問52
頻出度★★☆
システム開発を外部に委託する場合に行う管理方法として，適切なものはどれか。
平成21年度 秋期 ITパスポート試験 問52
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 52
Incorrectア
Incorrect. Who bears management responsibility and risk depends on the form of outsourcing. Under a contract for work, the contractor bears the responsibility and risk of completion; the client does not bear it all. Moreover, giving direct instructions regardless of the form of outsourcing is exactly the classic case of disguised contracting when the arrangement is a contract for work.
Incorrectイ
Incorrect. Even if the client handles another part of the project, the authority to direct the work outsourced under the lump-sum contract still belongs to the contractor. The fact that both sides share portions of the same project is no basis for giving instructions directly to the contractor's employees; doing so is still disguised contracting.
- ウ
正解 A turnkey (lump-sum) contract is a contract in which the contractor promises to complete and deliver the deliverables. How the work is carried out, how staff are assigned, and how progress is managed are all handled at the contractor's own responsibility and risk. The client therefore has no authority to direct or command the contractor's employees and must not give them instructions directly. If the client does give direct instructions, the arrangement is a contract in name only while in substance it is worker dispatch — so-called disguised contracting — which violates the Worker Dispatch Act and the Employment Security Act. The correct management method is for the client to use the contractor's responsible manager as the point of contact, convey specifications and requirements through that person, and manage by the deliverables.
Incorrectエ
Incorrect. Under worker dispatch, the authority to direct dispatched workers belongs to the receiving company (the client). The dispatching company, as the employer, is responsible for working conditions and the like, but the actual performance of the work is directed by the receiving company. So saying that the client does not give instructions directly to the dispatched worker is the opposite of how dispatch works — it is exactly the reverse of the contract-for-work case.
ここがポイント
- Contract for work (lump-sum): the goal is completion of the deliverables. The contractor bears the responsibility and risk for the work, and the client has no authority to direct it. If the client gives direct instructions, it becomes disguised contracting.
- Worker dispatch: employment lies with the dispatching company, while the authority to direct lies with the receiving company (the client). Who gives the instructions is reversed between a contract for work and dispatch — that contrast is the core of this question.
用語