List of jobs eligible for labor subleasing in Vietnam

Regarding this issue, LawNet would like to answer as follows:

What is labor subleasing?

According to Article 52 of the Labor Code 2019, labor outsourcing is an arrangement in which a worker enters into an employment contract with an outsourcing enterprise, which subsequently dispatches the worker to work for another employer (client enterprise) while maintaining labor relations with the outsourcing enterprise with which the employment contract is concluded.

Labor outsourcing is a conditional business, requires the labor outsourcing license and applies only to certain types of work.

List of jobs eligible for labor subleasing in Vietnam (Internet image)

List of jobs eligible for labor subleasing in Vietnam

The list of jobs eligible for labor subleasing is specified in Appendix II of Decree 145/2020/ND-CP, including:

1. Interpreter/Compile/Shortogram

2. Secretary/Administrative Assistant

3. Reception

4. Travel Guide

5. Sales support

6. Project support

7. Programming the production machine system

8. Production and installation of television and telecommunications equipment

9. Operation/inspection/repair of construction machinery, production power system

10. Cleaning and sanitizing buildings and factories

11. Document editing

12. Bodyguard/Guard

13. Marketing/Customer Care over the phone

14. Handling financial and tax issues

15. Repair/Check operation of cars

16. Scan, draw industrial engineering/Interior decoration

17. Driving

18. Management, operation, maintenance and service on board ships

19. Management, supervision, operation, repair, maintenance and service on oil and gas rigs

20. Piloting, serving on board/Maintenance and repair of aircraft and aircraft equipment/Dispatch, flight operations/Flight supervision

Labor outsourcing rules in Vietnam

According to  Article 53 of the Labor Code 2019, labor outsourcing rules include:

- The maximum duration of labor outsourcing is 12 months.

- 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.

- The client enterprise may not employ an outsourced worker in the following cases:

= The outsourced worker is meant to replace another employee during a strike or settlement of labor disputes;

= There is no agreement with the outsourcing enterprise on responsibility for compensation for the outsourced worker’s occupational accidents and occupational diseases;

= 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.

- 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.

Contents of labor outsourcing contracts in Vietnam

Article 55 of the Labor Code 2019 stipulates that 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.

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.

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.

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