1. What is labor subleasing?

Pursuant to Clause 1, Article 52 of the Labor Code 2019, labor outsourcing is when an employee enters into a labor contract with an employer being the outsourcing enterprise, then the employee The employee is transferred to work and is under the management of another employer but still maintains the labor relationship under the labor contract with the enterprise that has entered into the labor contract with him before.

2. Labor sub-leasing conditions

Pursuant to Clause 2, Article 52 of the Labor Code 2019, enterprises performing labor outsourcing activities must be granted a Labor outsourcing license by a competent state agency, and this subleasing can only be apply to certain jobs.

Specifically, according to Appendix II issued with Decree 145/2020/ND-CP, only labor outsourcing activities can only be applied to the following jobs:

• Translator, Translator, Shorthand.
• Secretary, Administrative Assistant.
• Receptionist.
• Tourguide.
• Sales support.
• Project support.
• Programming of production machines.
• Manufacture and installation of television and telecommunications equipment.
• Operate
• Inspect and repair construction machinery and production electrical systems.
• Cleaning and sanitizing buildings and factories.
• Document editing.
• Bodyguard, Security.
• Marketing, Customer care over the phone.
• Handling financial and tax issues.
• Repair
• Check car operation
• Scan, draw industrial engineering
• Interior.
• Driver.
• Management, operation, maintenance and service on board ships.
• Management, supervision, operation, repair, maintenance and servicing on oil and gas rigs.
• Pilot an aircraft, serve on an aircraft
• Maintenance and repair of aircraft and aircraft equipment
• Dispatch, flight operations, flight monitoring.

3. Principle of labor subleasing

According to Article 53 of the Labor Code 2019, the outsourcing of labor must comply with the following principles:

3.1. About the deadline

The term of labor subleasing for employees is allowed to last for no more than 12 months.

3.2. Regarding the purpose of using the labor of the outsourcer

The outsourcing party may use the outsourced labor for the following purposes and needs:

– Temporarily respond to a sudden increase in their employer’s demand for a certain period of time;

– Replacing employees during maternity leave, having labor accidents, occupational diseases or having to perform civic obligations;

– There is a need to employ highly qualified and technical workers.

The outsourcing party may not use the outsourced labor in the following cases:

– To replace the employees who are in the process of exercising the right to strike and settle labor disputes;

– There is no specific agreement on liability for compensation for occupational accidents and occupational diseases of the subcontracted worker with the outsourcing enterprise;

– Replace employees who have been laid off due to changes in structure, technology, economic reasons or division, separation, consolidation or merger.

3.3. About other prohibited acts

The outsourcing party will not be allowed to transfer the subcontracted employee to another employer, and at the same time, may not use the subcontracted worker provided by an enterprise that is not licensed by a competent state agency. permit the sub-leasing operation.

Above is the advice of Khoa Tin Law on “Principles of sub-leasing labor”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.