Page 12 - VSIP News QII - 2013

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Legal Update
• Labour outsourcing activities are prohibited where:
- the outsourcing is to replace employees on strike or during a labour dispute;
- the outsourced workers are to replace employees who have been retrenched;
- the outsourced workers are to work at locations with harsh living conditions.
• Companies providing labour outsourcing services are prohibited from:
- paying salaries and other benefits to an outsourced worker at rates lower than those agreed with the
companies using labour outsourcing services;
- lending the labour outsourcing licence to other enterprises or borrowing a labour outsourcing licence to
outsource workers;
- collecting fees from outsourced workers or outsourcing workers without their consent;
- outsourcing workers to perform jobs that are not on the list of the 17 permitted jobs provided above or
for terms exceeding the 12-month limit; or
- providing labour outsourcing activities to a related company within the same group.
• Companies using outsourced workers are prohibited from:
- collecting fees from the outsourced workers;
- outsourcing the outsourced workers to other employers; or
- using the outsourced workers to perform jobs that are not on the list of the 17 permitted jobs, or for a
term exceeding the 12-month limit.
Decree 55 comes into force from 15 July 2013
(Source: PWCVN)