問31
頻出度★★☆
B社はA社の業務を請け負っている。この業務に関するB社の行為のうち，労働者派遣法に照らして，違法行為となるものだけを全て挙げたものはどれか。 ① A社から請け負った業務を，B社の指揮命令の下で，C社からの派遣労働者に行わせる。 ② A社から請け負った業務を，再委託先のD社で確実に行うために，C社からの派遣労働者にD社からの納品物をチェックさせる。 ③ A社から請け負った業務を，再委託先のD社で確実に行うために，C社からの派遣労働者をD社に派遣する。
平成29年度 秋期 ITパスポート試験 問31
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 31
Incorrectア
This option lists ① and ② as illegal, but both are lawful. ① is ordinary worker dispatch, in which Company B has the worker dispatched from Company C work under its own direction and command; ② merely has that dispatched worker check Company D’s deliverables as part of Company B’s work, so the worker stays under Company B’s direction and command. Only ③ is illegal, so this option is wrong.
Incorrectイ
This option treats ①, ②, and ③ as all illegal, but ① (dispatched work under Company B’s direction and command) and ② (checking deliverables under Company B’s direction and command) are lawful. Only ③, which amounts to double dispatch, is illegal, so including all of them is wrong.
Incorrectウ
This option lists ② and ③ as illegal, but ② merely has the dispatched worker check Company D’s deliverables under Company B’s direction and command; it does not send the worker off to another company, so it is lawful. Including ② as illegal is the mistake.
- エ
正解 To sort out the parties: Company A subcontracts its work to Company B under a “contract-for-work” arrangement, and Company C “dispatches” workers to Company B. Action ③ is Company B taking the dispatched worker it received from Company C and further dispatching that worker to the re-subcontractor Company D; this constitutes “double dispatch”, where a dispatch-recipient sends a dispatched worker it received on to yet another company. The Worker Dispatch Act (and the Employment Security Act’s ban on worker supply businesses) does not permit double dispatch, making it a clear illegal act. Therefore only ③ is illegal, and the correct answer is エ (③).
ここがポイント
- Prohibition of double dispatch: A dispatch-recipient further dispatching (sending) a dispatched worker it received on to another company is an illegal act prohibited by the Worker Dispatch Act and the Employment Security Act.
- Criterion for lawful dispatch: Having a dispatched worker perform your own company’s work “under your own direction and command” is lawful; it becomes illegal when that worker is dispatched again (worker supply) to another company.
用語