問23
頻出度★★☆
労働基準法において, 時間外及び休日の労働を認めるために規定されていることはどれか。
平成21年度 秋期 ITパスポート試験 問23
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 23
Incorrectア
Establishing and filing work rules is a separate obligation imposed on workplaces that regularly employ 10 or more workers. The mere existence of work rules does not provide grounds for ordering overtime or holiday work. Its requirements differ from concluding and filing an Article-36 agreement.
Incorrectイ
The legal requirement for permitting overtime and holiday work is not confirming each individual worker's intention, but a collective labor-management agreement with a person representing the majority of the workers at the workplace. Article 36 of the Labor Standards Act contains no provision requiring individual consent.
- ウ
正解 The Labor Standards Act sets limits on working hours (in principle 8 hours a day and 40 hours a week) and requires at least one day off per week, so overtime work and work on holidays beyond these limits are in principle not permitted. The procedure that allows them as an exception is set out in Article 36 of the Act: the employer must conclude a labor-management agreement in writing with a representative of the majority of the workers (such as a majority labor union) and submit it to the competent administrative agency (the Labor Standards Inspection Office). This agreement is called the Article-36 agreement after the article number. The key point is that concluding it alone or submitting it alone is not enough; only when both are done does overtime and holiday work become lawful. Choice ウ states this, so it is correct.
Incorrectエ
Premium wages are a rule about the compensation that must be paid when overtime or holiday work has actually been performed; they are not a requirement for whether such work may be assigned. Even if the payment details are fixed, overtime and holiday work is illegal without an Article-36 agreement.
ここがポイント
- Overtime and holiday work is lawful only when a labor-management agreement based on Article 36 of the Labor Standards Act (the Article-36 agreement) is concluded in writing and filed with the administrative agency (the Labor Standards Inspection Office).
- The Article-36 agreement is a collective agreement with the majority representative at the workplace, and it is a different system from establishing work rules, setting premium wages, or confirming each individual's intention.
用語