The definition of Subleasing Labor – Condition
The majority of businesses will experience a period of time that requires a large number of employees, but it is difficult to hire employees on time. During this time, subleasing labor is a considerable option.
Subleasing Employee is an act of Employee come into a Labor Contract with a Subleasing Employer, following this that Employee will be transferred to and subject to another Employer management while remaining the contract responsibility with the original Employee
Remarks: Subleasing business is conditional; Enterprises can only do subleasing services when they have a Subleasing Services Certificate and for limited jobs.
Relevant legal documents:
- Labor Law.
- Decision 145/2020/NĐ-CP orient Labor Law about condition Employee and Employer working relationship. (Chapter IV).
Condition to receive Subleasing Labor Certificate: For Legal Representative of Business that is conducting subleasing labor:
- Must be the person who manages enterprise in compliance with Law On Enterprises;
- No criminal record;
- Have direct professional working or management experience with subleasing labor or supplying labor for more than 03 years (36 months) in 05 years immediately before applying for the certificate.
For enterprise: Must escrow two billion at the commercial bank of Viet Nam or headquarters of foreign banks that are legally established and working in Viet Nam.
The application shall include:
- Requesting form (follow sample).
- Personal declaration of the legal representative of the business (follow sample).
- Legal Clearance No.1 of enterprise legal representative. If the legal representative is a foreigner who is not eligible for legal clearance no.1, then it is acceptable for that individual to have their country’s legal clearance instead.
- Documents that can prove the professional working or managing time about subleasing or supplying labor of the legal representative.
- Escrow documents relevant to the subleasing activity (follow sample).
Submit the applications to the Department of Labour, War Invalids, and Social Affairs at the business province
Timeline for result 27 working days (if the application is qualified and completed)
Jobs that are eligible for subleasing labor according to Labor Law:
Follow Appendix II, issues follow Decision 145/2020/ND-CP, including:
- Interpretation/Translation/Stereographic.
- Secretary/Administrative Assistant.
- Receptionist.
- Tour guide.
- Sale assistant.
- Project Assistant.
- Production equipment programming.
- Produce, and equip telecommunication.
- Operate/Examine/Fix construction machines and electricity systems.
- Cleaning building, factory.
- Document edition.
- Personal Guard/security.
- Marketing/Customer services through phone.
- Financial, tax handling.
- Car fixing/operating.
- Scan, technical drawing/Decorating.
- Driving.
- Cargo managing, operating, maintaining, and serving.
- Petro rig managing, operating, fixing, maintaining, and serving.
- Airplane driving, serving/ Maintaining, fixing airplanes/Supervising airplanes/airplane supervising.
