Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides the license for the outsourcing services, payment of deposits of the outsourcers and List of jobs entitled to carry out outsourcing.
Article 2. Subjects of application
1. The outsourcers.
2. The outsourcing party.
3. The outsourced employees.
4. Other agencies, organizations, individuals relating to the outsourcing services.
Article 3. Interpretation of terms
In this Decree, the following terms are construed as follows:
1. The outsourcers mean enterprises established and operating in accordance with law, hiring employees under labor contracts but not directly use their employees; however supply for other employers their employees in order to temporarily work
2. The outsourcing party means enterprises, agencies, organizations, cooperatives, households, individuals in need of labor use for a definite term and hiring labrers of the outsourcers so as to compensate for the employment of lack employees.
3. The outsourced employee means employee with full civil act capacity, signed labor contract with the outsourcer, being hired by the outsourcer in order to work under control of the hiring party for a definite term.
Article 4. Prohibited acts for the outsourcing services
1. For the outsourcers:
a. To pay wage and other regimes to the outsourced employees lower than content agreed with the outsourcing party;
b. To let other enterprise borrow or borrow license of outsourcing services of other enterprise to operate the outsourcing;
c. To collect charge from the outsourced employees or providing outsourcing services without consent of employees;
d. To conduct the outsourcing but the outsourced jobs are not in List of jobs entitled to carry out outsourcing specified in Annex V promulgated together with this Decree or conduct the outsourcing exceeding the term of outsourcing as prescribed in Article 26 of this Decree;
e. To conduct the outsourcing between the outsourcer and other enterprises in Mother Company - subsidiary companies, Economy Group of which this outsourcer is member.
2. For the outsourcing parties:
a. To collect charge from the outsourced employees;
b. To let other employer hire the employees already hired by them;
c. To use the outsourced employees to work jobs that are not in List of jobs entitled to carry out outsourcing specified in Annex V promulgated together with this Decree or use the outsourced employees exceeding the term of outsourcing as prescribed in Article 26 of this Decree;
Tìm kiếm
Nghị định 55/2013/NĐ-CP (Bản Word)
Nghị định 55/2013/NĐ-CP (Bản Pdf)