Regulations on labor outsourcing

0976 266 064 (HP) - 0971 996 886 (HCM) - 0972 251 579 (ĐN; BD) - 0936706716 (HN) ckjobs.vina@gmail.com
VN EN

News event

Regulations on labor outsourcing

The 2012 Labor Code specifies the labor outsourcing activities as follows: 1. Labor outsourcing means the employee has been recruited by the enterprise licensed to operate the following labor outsourcing activities. That works for another employer, is subject to the following employer and still maintains an employment relationship with the outsourcing business. 2. The activity of labor outsourcing is a conditional business line and is only allowed for a few jobs.

Consultancy attorneys on regulations of law on labor outsourcing. Conditions for the outsourcing business. To learn more about this issue, you can refer to the following advice:

1. Advice on labor outsourcing

Labor outsourcing means that the employee has been recruited by an enterprise licensed to operate the outsourcing operation and then works for another employer, subject to the management of the following employee and still maintain labor relations with the labor leasing enterprise. If you do not know the law on this issue, you can contact Minh Gia Law, the lawyer will advise you on the following counseling contents:

+ Conditions the enterprise is allowed to sublease labor;

+ The labor sublease term;

+ Procedures for applying for a labor re-employment license;

2. Labor leasing enterprises

Article 54 of the Labor Code 2013 also defines specific obligations to a labor outsourcing enterprise when conducting this business:

"first. The labor leasing enterprise must make a deposit and be licensed to operate the labor outsourcing.

2. The maximum duration of labor outsourcing is 12 months.

3. The Government shall provide for the licensing of the labor sublease operation, the deposit and the list of jobs to be performed on the labor sublease ”

Because it is a new activity specified by the labor law, the application for a business license in this field is strictly limited, only when the conditions are met, the outsourcing business is Licensed. In addition to meeting the conditions of deposit, legal capital as well as conditions for the head of the business, you should note that the implementation of labor outsourcing and being licensed to perform operations for To re-hire a labor only when the production and business activities are on the list of jobs permitted to be leased out. For the security service job that the client is performing, Minh Gia Law Firm determined that this is a job that is allowed by the Labor Code 2013 and Decree 55/2013 / ND-CP to perform labor outsourcing activities. operating and applying for a permit for the outsourcing operation (Attached herein, Appendix V of Decree 55/2013 / ND-CP regulating 17 types of jobs to be allowed to sublease).

Dossiers and procedures for applying for the labor outsourcing operation license

Regarding the application file for the issuance of a labor outsourcing license, guided under Clause 1, Article 11 of Decree 55/2013 / ND-CP includes:

a) An application form for the outsourcing operation license (Attached with this consultation letter to the application for the outsourcing license);

b) Documents proving the eligibility for legal capital;

c) Certificate of deposit implementation (enclosed with the form in Appendix 3 of Decree 55/2013 / ND-CP);

d) Certificate of enterprise registration in accordance with the Law on Enterprises;

dd) Proof of conditions for the head of the enterprise in accordance with the law;

e) Proof of location conditions.

Specifically, for papers proving the legal capital, the location conditions and the head of the enterprise should note as follows:

First, the documents proving the condition of legal capital include:

+ Capital contribution minutes of founding shareholders, for joint-stock companies or of founding members, for limited liability companies with two or more members; the owner's decision on capital assignment for one-member limited liability companies; registration of investment capital of the enterprise owner, for private enterprises and for one-member limited liability companies in which the owner is an individual;

+ For the amount of capital contributed in cash, there must be a written certification of the commercial bank licensed to operate in Vietnam, where the enterprise deposits the contributed capital in cash about the amount of capital to be deposited;

+ For the capital contributed by property, there must be a deed of the valuation organization in Vietnam of the results of the asset valuation included in the capital contribution. The deed must be valid up to the date of filing at the authorized business registrar.

Two, records that prove the conditions of the head of the business:

+ The contract on the management and administration of labor outsourcing or the contract on the management and administration of labor supply activities to demonstrate the experience of working in the field of labor outsourcing. moving.

+ Curriculum vitae of the head of the leasing enterprise (curriculum vitae content is guided in Appendix 2 of Circular 01/2014 / TT-BLDTBXH attached to this Letter of Advice)

Three, proof of location;

+ Certificate of land use right, house ownership in case of house owned by the person whose name is in business registration;

+ Lease contract with a lease term of 2 years or more

Regarding the order and procedures for applying for a labor outsourcing operation license:

+ The enterprise is responsible for sending directly and fully 01 set of dossier for the issuance of a Labor sublease operation license to the Department of Labor, War Invalids and Social Affairs of the province or city where the enterprise is headquartered for request. appraise the dossier of application for a license to operate the labor outsourcing, and at the same time send 01 above dossier to the Ministry of Labor, War Invalids and Social Affairs (the Legal Department) to proceed with the application for the permit.

+ In case the enterprise's dossier submitted for appraisal request does not fully submit the documents specified in the application for licensing, within 03 working days from the date of receipt of the application for appraisal, the Department Labor - Invalids and Social Affairs is responsible for informing the enterprise in writing of the proposal to supplement the missing documents.

+ The Department of Labor - Invalids and Social Affairs is responsible for verifying the authenticity of the contents of the dossier within 30 working days from the date of receipt of a complete and valid dossier and sending the results of the appraisal. Dossier with 01 copy of the enterprise's application for a license to the Ministry of Labor, War Invalids and Social Affairs (the Legal Department).

+ The Minister of Labor, War Invalids and Social Affairs shall base themselves on the enterprise's application dossier and the result of dossier appraisal by the Department of Labor, War Invalids and Social Affairs, as well as other relevant regulations to issue or fail to grant a license according to the time limit specified in Clause 2, Article 13 of Decree No. 55/2013 / ND-CP and send a written reply to the enterprise and send it to the Department of Labor - Invalids and Social Affairs where the appraisal of the Application for the issuance, re-issuance or extension of the License is conducted in that decision

+ Within 10 days from the date of issuance of the License, the lessor must send a written notice, enclosed with a copy of the License, to the Department of Labor, War Invalids and Social Affairs of the province or city where the enterprise is located. Head office and public posting of the copy of the License at the head office of the enterprise.

+ Within 30 days from the date of issuance of the License, the enterprise must publish the content of the License on an electronic newspaper for 05 consecutive days.

Security services joint stock company can compare with the above legal provisions if the company fully meets the above conditions can expand its business in the field of labor outsourcing. . Under the current conditions, the Company can completely provide security services without a labor sublease license according to the above analysis.

Hotline : 0976 266 064 (HP) - 0971 996 886 (HCM) - 0972 251 579 (ĐN; BD) - 0936706716 (HN)

Email : ckjobs.vina@gmail.com

Facebook Skype
Customer partner
CK VINA GLOBAL CO.,LTD

HEAD: Number 69, Truc Cat 2.Str, Vinh Niem Ward, Le Chan Dist, Hai Phong City
REP: 02 D1 Str, Nam Long Residential Area, Phuoc Long B, Thu Duc, HCMC
Email: ckjobs.vina@gmail.com - Website: ckjob.vn

HOTLINE:
Hai Phong: 
0976 266 064 - 0989 320 999 - HCM: 0971 996 886
Binh Duong, Dong Nai: 0972 251 579 - Ha Noi: 0936 706 716 

Follow us

127476 Online : 1

Copyright © 2021 CK VINA. Designed By Viet Wave
0971 996 886