(Chinhphu.vn) – According to current regulations, workers and employers "must directly enter into a contract", so the two companies agreed to land labors are not suitable.
Dat Viet Fertilizer Joint Stock Company (Ho Chi Minh City) specializes in fertilizer production, not have a function of hiring labors. The work of the company is seasonal, in the low season, labors are almost no job, or have very low income because of product allocation.
The company still has to bear the cost of salaries and wages when workers are out of work, but if they hire seasonal workers, they will not be able to take initiative in production. Meanwhile, the partners of Dat Viet Fertilizer Joint Stock Company only need labors in high season (for example coffee companies in the harvest season) and the need to hire labors this stage.
Throughout the IPO, the Dat Viet Fertilizer Joint-Stock Company would like to ask the competent authorities to answer, in the cases mentioned above, can the company agree to lend labors to the partner company ? If so, what procedures should the company do?
Regarding these issues, The Ministry of Labor, Invalids and Social Affairs would like to answer as follows:
Under Article 18 of the Labor Code 2012, workers and employers must "directly enter into a contract", so the two companies agree to lend labors are not appropriate.
Article 53 of the Labor Code 2012 stipulates the form of subleasing labor, which means that the employee is recruited by an employee who has been licensed to operate the sub- For other employers, subject to the administration of the following employers and still maintain labor relations with the subleasing of labor. "
This may be a form of employment appropriate to the status of the company and to operate in this form of the company must be licensed to operate subleasing labor in accordance with the Labor Code, Decree No. 55/2013 / ND-CP dated 22/5/2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the issuance of licenses for subleasing laborers, And the list of jobs to be re-hired labors
- By : Online Newspaper of the Government / Translator: HaiYen-Bizic
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