問20
頻出度★★☆
労働者派遣に関連する記述のうち, 派遣先の企業が行わなければならないことはどれか。
平成25年度 春期 ITパスポート試験 問20
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 20
- ア
正解 The correct answer is ア, “Appropriate and prompt handling of complaints from dispatched workers”. Under the worker dispatch arrangement, the party that employs dispatched workers and pays their wages is the dispatching agency (the staffing company), while the client company that receives the dispatched workers is not the employer but merely the party that gives instructions to those workers at its own workplace. Because of this division of roles, the duties of an employer are in principle borne by the dispatching agency. Complaint handling, however, is the one exception. Complaints that arise while the worker is on the job (about the content of the work, the work environment, sexual harassment, and so on) occur at the client company's workplace, and only the client company can confirm the facts and take measures to correct the situation on site. The Worker Dispatch Act therefore provides that when a client company receives a complaint from a dispatched worker regarding that dispatch work, it must notify the dispatching agency of the complaint and, in close cooperation with the dispatching agency, handle it in good faith, without delay, appropriately and promptly. In practice the client company also appoints a responsible person on the receiving side so that it is clear where complaints should be brought, and it records the progress and results of the handling in the client company's management ledger and notifies the dispatching agency. Therefore ア is correct as something the client company must do.
Incorrectイ
Clearly indicating working conditions such as pay (wages) and working hours is a duty of the employer that concludes the employment contract with the dispatched worker, namely the dispatching agency, and not a duty of the client company. When it concludes the employment contract, the dispatching agency must clearly indicate working conditions such as wages and working hours, and before the dispatch begins it must also clearly indicate the conditions of the assignment, such as the place of work, the content of the work, the person who gives instructions, and the dispatch period. The client company is not in a position to pay wages to the dispatched worker and is not a party that decides the working conditions, so it cannot be the party that gives this indication.
Incorrectウ
Advice and guidance concerning a dispatched worker's career are the role of the dispatching agency, which as the employer is responsible for the worker's whole working life. The dispatching agency is expected to provide opportunities for education and training so that the dispatched worker can build up skills in a staged and systematic way, and to offer consultation and advice about the worker's career (career consulting). The client company only has a relationship of giving instructions for its own operations during a particular dispatch period, and is not in a position to provide career development support that looks ahead to the time after the dispatch ends, so this is not something the client company must do.
Incorrectエ
Taking the measures necessary to ensure the employment stability of dispatched workers is a duty of the dispatching agency, the counterparty to the employment contract. Even after one dispatch assignment ends, the dispatching agency must make efforts to secure the next assignment so that employment is not interrupted, and even if the dispatch contract is terminated partway through, it must maintain employment by securing a new work opportunity or by paying a leave allowance. The client company does not employ the worker, so it is not the party that takes measures to stabilize the employment itself. (The client company does bear a responsibility to cooperate in securing a new work opportunity when it terminates the dispatch contract for reasons of its own, but it is not the party obliged to take the employment stability measures that this question asks about.)
ここがポイント
- The key point of worker dispatch is the three-party relationship: the employment contract is formed between the dispatching agency and the dispatched worker, while the instruction-giving relationship is formed between the client company and the dispatched worker. This structure determines who bears which duty. The duties of an employer, such as clearly indicating working conditions, paying wages, providing education and training and career development support, and taking measures to ensure employment stability, are borne by the dispatching agency. The client company, on the other hand, as the party that actually has the worker work at its own site, is responsible for matters relating to the working environment and to the giving of instructions.
- Appropriate and prompt handling of complaints is a representative item that the client company must carry out, and it appears frequently on the exam. Because complaints arising during work occur at the client company's workplace, the client company appoints a responsible person on the receiving side to accept complaints, notifies the dispatching agency of their content, handles them promptly in cooperation with the dispatching agency, and records the course of the handling in the client company's management ledger. Other duties of the client company include preparing and retaining that management ledger, managing the permissible dispatch period (the teishokubi, the date on which the limit is reached), properly ascertaining working hours, and giving due consideration to safety and health.
用語