問20
頻出度★★☆
労働者派遣は, 通常の派遣と, 将来の雇用を想定した紹介予定派遣の二つに分けられる。前者の労働者派遣の契約に当たり, 派遣先が派遣元に要求する派遣労働者の受入条件として, 適切なものはどれか。
令和2年度 ITパスポート試験 問20
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 20
- ア
正解 Under the Worker Dispatch Act, when concluding an ordinary worker dispatch contract, the client company (the place of dispatch) is prohibited from performing any “act intended to identify a specific dispatched worker (an identifying act)”. On the other hand, it is permitted for the client company to indicate the content of the work it wants done and to require from the dispatching agency, as a condition for accepting a worker, the skills needed to perform that work (techniques, qualifications, experience, and so on), because this is not an act of naming a specific individual but merely the presentation of a business-related condition. Therefore, “Specifying the skills the candidate should possess” is an appropriate acceptance condition, and ア is the correct answer.
Incorrectイ
Specifying age or gender not only leads to discrimination in employment but is also a condition for singling out a specific person, so it may not be required as an acceptance condition for ordinary dispatch.
Incorrectウ
A prior interview by the client company constitutes an act intended to identify a specific dispatched worker (an identifying act) and is prohibited in ordinary dispatch. A prior interview is permitted only as an exception in temp-to-perm dispatch, which assumes future employment.
Incorrectエ
Having the résumé submitted to the client company in advance also constitutes an identifying act by which the client company identifies a specific individual, and is prohibited in ordinary dispatch. This too is permitted only as an exception in temp-to-perm dispatch.
ここがポイント
- The “prohibition of identifying acts” under the Worker Dispatch Act — in ordinary dispatch, acts by which the client company identifies a specific dispatched worker (prior interview, advance submission of a résumé, specifying age/gender, etc.) are not permitted; only conditions such as the skills needed for the work may be required.
- Because temp-to-perm dispatch presupposes future direct employment, identifying acts such as a prior interview and advance submission of a résumé are permitted as exceptions — this is the difference from ordinary dispatch.
用語