令和6年度 ITパスポート試験問32

This question's explanation and your answers so far.

問32

頻出度★★☆

労働者派遣における派遣労働者の雇用関係に関する記述のうち, 適切なものはどれか。

出典　令和6年度 ITパスポート試験問32

解説

問 32

Incorrectア
The party in the employment relationship is reversed. The host company only gives directions and orders and has no employment relationship; the employment relationship is with the dispatching agency. This statement mixes up the dispatching agency and the host company.
イ
正解 Worker dispatching involves three parties: the dispatched worker, the dispatching agency, and the host company. The dispatched worker signs an employment contract with the dispatching agency (the staffing company), and wages are also paid by that agency. The host company, on the other hand, receives the dispatched worker based on a worker-dispatch contract with the dispatching agency and only gives work-related directions and orders; it has no employment relationship with the dispatched worker. Therefore, choice “イ”, which states that an employment relationship exists with the dispatching agency but not with the host company, is appropriate.
Incorrectウ
There is no employment relationship with the host company. The relationship between the host company and the dispatched worker is limited to directions and orders; having an employment relationship with both is incorrect (it does not become double employment).
Incorrectエ
An employment relationship does exist with the dispatching agency. A dispatched worker is always employed by someone, so a statement that there is no employment relationship with either party contradicts how worker dispatching works.

ここがポイント

The three-party relationship in worker dispatching: the employment relationship (employment contract and wages) exists between the dispatched worker and the dispatching agency, while the work-related directing-and-ordering relationship exists between the dispatched worker and the host company.
The core of this question is that between the host company and the dispatched worker there is only directing and ordering, not an employment relationship.

用語

解答問32イ