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ゼンショー側は、すき屋のアルバイトは業務委託契約であり、残業代は発生しないと言ったとか。

私も、去年2月にこのニュースを見たとき以来、注目してます。
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労働委員会の審理において、代理人弁護士名義の準備書面で堂々と主張しているという点に凄みを感じます。

ゼンショー側の告訴が違法とか虚偽告訴だとは言えないと思いますが

ゼンショー側は、すき屋のアルバイトは業務委託契約であり、残業代は発生しないと言ったとか。

こんなの窃盗で立件されるはずがない（理論上は犯罪成立するにしても）、ということは前提として確認のうえですが。

業務委託契約ならば原材料の無駄遣いも節約も裁量の範囲

とはならないです。
通常の業務工程の中で一定割合で生ずるロス・不良品などについては、「窃盗」の外形もないし、「盗もう」という故意もない。

正真正銘の業務委託契約だとしても、その工程で使用する原材料を、自分のものにするためにパクって持ち出せば、それは業務委託契約の範疇外であり、当然に窃盗あるいは業務上横領（法的な「占有」が委託側・受託側どっちにあるかによる）になります。

「無駄遣い」の定義にもよりますが、意図的なものも含む趣旨であれば、許されているというのは間違いです。
正真正銘の業務委託契約であれば、原材料→（ブラックボックス）→完成品、となっているので、意図的な無駄遣いが発覚しにくいというだけです。
意図的な無駄遣いが発覚すれば、契約違反として責任を追及されるし、理論上は窃盗や業務上横領にもなる。

ゼンショー側の告訴は、理論上はおかしくはないが、常識ないし法律実務に照らして異常だ、ということです。

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