問3
頻出度★★☆
請負契約によるシステム開発作業において, 法律で禁止されている行為はどれか。
平成27年度 秋期 ITパスポート試験 問3
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 3
Incorrectア
For the contractor to carry out the development it has taken on using only employees under dispatch contracts is not illegal, as long as it is a legitimate worker dispatch. Whom the contractor uses to complete the work is at its own discretion, and this is not an act prohibited by law.
Incorrectイ
For the contractor to work stationed at the client's premises by agreement with the client is lawful, as long as the direction remains on the contractor's side. The mere fact that the work location is on the client's premises does not constitute disguised contracting and is not prohibited.
Incorrectウ
For the client to request progress reports by agreement is a legitimate act by which the client, who receives the deliverable, keeps track of delivery deadlines and quality. Because it is not direct direction of the workers, it is not illegal.
- エ
正解 Under a contracting agreement, the contractor (the party taking on the work) completes the work under its own responsibility and direction. The client (the party placing the order) is in the position of paying for the “completed deliverables” and does not hold the right to direct the contractor's employees. Therefore, as in choice エ, when the client stations the contractor's employees at its own premises and gives them work instructions directly, the arrangement is in substance a worker dispatch disguised as a contracting agreement — “disguised contracting” — which violates the Worker Dispatch Act and the Employment Security Act. This is exactly the act prohibited by law, so the correct answer is エ.
ここがポイント
- Under a contracting agreement, the client (the party placing the order) is in the position of paying for the deliverables and does not hold the right to direct the contractor's employees. Once the client gives work instructions directly, it becomes “disguised contracting” and violates laws such as the Worker Dispatch Act.
- On-site stationing, progress reporting, and the use of dispatched workers are in themselves lawful; what determines illegality is the point of “who is directing the workers.”
用語