問51
頻出度★★☆
ソフトウェア開発を請負契約で外部委託するときに, 発注側が行わなければならないことはどれか。
平成21年度 春期 ITパスポート試験 問51
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 51
Incorrectア
Instructing the other party to start work before the contract is concluded is, far from being something that must be done, something that should be avoided. If work proceeds while the scope of the contracted work, the deadlines, the payment, and the acceptance conditions are still undecided, trouble will later arise over the scope of the deliverables and where responsibility lies, and the basis for paying the fee is lost as well. As a rule, work should begin only after the contract has been signed.
Incorrectイ
Under a contract for work, which workers are assigned and how they are deployed is for the contractor to decide, so the ordering party demanding a list of the workers in order to identify and screen individual staff means stepping into the contractor's labor management. A situation in which the ordering party effectively gives orders and directions to those workers risks being regarded as disguised contracting, so it is not a duty of the ordering party.
Incorrectウ
Preparing the work environment, such as the work location and the computers to be used, is in principle arranged by the contractor itself, since it is the contractor that bears responsibility for completing the work. A setup in which the ordering party supplies the work environment and has the work done there under its own instructions is close in substance to worker dispatch and departs from the purpose of a contract for work. It is not something the ordering party must necessarily do.
- エ
正解 The correct answer is エ. A contract for work (ukeoi) is a contract that promises the completion of a piece of work: the contractor is obliged to complete the agreed deliverables and hand them over, and receives payment in return. Without a standard for judging completion the contract itself cannot stand, so at the time of contracting the ordering party must make clear what is to be delivered and by when — that is, it must present the list of deliverables (the scope of programs, design documents, manuals, and so on) and the delivery deadlines. Conversely, by what procedure, by whom, and where the work is carried out are matters for the contractor to decide at its own discretion and responsibility, not areas for the ordering party to interfere in. It is easier to grasp if you organize it as: the ordering party's role is to present the goal, and the contractor's role is the route to that goal together with responsibility for completion.
ここがポイント
- A contract for work is a contract whose purpose is the completion of the work. The contractor bears responsibility for completion, and how the work is carried out, which staff are used, and the work environment all fall within the contractor's discretion. The ordering party's duty therefore comes down to presenting the criteria for judging completion: the list of deliverables and the delivery deadlines.
- If the ordering party steps into the contractor's staffing and work environment and in effect gives orders and directions, it risks amounting to disguised contracting. Learn this together with the difference between a contract for work (with responsibility for completion) and a quasi-mandate contract (carrying out the work under a duty of care of a prudent manager, with no responsibility for completion).
用語