Licensing activities of labor sublease

02/04/2019

The Government has just promulgated Decree 29/2019 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing of labor sublease, deposit and job list of labor sublease.

In particular, the Decree specifies the deposit of the outsourcing service provider. Accordingly, the deposit is used to pay salaries, benefits, social insurance, health insurance, unemployment insurance, labor accident insurance, occupational disease or workers' compensation for sublease labor in case the leasing enterprise breaches the labor contract with the re-employed employee or causes damage to the employee due to the failure to guarantee the lawful rights and interests of the re-employed employee.

The leasing enterprise shall follow the procedure for paying deposit in accordance with the bank's regulations and the law. The deposit-collecting bank is responsible for issuing the certificate of deposit for labor sub-leasing after the leasing enterprise completes the deposit procedure. In case of changing one of the information on the certificate of deposit of labor subleasing operation, including: enterprise's name; head office address; the deposit account number, the leasing enterprise shall send the written request and documents proving the change of information to the receiving bank to change the certificate of deposit for labor sublease.

The Chairman of the provincial People's Committee decides to allow the enterprise to withdraw deposits in 5 cases:

1. The leasing enterprise experiences have temporary difficulties and cannot afford to pay salaries, allowances, social insurance, health insurance, unemployment insurance, labor accident insurance, occupational diseases for with re-employed employees according to the provisions of law after 30 days from the date of payment due date.

2. The leased enterprise experiences temporary difficulties and cannot afford to re-compensate the re-hired laborers in case the enterprise violates the labor contract with the subleased employee or causes damage to the laborers due to does not guarantee the lawful rights and interests of the re-hired employee after the 60-day time limit, counting from the date the compensation is due.

3. The enterprise is not licensed.

4. The leasing enterprise shall have its license revoked or not renewed or re-granted.

5. The leasing enterprise has made a deposit at another commercial bank.

Deduction of deposit money

The Decree also stipulates the deduction of deposits when the leasing enterprise fails to fulfill its obligations to the subleasing laborers. Specifically, deducting the deposit of the enterprise to pay the regimes and benefits to the sublease employees in case where after 60 days from the payment due date the enterprise fails to make payment and does not have written request for withdrawal of deposit to pay regimes and benefits for re-employed laborers.

The Department of Labor, Invalids and Social Affairs is responsible for checking, verifying and requesting the leasing enterprise to report the list of subleased employees, the unpaid amount and compensation of each person. Within 5 working days after receiving a request from the Department of Labor, Invalids and Social Affairs, the leasing enterprise must complete the above report. Within 3 working days after receiving the enterprise's report, the Department of Labor, Invalids and Social Affairs summarizes and submits to the Chairman of the provincial People's Committee to decide the deduction of enterprise's deposit to make payment as regulated.

Within 05 working days after receiving the request from the Department of Labor, Invalids and Social affairs, the Chairman of the provincial People's Committee decides to deduct the enterprise's deposit.

Within 7 working days from the date of receiving the decision of the Chairman of the provincial People's Committee on the deposit, the receiving bank shall deduct the deposit of the enterprise and directly pay according to the plan and the list decided by the Chairman of the provincial People's Committee, after deducting the cost of banking services.

The Department of Labor, Invalids and Social Affairs is responsible for supervising the payment, compensation for outsourced workers and reporting the results to the provincial People's Committee.

Source: chinhphu.vn

 

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