問12
頻出度★★☆
労働者派遣に関する記述a～cのうち, 適切なものだけを全て挙げたものはどれか。 a 派遣契約の種類によらず, 派遣労働者の選任は派遣先が行う。 b 派遣労働者であった者を, 派遣元との雇用期間が終了後, 派遣先が雇用してもよい。 c 派遣労働者の給与を派遣先が支払う。
令和3年度 ITパスポート試験 問12
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 12
Incorrectア
This chooses “a,” which is inappropriate. Description a claims that the selection of the dispatched worker is made by the dispatch destination, but it is the dispatching agency, as the employer, that hires, selects, and assigns the dispatched worker. The act of the dispatch destination naming or selecting a specific worker in advance (a specifying act) is in principle prohibited, so a is incorrect.
Incorrectイ
This is “a, b,” but although b is correct, it includes the erroneous a and is therefore inappropriate. As stated above, it is the dispatching agency, not the dispatch destination, that selects the worker; the moment a is mixed in, this combination cannot be chosen.
- ウ
正解 The correct answer is “ウ” (only b). In worker dispatching, it is the dispatching agency (the dispatch company) that employs the dispatched worker, while the dispatch destination merely directs and commands that worker in the course of work. As stated in description b, once the employment period with the dispatching agency has ended, the dispatch destination is fully permitted to hire that former dispatched worker directly as its own employee, with no problem at all. On the contrary, the Worker Dispatch Act prohibits the dispatching agency and the dispatch destination from concluding a contract that would prevent the dispatch destination from hiring the worker after the dispatch ends; the transition to direct employment is in fact protected. Therefore the only appropriate description is b, and “ウ” is correct.
Incorrectエ
This is “b, c,” but although b is correct, it includes the erroneous c and is therefore inappropriate. Description c claims that the wages are paid by the dispatch destination, but it is the dispatching agency, as the employer, that pays the dispatched worker’s wages. The dispatch destination pays a dispatch fee to the dispatching agency and is not in a position to pay wages to the worker directly.
ここがポイント
- The three-party relationship in worker dispatching: the employment contract (hiring, selection, and wage payment) is between the dispatching agency and the dispatched worker, while the dispatch destination only directs and commands. The point that selection and wages are handled by the dispatching agency appears frequently.
- After the dispatch ends, the dispatch destination may hire the former dispatched worker directly, and a contract that prevents this is prohibited by the Worker Dispatch Act (protection of the transition to direct employment).
用語