What are the rights and obligations of labor leasing enterprises?
According to Article 56 of the Labor Code 2019, in addition to the general rights and obligations of employers stipulated in Article 6 of this Code, labor leasing enterprises have the following rights and obligations:
– Ensure that the workers possess the necessary qualifications for the requirements of the labor leasing party and the content of the signed labor contract;
– Inform the workers of the content of the labor leasing contract;
– Inform the labor leasing party of the personal profile and requirements of the workers;
– Ensure that the remuneration for the leased workers is not lower than that of other workers with similar qualifications and performing the same or equivalent work;
– Maintain a record specifying the number of workers leased, the labor leasing party, and regularly report to the labor authorities under the provincial People’s Committee;
– Take disciplinary action against workers who violate labor discipline when returning the leased workers.
What are the rights and obligations of the labor leasing party?
According to Article 57 of the Labor Code, the labor leasing party has the following rights and obligations:
– Inform and guide the leased workers about the labor rules and other regulations.
– Not discriminate against the leased workers in terms of working conditions compared to their own workers.
– Agree with the leased workers on night work and overtime work in accordance with the provisions of this Code.
– Agree with the leased workers and the labor leasing enterprise to formally recruit the leased workers to work for them in cases where the labor contract between the leased workers and the labor leasing enterprise has not been terminated.
– Return the leased workers who do not meet the agreed requirements or violate labor discipline to the labor leasing enterprise.
– Provide the labor leasing enterprise with evidence of the leased workers’ violations of labor discipline for consideration and disciplinary action.
What are the rights and obligations of the leased workers?
According to Article 58 of the Labor Code 2019, in addition to the general rights and obligations of workers as stipulated in Article 5 of this Code, leased workers have the following rights and obligations:
– Perform work according to the labor contract signed with the labor leasing enterprise;
– Comply with labor discipline, labor rules, and follow the legal management, administration, and supervision of the labor leasing party;
– Receive remuneration not lower than that of other workers with similar qualifications and performing the same or equivalent work;
– File a complaint with the labor leasing enterprise in case the labor leasing party violates the agreed terms in the labor leasing contract;
– Agree to terminate the labor contract with the labor leasing enterprise in order to enter into a labor contract with the labor leasing party.
