In what cases can the client enterprise employ an outsourced worker in Vietnam? What are the contents of labor outsourcing contracts in Vietnam?
In what cases can the client enterprise employ an outsourced worker?
According to Article 53 of the 2019 Labor Code of Vietnam on the labor outsourcing rules as follows:
Labor outsourcing rules
1. The maximum duration of labor outsourcing is 12 months.
2. The client enterprise may employ an outsourced worker in the following cases:
a) The employment is necessary for the sharp increase in labor demand over a limited period of time;
b) The outsourced worker is meant to replace another employee who is taking maternity leave, has an occupational accident or occupational disease or has to fulfill his/her citizen’s duties;
c) The work requires highly skilled workers.
3. The client enterprise may not employ an outsourced worker in the following cases:
a) The outsourced worker is meant to replace another employee during a strike or settlement of labor disputes;
b) There is no agreement with the outsourcing enterprise on responsibility for compensation for the outsourced worker’s occupational accidents and occupational diseases;
c) The outsourced worker is meant to replace another employee who is dismissed due to changes in organizational structure, technology, economic reasons, full division, partial division, consolidation or merger of the enterprise.
4. The client enterprise must not dispatch an outsourced worker to another employer; must not employ an employee dispatched by an enterprise that does not have the labor outsourcing license.
Thus, according to regulations, the client enterprise may employ an outsourced worker in the following cases:
- The employment is necessary for the sharp increase in labor demand over a limited period of time;
- The outsourced worker is meant to replace another employee who is taking maternal leave, has an occupational accident or occupational disease or has to fulfill his/her citizen’s duties;
- The work requires highly skilled workers.
In what cases can the client enterprise employ an outsourced worker in Vietnam? What are the contents of labor outsourcing contracts in Vietnam? (Image from the Internet)
What are the contents of labor outsourcing contracts in Vietnam?
Pursuant to Article 55 of the 2019 Labor Code of Vietnam stipulating the labor outsourcing contracts as follows:
Labor outsourcing contracts
1. The outsourcing enterprise and the client enterprise shall conclude a written labor outsourcing contract, which is made into 02 copies, each of which shall be kept by a party.
2. A labor outsourcing contract shall have the following major contents:
a) The work location, the vacancy which will be filled by the outsourced worker, detailed description of the work, and detailed requirements for the outsourced worker;
b) The labor outsourcing duration; the starting date of the dispatch period;
c) Working hours, rest periods, occupational safety and health at the workplace;
d) Responsibility for compensation in case of occupational accidents and occupational diseases;
dd) Obligations of each party to the outsourced worker.
3. The labor outsourcing contract shall not include any agreement on the rights and benefits of employee which are less favorable than those stipulated in the concluded employment contract between the employee and the outsourcing enterprise.
Thus, a labor outsourcing contract shall have the following major contents:
- The work location, the vacancy which will be filled by the outsourced worker, detailed description of the work, and detailed requirements for the outsourced worker;
- The labor outsourcing duration; the starting date of the dispatch period;
- Working hours, rest periods, occupational safety and health at the workplace;
- Responsibility for compensation in case of occupational accidents and occupational diseases;
- Obligations of each party to the outsourced worker.
What are the rights and obligations of the outsourced worker in Vietnam?
Pursuant to Article 58 of the 2019 Labor Code of Vietnam stipulating the rights and obligations of the outsourced worker as follows:
Apart from the rights and obligations specified in Article 5 of this Labor Code, the outsourced worker also has the following rights and obligations:
- Perform the work in accordance with the employment contract with the outsourcing enterprise;
- Obey internal labor regulations, lawful management, administration and supervision by the client enterprise;
- Receive a salary which is not lower than that of a directly hired employee of the client enterprise who has equal qualifications and performs the same or equal work;
- File a complaint with the dispatch enterprise in case the client enterprise violates agreements in the labor outsourcing contract.
- Negotiate termination of the employment contract with the outsourcing enterprise in order to conclude an employment contract with the client enterprise.
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