Important Notes When Using High-Quality Labor Leasing Services and the Demand for Highly Skilled Workers by Enterprises

In modern times, machinery operates under the control of workers, ranging from unskilled labor to technically skilled personnel. Although machines can operate efficiently, they still cannot completely replace humans. Companies, both domestic and foreign, require human management, supervision, and manual labor. Therefore, can enterprises lease workers with high professional qualifications?

Important notes when using high-quality labor leasing services and the demand for highly skilled workers by enterprises

Legal Basis – Article 53 of the 2019 Labor Code on Principles of Labor Subleasing:

Principles of Labor Subleasing

The maximum duration of labor subleasing for an employee is 12 months.
The labor-hiring party may use subleased labor in the following cases:
a) Temporarily meeting a sudden increase in labor demand within a certain period;
b) Replacing employees during maternity leave, occupational accidents, occupational diseases, or when performing civic obligations;
c) Having a demand for workers with high professional and technical qualifications.
The labor-hiring party may not use subleased labor in the following cases:
a) To replace employees who are exercising the right to strike or resolving labor disputes;
b) When there is no specific agreement on compensation liability for occupational accidents or occupational diseases with the labor subleasing enterprise;
c) To replace employees who have been laid off due to changes in organizational structure, technology, economic reasons, or division, separation, consolidation, or merger.
The labor-hiring party may not transfer subleased employees to another employer; and may not use subleased employees provided by enterprises without a valid labor subleasing license.

Accordingly, enterprises with demand for highly skilled and professional workers are permitted to use subleased labor.

See also: Reputable and High-Quality Labor Supply and Labor Leasing Services

Can Enterprises Return Subleased Workers Who Violate Labor Discipline?

According to Article 57 of the 2019 Labor Code on the rights and obligations of the labor-hiring party, the provisions are as follows:

Rights and Obligations of the Labor-Hiring Party

Inform and guide subleased employees about internal labor regulations and other rules of the enterprise.
Not discriminate against subleased employees in terms of working conditions compared to their own employees.
Reach agreements with subleased employees on night work and overtime in accordance with the Labor Code.
Agree with the subleased employee and the labor subleasing enterprise to officially recruit the subleased employee in cases where the labor contract between the employee and the labor subleasing enterprise has not yet terminated.
Return subleased employees who fail to meet agreed requirements or violate labor discipline to the labor subleasing enterprise.
Provide evidence of labor discipline violations by subleased employees to the labor subleasing enterprise for disciplinary consideration.

Accordingly, enterprises hiring subleased labor have the right to return subleased employees who violate labor discipline to the labor subleasing enterprise.

How Many Copies Must a Labor Subleasing Contract Be Made?

According to Article 55 of the 2019 Labor Code regarding labor subleasing contracts, the provisions are as follows:

Labor Subleasing Contract

The labor subleasing enterprise and the labor-hiring party must enter into a labor subleasing contract in writing, made in two copies, with each party retaining one copy.
A labor subleasing contract must include the following principal contents:
a) Workplace, job position requiring subleased labor, specific job description, and specific requirements for subleased employees;
b) Duration of labor subleasing; commencement time of the subleased employee;
c) Working hours, rest periods, occupational safety and hygiene conditions at the workplace;
d) Liability for compensation for occupational accidents and occupational diseases;
đ) Obligations of each party toward the employee.
The labor subleasing contract must not contain any agreements that reduce the rights or benefits of the employee compared to the labor contract signed between the labor subleasing enterprise and the employee.

Accordingly, the labor subleasing enterprise and the labor-hiring party must enter into a written labor subleasing contract in two copies, each party retaining one copy.

The above content provides consultation on important notes when using high-quality labor leasing services and the demand for highly skilled workers by enterprises. Customers who require consultation or wish to use high-quality manpower leasing services are kindly requested to contact Minatech VN. We will get back to you as soon as possible.

MINA TECH VN’s labor supply services in Bac Giang, Bac Ninh, and other provinces are committed to delivering optimal recruitment and manpower supply solutions to enterprises. We continuously strive to improve workforce quality and become one of the most reliable labor supply providers today.