Are workers allowed to keep contracts for subletting workers in Vietnam?

Are workers allowed to keep contracts for subletting workers in Vietnam?

Pursuant to Article 55 of the 2019 Labor Code, the provisions on labor sublease contracts are as follows:

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, according to the above provisions, the labor sublease contract will only have 2 copies, the sublessee and the sublessor will each keep one copy. Therefore, you will not be allowed to keep a labor sublease contract.

What are the rights and obligations of sublease workers in Vietnam?

Pursuant to Article 58 of this Code, in addition to the rights and obligations prescribed in Article 5 of this Code, the subleased employee has the following rights and obligations:

Apart from the rights and obligations specified in Article 5 of this Labor Code, the outsourced worker also has the following rights and obligations:

1. Perform the work in accordance with the employment contract with the outsourcing enterprise;

2. Obey internal labor regulations, lawful management, administration and supervision by the client enterprise;

3. 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;

4. File a complaint with the dispatch enterprise in case the client enterprise violates agreements in the labor outsourcing contract.

5. Negotiate termination of the employment contract with the outsourcing enterprise in order to conclude an employment contract with the client enterprise.

Best Regards!