Regulations on occupational safety and hygiene applicable to employee leasing in Vietnam

 Regulations on occupational safety and hygiene applicable to employee leasing in Vietnam (Internet image) 

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

1. Regulations on occupational safety and hygiene applicable to employee leasing in Vietnam

Regulations on occupational safety and health in case of outsourcing labor under Article 65 of the Law on occupational safety and hygiene 2015 are as follows:

- A subscribing enterprise must:

+ Agree with the leasing enterprise about respect for the right of leasing employees to have safe and hygienic working conditions provided that they are not lower than lawful rights and interests of employees of the leasing enterprise who have the same qualifications and same works; conclude an employee leasing and fulfill obligations of the employers as prescribed in the Labor Code and the Law on occupational safety and hygiene 2015;

+ Cooperate and inspect the implementation of occupational safety and hygiene applicable to the leasing employees carried out by the leasing enterprise. In case the leasing enterprise fails to fulfill all commitments to occupational safety and hygiene as mentioned in the employee leasing concluded, the subscribing enterprise shall be responsible for rights and interests of the leasing employees;

+ Keep record of occupational safety and hygiene related to the leasing employees; and send reports on occupational accidents or occupational diseases as prescribed in Article 36 and Article 37 of the Law on occupational safety and hygiene 2015.

- A leasing enterprise must:

+ Fulfill all commitments as mentioned in the employee leasing; and do not discriminate between the leasing employees and their employees in terms of occupational safety and hygiene;

+ When a leasing employee has an occupational accident or a safety threat, he/she must be received first aid and emergency aid, and the leasing enterprise must inform the subscribing enterprise, and report and conduct an investigation as prescribed in Article 34 and 35 of the Law on occupational safety and hygiene 2015;

+ Provide training in occupational safety and hygiene for the leasing employees as prescribed in the Law on occupational safety and hygiene 2015, unless the subscribing enterprise has provided such training for the leasing employees; and send reports on occupational accidents or occupational diseases involved by the leasing employees to the subscribing enterprise twice or once a year;

+ Cooperate with the subscribing enterprise in investigation into occupational accidents; and keep record of documents on occupational safety and hygiene related to the leasing employees.

- The leasing employees must comply with internal regulations, process and measures for assurance of occupational safety and hygiene of the leasing enterprise.

- The Government shall provide guidance on occupational safety and hygiene in terms of employee leasing; responsibility of subscribing enterprises and leasing enterprises for leasing employees, respect for rights and interests of leasing employees in accordance with the Labor Code and the Law on occupational safety and hygiene 2015.

2. Regulations on occupational safety and hygiene applicable to Vietnamese employees working abroad

Regulations onoccupational safety and hygiene applicable to Vietnamese employees working abroad under Article 67 of the Law on occupational safety and hygiene 2015 are as follows:

- Vietnamese employees working abroad prescribed in this Article consist of Vietnamese employees sent by their employers and worked under agreement as prescribed in the Law on Vietnamese employees working abroad under agreement.

- The employer must comply with regulations on occupational safety and hygiene of home country and following regulations:

+ Carry out sufficient measures for occupational safety and hygiene, the insurance benefits and responsibility of employers for employees prescribed in the Law on occupational safety and hygiene 2015; if regulations of the home country on such benefits are more favorable to employers, those regulations shall apply;

+ Cooperate with competent agencies of the home country in investigations into accidents or injuries involved by the employees;

+ Provide documents related to the fatal or serious occupational accidents for Occupational Safety and Hygiene Inspectorate of provinces of Vietnam where the premises of the employer are located.

- Each Vietnamese employee working abroad must comply with Vietnam legislation, home country legislation, unless otherwise prescribed by the international agreements to which the Socialist Republic of Vietnam is a signatory.

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