問11
頻出度★★☆
従業員の賃金や就業時間, 休暇などに関する最低基準を定めた法律はどれか。
平成26年度 春期 ITパスポート試験 問11
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 11
Incorrectア
The Companies Act is the law that sets the rules for companies themselves: the establishment, organization, operation, and management of stock companies and other firms, the powers of shareholders and directors, and the preparation of financial statements. It is a law concerning corporate governance, not one that sets minimum standards for employees’ wages, working hours, or leave.
Incorrectイ
The Civil Code is the general law that governs rights and duties between private parties as a whole — contracts, ownership, torts, family matters, inheritance, and so on. It does provide basic rules on employment contracts, but it is built on the principle of freedom of contract and does not go so far as to set concrete minimum standards for wage amounts, working hours, or leave. The Labor Standards Act exists as a special law to fill that gap and protect workers.
- ウ
正解 The correct answer is “ウ Labor Standards Act.” The Labor Standards Act sets the “minimum standards” for the working conditions that an employer must observe toward workers, covering how wages are paid, statutory working hours (in principle 8 hours a day and 40 hours a week), rest breaks, days off, annual paid leave, premium pay for overtime, advance notice of dismissal, and so on. The description in the question, “a law that sets minimum standards for wages, working hours, leave, and similar matters,” points to exactly this role of the Labor Standards Act. It is also important that the Act sets only a floor: any clause of an employment contract that falls below it is void and is replaced by the standard in the Labor Standards Act.
Incorrectエ
The Worker Dispatch Act is the law that sets the rules for the three-party relationship among the dispatching agency, the client company, and the dispatched worker — that is, licensing of dispatch businesses, the allowable dispatch period, measures the client company must take, jobs for which dispatch is prohibited, and so on. It regulates the framework of dispatch as a way of working; it is not a law that sets minimum standards for working conditions in general.
ここがポイント
- The Labor Standards Act = the law that sets the “minimum standards” for working conditions. It covers wages, working hours (in principle 8 hours a day and 40 hours a week), rest breaks, days off, annual paid leave, and the like; any part of an employment contract that falls below these standards is void, and the Act’s standards apply instead.
- Distinguish the roles of labor-related laws: the Labor Standards Act (minimum standards for working conditions), the Worker Dispatch Act (the three-party dispatch relationship), the Labor Contracts Act (rules on labor contracts), the Companies Act (company organization), and the Civil Code (the general law between private parties).
用語