問9
頻出度★★☆
商品の販売業務を行う労働者の就業形態のうち，販売業務を行う会社と雇用関係のある者を全て挙げたものはどれか。 a アルバイト b 契約社員 c 派遣社員 d パートタイマ
平成27年度 春期 ITパスポート試験 問9
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 9
Incorrectア
Both a part-time casual worker and b contract employee are indeed directly employed, but d part-timer, who is also directly employed, is missing. The question asks for the option that lists all applicable workers, so this combination, which leaves one out, is incorrect.
- イ
正解 An employment relationship means that the worker has signed an employment contract (labor contract) directly with that company. a Part-time casual worker, b Contract employee and d Part-timer differ only in what they are called and in their working hours or contract periods; in every case the company performing the sales operations is itself the employer and signs the employment contract directly. Therefore the option that lists all three of them as having an employment relationship, イ (a, b, d), is correct.
Incorrectウ
Listing only b contract employee is not enough. Part-time casual workers and part-timers merely have shorter contract periods or working hours; they too are workers who sign an employment contract directly with the company, so they have an employment relationship. This option is based on the misunderstanding that only contract employees sign a contract with the company, and it leaves out a and d.
Incorrectエ
Including c dispatched (temporary agency) worker is wrong. Under the Worker Dispatch Act, a dispatched worker signs an employment contract with the dispatching agency and only receives work instructions from the sales company that accepts them, so there is no employment relationship with that company. In addition, a and d are missing as well.
ここがポイント
- Whether an employment relationship exists is judged by which company the worker has signed the employment contract (labor contract) with. Part-time casual workers, part-timers and contract employees differ only in name and working conditions; all of them are directly employed, signing an employment contract directly with the company where they work.
- Dispatch work is characterized by a dual structure (Worker Dispatch Act): employment lies with the dispatching agency, while work instructions come from the client company. No employment relationship arises between the client company and the dispatched worker, and this is the key point that distinguishes dispatch from subcontracting and from direct employment.
用語