Decree No. 55/2013/ND-CP dated May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code regarding licensing of labor lease, payment of deposits and the list of jobs allowed for labor lease
Decree No. 55/2013/ND-CP of May 22, 2013, detailing the implementation of Clause 3, Article 54 of the Labor Code regarding licensing of labor lease, payment of deposits and the list of jobs allowed for labor lease
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the June 18, 2012 Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs;
The Government promulgates the Decree detailing the implementation of Clause 3, Article 54 of the Labor Code regarding licensing of labor lease, payment of deposits and the list of jobs allowed for labor lease.
Article 1. Scope of regulation
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This Decree provides the licensing of labor lease, payment of deposits of labor leasing enterprises and the list of jobs allowed for labor lease.
Article 2. Subjects of application
1. Labor leasing enterprises.
2. Labor hiring parties.
3. Leased employees.
4. Other agencies, organizations and individuals related to labor lease.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Labor leasing enterprise means an enterprise established and operating in accordance with law, hiring employees under labor contracts but not directly using them, and supplying them to another employer for temporary employment (below referred to as leasing enterprise).
2. Labor hiring party means an enterprise, agency, organization, cooperative, household or individual that needs labor for a given period and hire employees of a leasing enterprise so as to make up for the lack of employees.
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3. Leased employee means an employee with full civil act capacity who has signed a labor contract with a leasing enterprise and is leased by the leasing enterprise in order to work under the management of the labor hiring party for a given period.
Article 4. Prohibited acts in labor lease
1. For leasing enterprises:
a/ Paying wages and other benefits to leased employees lower than those already agreed with the labor hiring party;
b/ Lending the license for labor lease to another enterprise or borrowing it from another enterprise for conducting labor lease;
c/ Collecting charges from leased employees or leasing employees without the latter’s consent;
d/ Leasing employees for jobs which are not in the list of jobs allowed for labor lease provided in Appendix V to this Decree, or leasing employees after the expiration of the labor lease duration prescribed in Article 26 of this Decree;
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