問1
頻出度★★☆
労働者派遣法に基づき, A 社がY氏をB社へ派遣することとなった。このときに成立する関係として, 適切なものはどれか。
令和元年度 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
What is established between Company A and Company B is not a commission relationship but a “worker dispatch contract”. Commission (business consignment or subcontracting) is a contract form distinct from worker dispatch; it differs from dispatch in that the ordering party does not directly direct or command the other party's workers.
Incorrectイ
A worker dispatch contract is a contract concluded between the dispatching company A and the client company B, not between Company A and Mr. Y. What is established between Company A and Mr. Y is an employment contract relationship.
Incorrectウ
An employment relationship is established between the dispatching company A and Mr. Y. There is no employment relationship between the client company B and Mr. Y; what Company B has toward Mr. Y is only a direction-and-command relationship.
- エ
正解 In worker dispatch, the relationships among the three parties must be sorted out. The dispatched worker Mr. Y signs an “employment contract” with the dispatching company, Company A, while the dispatching company A and the client company B sign a “worker dispatch contract”. The place where Mr. Y actually works is the client company B, and Company B gives Mr. Y business-related “direction and command”. Therefore, what is established between Company B and Mr. Y is a direction-and-command relationship, so エ is correct.
ここがポイント
- The three-party relationship in worker dispatch: distinguish the different roles — the dispatching company signs an employment contract with the worker, the dispatching company and the client company sign a worker dispatch contract, and the client company directs and commands the worker.
- The difference between dispatch and subcontracting/commission: in dispatch, the client company can directly direct and command the worker, whereas in subcontracting or commission, the ordering party cannot directly direct or command the other party's workers.
用語