Labor subleasing contract is a written agreement between the lessor and the outsourcing enterprise on the subleasing of labor. LSX Lawfirm wll give you an article about: “Contents of the contract of outsourcing labor in Vietnam”, as follows:
Legal grounds
Labor Code 2019
What is a labor contract?
According to article 52 of the 2019 labor law:
“Labour subleasing means an employee entering into a labor contract with an employer; who is a labor outsourcing enterprise, after which the employee is transferred to work; and is under the management of the employer employ other employees but still maintain labor relations with the employer that has entered into a labor contract.”
Thus, a labor subleasing contract is a written agreement between the lessor; and the outsourcing enterprise on the subleasing of labor; whereby the lessor supplies labor and the lessee The employer must pay the service fee to the employer.
So the outsourcing enterprise and the outsourcing party; must sign the labor outsourcing contract in writing and be made into 02 copies, each party keeps 01 copy.
Contents of the contract of outsourcing labor in Vietnam
The Labor Code 2019 stipulates the basic contents of a labor contract as follows:
- Firstly Working location, job position that requires the use of outsourced workers; specific contents of the job, specific requirements for the outsourced employee;
- Secondly Term of re-employment of labor; the employee’s starting time of employment;
- Thirdly Working time, rest time, occupational safety and health conditions at the workplace;
- Then Responsibility for compensation for occupational accidents and diseases;
- Then Obligations of each party towards the employee.
- Note, the labor subleasing contract must not have agreements on the rights; and interests of the employee lower than the labor contract signed by the outsourcing enterprise with the employee.
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Related questions
The maximum term of sub-lease for employees is 12 months.
The outsourcing party may not use the outsourced worker provided by an enterprise that does not have a Labor Outsourcing License.
– Temporary response to a sudden increase in demand for labor in a certain period of time;
– Replace employees during maternity leave, suffer a labor accident, occupational disease or have to perform civic obligations;
– There is a need to employ highly qualified and technical workers.
– To replace an employee who is in the process of exercising the right to strike, to settle labor disputes;
– There is no specific agreement on liability for compensation for occupational accidents and occupational diseases of the subcontracted worker with the outsourcing enterprise;
– Replace employees who have been laid off due to changes in structure, technology, economic reasons or division, separation, consolidation or merger.
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