問10
頻出度★★☆
A社では, 自社で働いている派遣会社B社からの派遣社員の就業管理用に, B社のWeb版の派遣社員就業管理システムをインターネット経由で使用している。このシステムを用いた当該派遣社員の日常の就業時間の承認者として, 最も適切な者はどれか。
平成22年度 秋期 ITパスポート試験 問10
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 10
Incorrectア
This person does belong to host Company A, but the role of a system administrator is running the IT infrastructure, such as issuing user accounts, setting permissions, and maintaining servers and networks; it does not involve the work itself. The system administrator is not in a position to see first-hand what hours each dispatched employee worked, and is not the person who directs the work, so this is not an appropriate approver of working hours.
- イ
正解 The correct answer is イ, the work supervisor of host Company A (the receiving company). In worker dispatch, the employer that signs the employment contract is the dispatch agency (Company B), but the dispatched employee works under the direction and orders of the host company (Company A). For that reason the Worker Dispatch Act also makes the host company responsible for day-to-day work management, including tracking start and end times, and requires the host company to prepare a host-company management ledger recording the work status and to report it to the dispatch agency. The only person who can actually see the daily working hours and approve them as correct is the work supervisor of Company A, who gives that dispatched employee work instructions on site. One thing to watch out for here: do not be swayed by the fact that the system used is Company B's web-based system accessed over the internet (the so-called ASP / SaaS style of using an external service). The approver is decided not by who owns the system, but by who directs the work and directly knows the actual working situation. Whoever provides the system, the division of business responsibility does not change, so the answer is イ.
Incorrectウ
It is true that dispatch agency B provides and operates the system, but managing a system and holding the authority to approve business data are two different things. Moreover, the person in charge at Company B is not at Company A's worksite and cannot directly confirm how the dispatched employee actually worked. Unsuitable as the approver both in company position (the sending company) and in role (IT operations), this is the choice furthest from the answer.
Incorrectエ
As the employer, dispatch agency B handles payroll, social insurance, and the employment management of dispatched employees. However, the management supervisor at Company B is not at Company A's workplace and cannot see the daily start and end of work first-hand. Company B's side receives the report of working hours already approved by the work supervisor of Company A (for example through the host-company management ledger) and uses it for payroll and billing; it is not the first-line approver of daily working hours. Thinking that the employer must therefore be the approver is the trap, which makes this the most tempting wrong answer in this question.
ここがポイント
- Division of responsibility in worker dispatch: the employment contract, wage payment, and social insurance belong to the dispatch agency (Company B), while direction of the work and day-to-day work management (tracking start and end times, approving working hours) belong to the host company (Company A). The host company records the work status in a host-company management ledger and reports it to the dispatch agency. The approver of daily working hours is therefore the work supervisor at the host company.
- The owner or operator of a system is not the same as the holder of the authority to approve business data. Even when a web system provided by another company is used over the internet (the ASP / SaaS style), who approves is decided by the division of business responsibility; the system administrator is responsible for running the IT infrastructure, not for approving work matters.
用語