Consulting on the rights and obligations of labor subcontractors at Long Phan

Article overview

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.

Rights and obligations of the subleasing party
Rights and obligations of the subleasing party

What is labor subleasing?

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.

Labor subleasing
Labor subleasing

What content must a labor subletting contract contain?

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:

  • Work locations and job positions require the use of subleased labor
  • Specific job content and requirements for sub-hired employees
  • Labor rehiring period and work start time
  • Working time, rest time
  • Safety and hygiene conditions at the workplace
  • Liability for compensation for labor accidents and occupational diseases
  • Obligations of each party towards employees.

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.

Cases where the subleasing party is hired by the employer

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.

  • Temporarily respond to sudden increases in labor demand within a certain period of time;
  • Replace employees who are on maternity leave, have accidents at work, have occupational diseases or must perform civic duties;
  • There is a need to employ workers with high professional and technical qualifications.

Rights and obligations of the subleasing party

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:

  1. Inform and guide subleased employees about their labor rules and other regulations.
  2. Do not discriminate in terms of working conditions for subleased employees compared to their own employees.
  3. Agreement with the subleased employee to work at night or overtime according to the provisions of this Code.
  4. Agreement with the subleased employee and the labor subleasing enterprise to officially recruit the subleased employee to work for them in the case of the subleased employee’s labor contract with the labor subleasing enterprise. The movement has not ended.
  5. Return subleased workers who do not meet the agreed requirements or violate labor discipline to the labor subleasing enterprise.
  6. Provide labor leasing businesses with evidence of violations of labor discipline by sub-hired employees to consider labor disciplinary actions.
Safe and hygienic working environment
Safe and hygienic working environment

Labor subleasing consulting services, rights and obligations of labor subleasing parties at Long Phan

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:

  • Analyze the business’s need to use hired labor
  • Consulting on legal labor rehiring processes and procedures
  • Drafting labor sublease contracts
  • Guidance on implementing the rights and obligations of the outsourcing party
  • Solve legal problems in the process of using subleased labor.

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.