Can a Labor-Leasing Enterprise Impose Disciplinary Actions?

Labor subleasing is a conditional business activity that has been recognized by Vietnamese law in recent years. To be specific, Clause 1, Article 53 of the Labor Code 2012 stipulates as follows: "Labor subleasing is the activity where a worker, who has been recruited by an enterprise licensed to operate in labor subleasing, subsequently works for another employer, follows the instructions of that employer, and still maintains a labor relationship with the labor subleasing enterprise."

Since this is nevertheless a sensitive business activity, somewhat related to human rights, it is only applicable to 17 types of jobs (as regulated in the Decree 55/2013/ND-CP):

1. Interpreter/Translator/Stenographer;
2. Secretary/Administrative Assistant;
3. Receptionist;
4. Tour Guide;
5. Sales Support;
6. Project Support;
7. Programming of Production Machine Systems;
8. Manufacturing, Installation of Television and Telecommunication Equipment;
9. Operating/Inspecting/Repairing Construction Machinery, Production Electrical Systems;
10. Cleaning Buildings, Factories;
11. Document Editing;
12. Bodyguard/Security Guard;
13. Marketing/Customer Care via Telephone;
14. Handling Financial, Tax Issues;
15. Repairing/Inspecting Automobile Operation;
16. Scanning, Industrial Technical Drawing/Interior Decoration;
17. Driving.

Above are some preliminary regulations on the conditional business of labor subleasing. Returning to your query, this issue is regulated by Article 57 and Article 58 of the Labor Code 2012 regarding the rights and obligations of labor subleasing enterprises and labor subleasing parties. To be specific:

Article 56. Rights and obligations of labor subleasing enterprises

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7. Handle labor discipline for workers who violate labor discipline when the labor subleasing party returns the worker due to labor discipline violations.

Article 57. Rights and obligations of the labor subleasing party

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6. Return to the labor subleasing enterprise the worker who fails to meet the agreed requirements or violates labor discipline.

Thus, according to the above regulation, in the case where the subleased worker violates labor discipline, your company can return the worker to the labor subleasing enterprise for them to handle the discipline.

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