An envelope arrived at GIGAZINE from the Fair Trade Commission

Even people who do not usually see much news "Fair Trade CommissionI think I've heard of the name 's name. This organization, as the name implies, free trade in the economyAntitrust lawIt is an institution established to operate,SoftBank mobileYa"0 yen" advertisement that EMOBILE carried outInvestigating whether it is an improper indication,JASRAC issued a cease and desist orderWe are doing the activity.

On the contrary, I was always thinking about how the Fair Trade Commission is proceeding with this investigation, but apparently in order to protect fair transactions, I contacted a subcontractor who randomly extracted from the list to cooperate It seems that she seems to be asking for it. This document arrived = It seems that your company cooperates because it is not a violation of the Antimonopoly Law but is investigating to surrounding companies, but what kind of research is actually done is actually Please see the document of.

In addition, those who apply to subcontractors in this classification should check the choices of this question and confirm that they do not act in violation of the Subcontract Act.

Details are as below.
First of all, the sealed letter will arrive from "Fair Trade Commission Secretary General Bureau Economic Transaction Bureau Transaction Department Subcontract Transactions Research Office". This is actually the one that reached GIGAZINE the other day.


Contents is like this. A survey request form, a response form, and a return envelope are enclosed.


The front side of the answer sheet. Fill in your company information and fill in answers to the questions below with a ballpoint pen. The name of a company actually existed in "Parent enterprises subject to survey this time".


It is a free entry column on the back side of the answer sheet, about matters not applicable to the option. Also, in the portion where the red line is drawn, "When actually conducting an investigation to the parent company, please be careful not to mention the fact as it is because we carefully note that the source will never be known to the parent company .There is. Furthermore, at the bottom, the Fair Trade Commission implemented measures to rectify 2964 parent businesses in FY2008, and for 50 parent companies that had reduced the subcontracting fee, 2.95533 million It also describes the achievement that orders yen to be paid to 2022 subcontractors.


And, as for "Survey concerning dealings with parent business".Subcontract procurement payment delay prevention law (Subcontract Act)It is written that the Fair Trade Commission that manages the survey is conducting a survey on a company selected by random extraction from the list of subcontractors of the parent company regarding the transaction with the surveyed target business entity (parent company) "We will not inform your parent company."It will not be used for purposes other than the purpose of this surveyBecause,Answer as it isplease. It is written. In addition, "When you are instructed by the parent company to receive instructions on the content of the response or to submit a copy of the answer sheet", you should contact each regional research office and subcontracting department of the Secretariat of the Fair Trade Commission .


"Please read before creating an answer." It has appeared many times so farWhen conducting surveys for parent companies, please be aware that you never know the source of information so that you will never know the source, so please be assured and answer the fact as it is.The text that once again appeared.


This surveySubcontract ActAs it is based on, it is first checked whether the parent company falls under "legal parent business". When the transaction content is "manufacturing (including processing)" "repair" "creation of information artifact" "Provision of serviceIf none of the four types, "parent company" will be none.


This is the question from here. For each point of the subcontracting law, we will check in detail whether parent companies have problems. First of all, "About the delivery of a purchase order document." At the time of ordering, the parent company is obliged to issue a document (order form and contract) that describes all necessary items such as "order details", "subcontract fee amount", "due date", etc., but it will fulfill it properly Check if it is. It is a violation of the subcontracting law when placing an order with verbal order or issuing a purchase order document not stating unit price.


"About payment system of subcontract payment": If the parent company does not pay the price by the due date, such as "the submission of the invoice was delayed" or "administrative processing delayed", it is a violation of the subcontracting law. Whether there was no such case, I gave a specific choice and checked carefully as to whether the parent company was applicable.


"About the method of determining the amount of subcontracting fee": The parent company is prohibited from deciding an unreasonably low price compared with the price to be normally paid, and when determining the price unilaterally, the parent company violates the subcontracting law There is a fear. "About Reduction of Subcontract Proceeds": If a subcontractor is not responsible, even if there is a preliminary agreement, if the parent company reduces the price regardless of the nominal, method, or amount of money, it is a violation of the subcontracting law.


"About change and redoing of ordering contents": When subcontractors are not responsible, they are required to perform additional work at the convenience of the parent company, and if they do not pay the costs, they are in violation of the subcontracting law. "On request for economic benefits": Parent businesses breach the subcontracting law to make subcontractors bear cooperative money as a settlement measure.


"Request for Purchase Requests and Requests for Service": Without justifiable reasons, the parent company may have the subcontractor purchase the product for the promotion of the product, or subcontractor It is a violation of the subcontracting law to have the service to be used.


If you are only contracted to provide services, the answer is here. In case of undertaking such as manufacturing of goods, we will continue to the next question.

"Receiving (receipt of delivered items) refused": If you cancel the order for the subcontractor for the convenience of the parent company and do not receive deliveries it is a violation of the subcontracting law. "About returned goods": It is a violation of the subcontracting law to refund products despite delivering properly delivered products in accordance with the order form and returning the order.


"About the timing of settlement of raw materials paid for a fee": When the parent company pays the raw material to the subcontractor for a fee, settle the material fee earlier than the payment date of the subcontracted item of the item using the raw material It is a violation of the subcontracting law. In addition, for companies engaged in mold related work, the Subcontract Act is applied to contract manufacturing of dies as well as the questions so far so we need to confirm the contents.


All the questions are over with this. Please fill out the answer sheet,E - Gov (e - government office)All you have to do is answer from.


This is how we gather answers on the road and conduct investigation ... ....

Fair Trade Commission
http://www.jftc.go.jp/