Consulting on the rights and obligations of labor subleasing businesses

Article overview

The rights and obligations of labor subleasing business are specifically stipulated in the Labor Code and related legal documents. These regulations include operating conditions, principles of labor leasing, and responsibilities of businesses to employees and sub-lessees. In the following article, Long Phan will analyze in detail the legal regulations on labor subleasing activities, helping businesses understand and comply with the regulations.

Rights and obligations of labor subleasing businesses
Rights and obligations of labor subleasing businesses

When can businesses sublease workers?

Article 54 of the Labor Code 2019 clearly states the conditions for businesses to sublease labor as follows:

  • Labor subleasing businesses must deposit a deposit;
  • Labor subleasing enterprises are granted a Labor Subleasing Operation License.

According to the provisions of Article 21 of Decree 145/2020/ND-CP, to be granted an operating license, businesses must meet the following conditions:

  • The legal representative of the enterprise carrying out labor subleasing activities must meet the conditions of being an enterprise manager according to the provisions of the Law on Enterprise; no criminal record;
  • Have worked directly as a professional or manager in labor subleasing or labor supply for 3 years (36 months) or more within the 5 consecutive years before applying for a license;
  • The enterprise has made a deposit of 2,000,000,000 VND (two billion VND).
Conditions for businesses to sublease labor
Conditions for businesses to sublease labor

Principles of labor subleasing operations

Labor subleasing activities need to comply with the principles specified in Article 53 of the Labor Code 2019. These principles are to ensure the rights of employees and the effectiveness of labor leasing activities.

  • The maximum term of subleasing labor is 12 months.
  • The subleasing party is only allowed to use subleased labor in certain specific cases such as meeting sudden increases in demand, replacing labor on maternity leave or needing highly qualified labor.
  • Do not use subcontracted labor to replace workers who are on strike, do not have a labor accident compensation agreement, or replace workers who are laid off for economic reasons.
  • The subtenant is not allowed to transfer the subleased employee to another unit or use labor from an unlicensed enterprise.

Compliance with these principles helps ensure transparency and efficiency in labor subleasing activities, protecting the rights of relevant parties.

What rights and obligations do labor subleasing businesses have?

Article 56 of the Labor Code 2019 specifically regulates the rights and obligations of labor subleasing businesses. In addition to the general rights and obligations of employers, labor subleasing businesses also have specific responsibilities. Specifically:

  • Ensure the provision of qualified personnel corresponding to the requirements of the employer and the terms of the labor contract signed with the employee.
  • Inform workers about the terms of the labor rental contract.
  • Provide the employer with information about the employee’s resume and aspirations.
  • Ensure that the salary for subleased workers is not lower than the salary of workers with the same qualifications and undertaking similar work at the hiring party.
  • Prepare and maintain records recording the number of subleased workers, information of the subtenant, and make periodic reports to the specialized labor agency under the Provincial People’s Committee.
  • Implement disciplinary measures against employees who violate regulations when the lessee requests to return the employee due to disciplinary violations.
Ensure salary and bonus regime for employees
Ensure salary and bonus regime for employees

Labor subleasing consulting services of subleasing businesses in Long Phan

Long Phan provides comprehensive consulting services on labor subleasing for businesses. With a team of experts with extensive experience in the field of labor law and human resource management, we provide consulting services including:

  • Consulting on regulations on hiring labor for businesses.
  • Support businesses to apply for a labor subleasing operating license,
  • Consulting on deposit conditions and procedures.
  • Support the development of recruitment, training, and management processes for subleased labor to meet legal requirements.
  • Detailed advice on the rights and obligations of labor subleasing businesses, helping businesses comply with regulations on contracts, wages, and social insurance.
  • Support in resolving problems that arise during the labor leasing process.

Complying with the rights and obligations of labor subleasing businesses is an important factor for effective and sustainable business operations. We provide comprehensive consulting services, helping businesses master and comply with legal regulations on labor subleasing. If you need detailed advice, please contact the hotline 0906735386 for quick and professional support.