IPA IP 2025 Question 1

Topic: Legal Affairs

A question IPA Japan published in 令和7年度 ITパスポート試験 公開問題 問1, translated into English. ITPEC is based on the same exams.

Company A entrusts part of its work to Company B under a contract for work. Among the working arrangements (i) through (iii), which of the following lists all and only the states that are regarded as so-called disguised contracting?

(i)Employees of Company B are performing the work agreed in the contract for work at Company A’s premises, under the direction and orders of a person in charge at Company A.(ii)Employees of Company B are performing the work agreed in the contract for work at Company A’s premises, under the direction and orders of a person in charge at Company B.(iii)Employees of Company B are performing the work agreed in the contract for work at Company B’s premises, under the direction and orders of a person in charge at Company A.

Explanation

(i) and (iii), where the orderer directs the contractor's employees — what decides disguised contracting is who gives the workers their orders, not where they work.

In a contract for work the contractor, Company B, promises to complete the work and directs its own employees in doing it. The orderer, Company A, may check the result but may not give orders to B's employees. If it does, the arrangement is in substance worker dispatching dressed up as a contract for work, and it escapes the duties of Japan's Worker Dispatching Act: this is disguised contracting.

  • •(i): at Company A, directed by Company A — disguised contracting
  • •(ii): at Company A, directed by Company B — a proper contract for work; working on the orderer's premises is allowed
  • •(iii): at Company B, directed by Company A — disguised contracting, although the employees stay in their own company

Answer (c)

Why not others:

  • •(a) — leaves out (iii); the orderer's orders make it disguised contracting wherever the work is done
  • •(b) — adds (ii), where Company B directs its own employees, the normal form of a contract for work
  • •(d) — takes the place of work as the test: it adds (ii) and drops (i), the clearest case

Key rule: Under a contract for work the contractor directs its own staff; once the orderer gives them orders it is worker dispatching in disguise, on either company's premises.

Legal Affairs · AI-written, may contain errors

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This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.