問13
頻出度★★☆
派遣先の行為に関する記述 a～d のうち, 適切なものだけを全て挙げたものはどれか。 a 派遣契約の種類を問わず, 特定の個人を指名して派遣を要請した。 b 派遣労働者が派遣元を退職した後に自社で雇用した。 c 派遣労働者を仕事に従事させる際に, 自社の従業員の中から派遣先責任者を決めた。 d 派遣労働者を自社とは別の会社に派遣した。
平成29年度 春期 ITパスポート試験 問13
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 13
Incorrectア
The combination of a and c. Action c is appropriate, but a is not. Action a is the client company requesting the dispatch of a specific named individual; an action by the client company aimed at identifying a particular dispatched worker (a pre-employment interview or naming an individual) is prohibited under the Worker Dispatch Act. Such actions are prohibited in principle, the only exception being temp-to-perm dispatch; a names an individual regardless of the type of contract, so it is inappropriate, and “ア”, which includes a, is wrong.
Incorrectイ
The combination of a and d, both of which are inappropriate. Action a is a naming request for a specific individual, a prohibited act (the ban on actions aimed at identifying a dispatched worker). Action d is double dispatch, in which a received dispatched worker is further dispatched to another company different from the company itself, which is also prohibited. Since it includes no appropriate action at all, “イ” is wrong.
- ウ
正解 The correct answer is “ウ” (b, c). Under the Worker Dispatch Act, the appropriate actions for the client company (the company that receives dispatched workers) are b and c. Action b is directly hiring the worker at the company itself after the dispatched worker has left the dispatching agency. The dispatching agency cannot make a contract that prohibits its dispatched workers from being directly hired by the client company, so it is lawful and unproblematic for the client company to hire the worker directly after the worker leaves. Action c is designating a client-side person responsible (the person in charge at the client company) from among the company's own employees when assigning the worker to a job. Appointing the client-side person responsible is a legal obligation imposed on the client company, so it is an appropriate action. Therefore, listing all and only the appropriate actions gives b, c, and “ウ” is the correct answer.
Incorrectエ
The combination of b and d. Action b is appropriate, but d is not. Action d is dispatching a received dispatched worker to another company different from the company itself, which amounts to so-called double dispatch and is prohibited under the Worker Dispatch Act. The client company cannot re-dispatch a received worker to another company, so “エ”, which includes d, is wrong.
ここがポイント
- Prohibited actions of the client company under the Worker Dispatch Act: the ban on actions aimed at identifying a particular dispatched worker (naming a specific individual, pre-employment interviews), and the ban on double dispatch, in which a received worker is further dispatched to another company.
- Obligations and lawful actions of the client company: the obligation to appoint a client-side person responsible, and that direct hiring after the worker leaves the dispatching agency cannot be obstructed (a contract restricting direct hiring is void).
用語