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Rights and obligations of the subleasing party is an issue that needs attention in labor subleasing relationships. Enterprises that hire workers need to clearly understand their responsibilities and rights according to the provisions of Vietnamese labor law. The article below will provide detailed information about the rights and obligations of the subleasing party.
Labor subleasing is a conditional business activity specifically stipulated in Article 52 of the Labor Code 2019. This is a specific form of labor in which the employee signs a contract with the subleasing enterprise. The employee is then transferred to work for the subleasing party and is under the management of another employer while still maintaining the labor relationship with the employer who signed the labor contract.
A labor subletting contract is a document that stipulates the rights and obligations between the labor subleasing enterprise and the labor subleasing party. According to Article 55 of the Labor Code 2019, this contract must include core contents.
Mandatory contents in the labor subletting contract include:
In addition, the contract needs to clearly stipulate the employee’s salary, allowances and other benefits. Provisions for training and job instructions should also be mentioned. The parties should agree in detail on labor management and administration rights and responsibilities when disputes arise.
Developing a complete and detailed contract will help limit risks and protect the interests of the parties. Enterprises should consult experts when drafting labor sublease contracts.
Vietnamese labor law specifically regulates cases where businesses are allowed to use subcontracted labor. According to Clause 2, Article 53 of the Labor Code 2019, the subhiring party is only allowed to use subleased labor in 3 cases.
The rights and obligations of the outsourcing party are specifically regulated in Article 57 of the Labor Code 2019. Specifically, the rights and obligations include:
Long Phan provides professional consulting services on labor subleasing, rights and obligations of labor subleasing parties to businesses. Our team of experts has a deep understanding of labor law and has practical experience in this field. Long Phan’s consulting services include:
With consulting experience for many large businesses, we provide optimal solutions, suitable to the characteristics of each customer. We always update the latest legal regulations to ensure the accuracy of consulting services.
The rights and obligations of the outsourcing party are complex issues, requiring a deep understanding of labor law. For detailed advice and support, please contact Long Phan via the hotline 0906735386. Our team of experts is ready to assist customers in building effective labor rehiring plans that suit their business needs.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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