A fine of up to VND 50,000,000 for the act of Vietnam outsourcing labor but there is no specific agreement Vietnam on liability for compensation in Vietnam for occupational accidents?

I would like to inquire about the use of subcontracted labor. I worked for company B, but due to an incident in the company, the company let some employees take a break until the employee was reinstated, but there was no specific agreement Vietnam in the re-employment contract. liability for workers' compensation. So, is it illegal to not have a specific agreement Vietnam on liability for workers' accident compensation and is there any penalty for the enterprise?

Re-employment but no specific agreement Vietnam on liability for workers' accident compensation will be penalized?

Pursuant to the provisions of Point e, Clause 2, Article 13 of the Penal Code 2015 as follows:

"Article 13. Violations against regulations on labor subleasing
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on the outsourcer who commits one of the following acts:
a) Failing to notify or instruct the outsourced employee to know one of the following contents: internal labor regulations; dangerous factors; harmful factors; measures to ensure occupational safety and health at the workplace and their other regulations;
b) Failing to organize occupational safety and health training for the outsourced employee as prescribed by law;
c) Failing to provide first aid and first aid to victims in a timely manner; failing to declare or investigate accidents when occupational accidents or technical incidents cause occupational safety and health insecurity for sub-contracted employees in accordance with law;
d) Discrimination in terms of working conditions towards the outsourced employee compared to his/her own employees.
2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on the outsourcer committing one of the following acts:
a) Using outsourced labor to do jobs that are not on the list of jobs to be performed for outsourcing;
b) Using outsourced workers provided by enterprises that do not have a labor outsourcing license or an expired labor outsourcing license;
c) Using outsourced labor to replace employees who are in the process of exercising the right to strike and settle labor disputes;
d) Using outsourced labor to replace employees who have been laid off due to changes in structure or technology; for economic reasons or division; Cup; unify; merger;
dd) Transfer of the subcontracted employee to another employer;
e) Employing the outsourced worker but having no specific agreement Vietnam on the liability for compensation for occupational accidents and occupational diseases of the outsourced worker with the outsourcing enterprise;
g) Employing outsourced labor that does not fall into one of the following cases: to temporarily meet a sudden increase in demand for labor in a certain period of time; to replace employees during maternity leave, having a labor accident, occupational disease or having to perform civic obligations; there is a need to employ workers with high professional and technical qualifications."

Thus, in the case of employing outsourced workers but there is no specific agreement Vietnam on liability for compensation for occupational accidents, a fine ranging from VND 40,000,000 to VND 50,000,000 may be imposed.

A fine of up to VND 50,000,000 for the act of outsourcing labor but there is no specific agreement on liability for compensation for occupational accidents?

A fine of up to VND 50,000,000 for the act of outsourcing labr but there is no specific agreement Vietnam on liability for compensation for occupational accidents?

What is sub-lease of labor according to regulations?

Pursuant to the provisions of Article 52 of the Labor Code 2019 stipulates as follows:

"Article 52. Labor sub-leasing
1. Labor 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. other employers but still maintain labor relations with the employer who has entered into a labor contract.
2. Labor outsourcing is a conditional business line that can only be carried out by enterprises that have a license for labor outsourcing and applies to certain jobs."

Thus, the sub-lease of labor is regulated as above.

Not allowed to re-hire workers when there is no specific agreement Vietnam on workers' compensation liability?

Pursuant to the provisions of Article 53 of the Labor Code 2019 stipulates as follows:

"Article 53. Principles of labor outsourcing activities
1. The maximum term of outsourcing for employees is 12 months.
2. The outsourcer may use the outsourced labor in the following cases:
a) Temporary response to a sudden increase in demand for labor in a certain period of time;
b) Replacing the employee during maternity leave, suffering a labor accident, occupational disease or having to perform civic obligations;
c) There is a need to employ workers with high professional and technical qualifications.
3. The outsourcer may not use the outsourced labor in the following cases:
a) To replace employees who are in the process of exercising the right to strike and settle labor disputes;
b) There is no specific agreement on the liability for compensation for occupational accidents and diseases of the outsourced worker with the outsourcing enterprise;
c) Replace employees who have been laid off due to changes in structure, technology, economic reasons or division, separation, consolidation or merger.
4. The outsourcing party may not transfer the outsourced employee to another employer; may not use subcontractors provided by enterprises that do not have a Labor Outsourcing License."

Thus, based on the provisions of Point b, Clause 3, Article 53 of the Labor Code 2019, the employer is not allowed to re-hire workers without a specific agreement Vietnam on liability for compensation for occupational accidents.

Thư Viện Pháp Luật

VietNam
Legal Grounds
The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}