Cases of revoking the license to operate labor sublease according to business requirements

Revoking the license to operate labor sublease is a state management measure for enterprises that violate legal regulations in this field. The revocation of licenses is carried out in a strict order, ensuring the rights of workers and businesses. The article below will analyze in detail the authority, cases, processes and procedures for revoking labor sublease operating licenses according to current regulations.

Authority to revoke labor subleasing operating license

According to the provisions of Article 28 of Decree 145/2020/ND-CP dated December 14, 2020, the authority to revoke the License to operate labor sublease belongs to the Chairman of the Provincial People’s Committee where the enterprise is located. main office. This regulation is intended to ensure consistency in state management of labor subleasing activities.

This regulation helps ensure strictness and transparency in the license revocation process, avoiding abuse of power or unfair treatment of businesses.

Cases of enterprises having their labor subleasing operating licenses revoked

According to Clause 1, Article 28 of Decree 145/2020/ND-CP, labor subleasing enterprises will have their licenses revoked in the following cases:

• Terminate labor subleasing activities at the request of the enterprise.
• The enterprise is dissolved or declared bankrupt by the Court.

These regulations are intended to ensure that labor subleasing activities are carried out in accordance with the law, protect the rights of workers and maintain labor market order.

Process and procedures for revoking the license to operate labor sublease

Procedure for revocation of License

The process of revoking the license to operate labor sublease is carried out in the following order:

Step 1: Receive documents

• Enterprises submit documents to request license revocation at the Department of Labor, War Invalids and Social Affairs where their headquarters is located.
• The Department of Labor, War Invalids and Social Affairs receives, checks and issues receipts.

Step 2: Appraisal of documents

• Within 10 working days, the Department of Labor, War Invalids and Social Affairs checks and reviews documents and valid labor subleasing contracts.
• Request the business to resolve benefits for employees (if any).
• Submit to the Chairman of the Provincial People’s Committee to consider revoking the license.

Step 3: Make a recall decision

• Within 07 working days, the Chairman of the Provincial People’s Committee will consider and issue a decision to revoke the license.
• The decision to revoke the license is made according to Form No. 08/PLIII, Appendix III issued with Decree 145/2020/ND-CP.

This process ensures that license revocation is carried out strictly, transparently and with authority.

Legal basis: Clause 3, Article 28, Decree 145/2020/ND-CP.

Records and documents related to the recall

Dossier to request revocation of Labor Subleasing Operation License includes:

• Document requesting revocation of license according to Form No. 06/PLIII Appendix III Decree 145/2020/ND-CP.
• License has been issued or written commitment to be responsible before the law if the license is lost.
• Report on the status of labor subleasing activities Form No. 09/PLIIIAppendix III Decree 145/2020/ND-CP.
• Copy of the valid labor subletting contract.

These documents provide necessary information for the competent authority to consider revoking the license.

Legal basis: Clause 2, Article 28 of Decree 145/2020/ND-CP.

Time limit for resolving recovery procedures

Time limit for resolving procedures for revoking the license to operate labor sublease in case the enterprise requests to terminate operations or dissolve or go bankrupt: 17 working days from the date of receipt of complete and valid documents.

This regulation helps ensure quick processing time, avoiding affecting business operations and workers’ rights.

Legal basis: Clause 3, Clause 4, Article 28 of Decree 145/2020/ND-CP.

Responsibilities of businesses when their License is revoked

When the Labor Subleasing Operating License is revoked, the enterprise is responsible for:

• Liquidate all ongoing labor sublease contracts.
• Resolve the legal rights and interests of subleased employees and subtenants.
• Publicly post the content of termination of operations on the electronic newspaper for 07 consecutive days.
• Complete the above procedures within 15 working days from the date of receiving the decision to revoke the license.

Fully implementing these responsibilities helps ensure the rights of employees and related parties when the business’s license is revoked.

Legal basis: Article 29 of Decree 145/2020/ND-CP.

Consulting services on issues of Labor Subleasing Operating License in Long Phan

Long Phan provides professional consulting services on issues related to Labor Subleasing License, including:

• Consulting on conditions and procedures for applying for new, renewing and re-issuing licenses.
• Support in preparing documents and carrying out administrative procedures.
• Consulting on the rights and obligations of labor subleasing businesses.
• Support to resolve problems that arise during operations.
• Advise on how to prevent cases of license revocation.

With a team of experienced experts, Long Phan provides quality consulting services, helping businesses comply with legal regulations and avoid the risk of license revocation.

Revoking the license to operate labor sublease is a state management measure to ensure that labor subleasing activities comply with the law. Businesses need to master the regulations to avoid violations that lead to license revocation. Customers who need detailed advice on this issue, please contact Long Phan via hotline 0906735386 for timely and professional support.