問1
頻出度★★☆
労働者派遣に関する説明のうち, 適切なものはどれか。
平成28年度 秋期 ITパスポート試験 問1
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 1
Incorrectア
There is a limit on the dispatch period. For the same organizational unit of the same recipient company, dispatched workers may in principle be accepted for up to three years, so the statement that “there is no limit regardless of the type of work” is incorrect.
Incorrectイ
The party that decides (selects) who will be the dispatched worker is the dispatching agency, which is the employer. Acts by the recipient company to name a specific individual (acts aimed at specifying a person) are in principle prohibited, so “the selection is carried out by the recipient company” is incorrect.
Incorrectウ
Wages are paid by the dispatching agency, which holds the employment contract with the dispatched worker. The recipient company only issues work instructions and has no obligation to pay wages, so “the recipient company pays the wages” is incorrect.
- エ
正解 In worker dispatch, it is the dispatching agency that signs the employment contract with the dispatched worker; the recipient company only issues work instructions and has no employment relationship. Choice エ says “after the employment period with the dispatching agency ends, the recipient company may directly hire that person,” which is appropriate. There is no provision preventing the recipient company from directly hiring the person after the dispatch ends; on the contrary, even if the dispatching agency signs a contract forbidding this, that contract is deemed invalid. Therefore the correct answer is エ.
ここがポイント
- The three-party relationship in worker dispatch: the employment contract, wage payment, and selection of the worker are handled by the dispatching agency, while on-the-job work instructions are given by the recipient company.
- The dispatch period is in principle limited to three years, and after the dispatch ends nothing prevents the recipient company from directly hiring the person (a contract prohibiting this is invalid).
用語