問2
頻出度★★☆
労働者派遣に関する記述のうち, 適切なものはどれか。
平成23年度 特別試験 ITパスポート試験 問2
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 2
Incorrectア
Incorrect. Handling complaints from dispatched workers is not the job of the dispatching company alone. The client company must also appoint a responsible person for dispatched workers, receive their complaints, and handle them appropriately and promptly in cooperation with the dispatching company. Since it is the client company that manages the actual working environment, its handling of complaints is far from being not permitted; it is in fact required by law.
- イ
正解 The correct answer is イ. When a client company sends a dispatched worker it has taken on to work at yet another company, this is called “double dispatch”, and it is prohibited. Worker dispatch means “a dispatching company has the workers it employs itself work under the direction and command of a client company”, and the client company does not employ the dispatched worker. If that client company then sends the worker out to another company, the act is no longer worker dispatch but amounts to “labor supply”, which the Employment Security Act prohibits in principle. Because responsibility becomes unclear and it risks middleman exploitation and worsening working conditions, re-dispatching is not permitted.
Incorrectウ
Incorrect. The place of work and the job content of a dispatched worker are laid down in advance, in concrete terms, in the worker dispatch contract concluded between the dispatching company and the client company. The client company may give directions and commands about day-to-day work, but it cannot decide on its own to reassign the worker in a way that changes the place of work beyond the scope set in the contract. If a change is necessary, the contract with the dispatching company has to be revised, so the client company is not free to reassign the worker as it pleases.
Incorrectエ
Incorrect. The right to direct and command is placed the wrong way round here. It is the dispatching company that has an employment contract with the dispatched worker, but it is the client company that actually issues instructions and orders about the work. This is the biggest difference from a contract for work (subcontracting): in a contract for work the ordering party has no right to direct and command, and the contractor directs its own workers. What the dispatching company holds is the authority of an employer (paying wages, social insurance, employment management, and so on), not day-to-day direction and command.
ここがポイント
- The three-party relationship in worker dispatch: the employment contract is between the dispatching company and the dispatched worker, while the right to direct and command lies with the client company. This “separation of employment from use” is the essence of dispatch, and it is the point that distinguishes it from a contract for work or an outsourcing contract, in which the ordering party has no right to direct and command.
- Prohibition of double dispatch: for a client company to send a dispatched worker it has taken on out to another company is not worker dispatch but labor supply under the Employment Security Act, and it is prohibited. Together with this, the client company must also appoint a responsible person for dispatched workers and share responsibility for the working environment, such as complaint handling.
用語