Responsibility for occupational safety and hygiene applicable to employee leasing in Vietnam

Responsibility for occupational safety and hygiene applicable to subscribing enterprise in Vietnam

Pursuant to Clause 1, Article 65 of the Law on Occupational Safety and Hygiene 2015, 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 2019 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.

Responsibility for occupational safety and hygiene applicable to employee leasing in Vietnam (Internet image)

Responsibility for occupational safety and hygiene applicable to subscribing enterprise in Vietnam

Pursuant to Clause 2, Article 65 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 this Law;

- Provide training in occupational safety and hygiene for the leasing employees as prescribed in this Law, 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.

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

Requirements for employment of elderly employees in heavy, harmful or dangerous occupations in Vietnam

Pursuant to Article 64 of the Law on Occupational Safety and Hygiene 2015, an elderly employee shall only be employed in heavy, harmful or dangerous occupations or serious heavy, harmful or dangerous occupations that adversely affect their health if all requirements are satisfied:

- The elderly employee has experience and professional skills with at least 15 years’ seniority; has professional certificates or recognized as a craftsman as prescribed;

- The elderly employee has good health to work heavy, harmful or dangerous occupations according to the health standards promulgated by the Minister of Health with the consent of specialized Ministries;

- The elderly employee has been employed for within 05 years;

- There is at least one employee other than an elderly employee work with the elderly employee together;

- The elderly employee voluntarily work those occupations.

Mai Thanh Loi

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