the said minutes, the chairman of the said meeting
and those two (2) Full Members present nominated by the
said chairman shall affix their signatures and seals.
(1) The bills for and the date and place of the said meeting;
(2) the total of the Full Members, and the number of those
Full Members present at the meeting concerned; and
(3) the proceedings of the meeting in outline and their
results. |
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| Chapter 5 The Board of Directors etc. |
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(Makeup etc. of
the Board of Directors)
Article 27 The Board of Directors shall be made
up of JASSA's Directors.
2. A meeting of the Board of Directors shall be called
in any of the following cases:
(1) when the Chairman recognizes the need for one;
(2) when one-third or more of the Directors file a written
request that one be held in which shall be stated the
purpose(s) of the meeting requested; or
(3) when the Auditor(s) requests(request) that one be
convoked under the provision of Paragraph 4 of Subsection
5 of Section 14.
3．A meeting of the Board of Directors shall be convened
by notifying the Directors of it through the delivery,
by seven (7) days before its holding, of a letter from
the Chairman stating its bills, date, and place. However,
this shall not apply in an emergency.
4．When the request is made under Paragraph 2 or 3 of Subsection
2 of this Section, the Chairman shall convene a meeting
of the Board of Directors within fourteen (14) days of
the said request.
5．A meeting of the Board of Directors shall pass resolutions
only on matters of which the Directors have been notified
under the provision of Subsection 3 of this Section. This
shall not apply, however, when, concerning a matter of
urgency, all those Directors present agree that a new
bill be introduced in the meeting concerned. |
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(Matters for Resolution
by the Board of Directors)
Article 28 The Board of Directors shall take votes
on the following matters, in addition to those indicated
separately in this Articles of Incorporation:
(1) matters concerning the conduct of JASSA's operations;
(2) matters to be referred to the General Meeting of Full
Members;
(3) matters entrusted to the Board of Directors by the
General Meeting of Full Members; and
(4) other important matters. |
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(Chairman of the Board of Directors)
Article 29 The Chairman of JASSA shall serve as chair in each and every meeting of the Board of Directors. |
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(Quorum for the Meeting, etc. of the Board of Directors)
Article 30 The provisions of Articles 23 through 26 shall apply to the Board of Directors. In this case, "the General Meeting of Full Members" and "the Full Members" shall be replaced by "the Board of Directors" and "the Directors", respectively. |
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(Committees)
Article 30-2 JASSA may set up Standing Committees
and Committees of Experts.
2. A Standing Committee shall deliberate on a specific
matter the Board of Directors has referred to it, and
report the results of the said deliberations to the Board
of Directors.
3．The Chairman shall appoint the members of a standing
committee, subject to the approval of the Board of Directors.
4．A Committee of Experts shall study and deliberate a
matter a Standing Committee has designated, and report
the results of the said study and deliberations to the
Standing Committee concerned.
5．Concerning other matters related to Standing Committees
or Committees of Experts that need to be decided on, the
Chairman shall make decisions separately, subject to the
approval of the Board of Directors. |
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| Chapter 6 Assets and Accounting |
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(Structure of the
Assets)
Article 31 JASSA's assets consist of the following:
(1) the membership fees and the admission fees;
(2) contributions and donations, including gifts of
money and contributions in kind;
(3) income from each of JASSA's operations;
(4) income from the assets; and
(5) other incomes. |
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(Management of the Assets)
Article 32 The Chairman shall manage the assets, while the Board of Directors shall decide how he/she is to do so. |
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(Payment of Expenses,
etc.)
Article 33 JASSA's expenses shall be paid out of
its assets.
2．When in the settlement of accounts for the current fiscal
year a surplus occurs, the said surplus shall be carried
over to the next fiscal year or laid up as the reserve,
depending on the resolution of the General Meeting of
Full Members |
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(Special Accounts)
Article 34 When necessary to implement a special project, JASSA may start a special account for it, subject to the approval of the General Meeting of Full Members. |
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((Long-term Borrowing)
Article 35 When JASSA is to borrow money and if it is not a short-term loan to be repaid out of income for the current fiscal year, it shall do so through a concurring vote of at least two-thirds of those Full Members present at a General Meeting of Full Members and then with the approval of the Minister of Health, Labor, and Welfare. |
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(Business/Fiscal Year)
Article 36 JASSA's business/fiscal year shall start from April 1 each year and run through March 31 the following year. |
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(The Business Plan,
the Budget of Income and Expenditure, etc.)
Article 37 The Chairman shall make the business
plan and the budget of income and expenditure of JASSA,
subject to the decision by the General Meeting of Full
Members.
2．When, notwithstanding the provision of the preceding
paragraph but for a compelling reason, a budget fails
to come into force in time, the Chairman may receive incomes
or pay expenses till one has come into existence based
on the budget for the preceding fiscal year.
3．The incomes and expenses under the preceding paragraph,
when a new budget has come into existence, shall be deemed
incomes into and expenses out of the said new budget.
4．The Chairman shall prepare the business report, settlement
statements, balance sheet, and the inventory of JASSA,
subject to the audit by the Auditor(s) and then to the
approval of the General Meeting of Full Members. |
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| Chapter 7 Amendment to This Articles of Incorporation and Dissolution of the Association |
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(Amendment to This Articles of Incorporation)
Article 38 This Articles of Incorporation shall be amended only through a concurring vote of at least two-thirds of all the Full Members of JASSA present at a General Meeting of Full Members that shall be followed by the approval of the Minister of Health, Labor, and Welfare. |
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(Dissolution)
Article 39 JASSA shall dissolve itself for the reasons provided for under Paragraphs 2 through 4 of Subsection 1 and under Subsection 2 of Section 68 of the Civil Law Act. |
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(Disposal of Residual Assets)
Article 40 Those assets of JASSA remaining after its dissolution shall be contributed to a nonprofit foundation or such foundations having objects similar to JASSA's, subject to the resolution of the General Meeting of Full Members and then to the approval of the Minister of Health, Labor, and Welfare. |
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| Chapter 8 Miscellaneous Provisions |
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(Charge)
Article 41 Concerning matters necessary to execute
this Articles of Incorporation, other than those provided
for in this Articles of Incorporation, the Chairman shall
be charged with making decisions, subject to the resolution
by the Board of Directors. |
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(Access to the
Minutes and the Books)
Article 42 At the request of a member, JASSA shall
permit the said party access to its minutes or books. |
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Supplementary
Provisions
1．This Articles of Incorporation of JASSA shall come into
force on the day of approval of the association's incorporation.
2．JASSA at its incorporation shall have the persons listed
on the Accompanying Sheet as its executives, notwithstanding
the provisions of Clauses 1 through 4 of Article 13 of
this Articles of Incorporation. The term of office of
the said executives shall expire at the close of the ordinary
General Meeting of Full Members in 1988, notwithstanding
the provision of Clause 1 of Article 15 of this Articles
of Incorporation.
3．The first business year of JASSA shall start on the
day of approval of its establishment and run through March
31, 1987, notwithstanding the provision of Article 36
of this Articles of Incorporation.
4．The business plan and the budget for the first business
year of JASSA shall be determined by the General Meeting
of Full Members for the incorporation of the association,
notwithstanding the provision of Clause 1 of Article 37
of this Articles of Incorporation. |
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Supplementary Provision
1．This Articles of Incorporation of JASSA shall come into force on the day of approval of the Minister of Labor. (June 19, 1987) |
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Supplementary Provision
1．This Articles of Incorporation of JASSA shall come into force on the day of approval of the Minister of Labor. (June 22, 1988) |
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Supplementary Provision
1．This Articles of Incorporation of JASSA shall come into force on the day of approval of the Minister of Labor. (July 1, 1996) |
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Supplementary Provision
1．This Articles of Incorporation of JASSA shall come into force on the day of approval of the Minister of Labor. (December 28, 1999) |
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Supplementary Provision
1．This Articles of Incorporation of JASSA shall come into force on the day of approval of the Minister of Labor. (December 21, 2001) |
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Supplementary Provision
1．This Articles of Incorporation of JASSA shall come into force on the day of approval of the Minister of Labor. (September 6, 2002) |
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Supplementary Provision
1．This Articles of Incorporation of JASSA shall come into force on the day of approval of the Minister of Labor. (July 16, 2004) |
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