Chương 4 Nghị định 55/2013/NĐ-CP: Công việc được thực hiện cho thuê lại lao động

Chapter 4.

JOBS ENTITLED TO IMPLEMENT THE OUTSOURCING

Article 23. Purposes of the outsourcing

1. Timely meeting the sudden increase on human resource in a defined duration.

2. Replacing employees during maternity leave, suffering occupational accidents, occupational illness or having to implement citizen’s obligations or reducing working time.

3. Having demand on use of laborers with high technical and professional qualification.

Article 24. Cases not entitled to conduct the outsourcing

1. Enterprises happening labor disputes, strikes or for replacement of employees during of implementing right of strike, settlement of labor disputes.

2. The outsourcers failed to reach a specific agreement on responsibility for compensation of occupational accidents, occupational illness for the outsourced employees with the outsourcing party.

3. Replacement of employees who are dismissed due to restructure, changes of technologies or merger, consolidation, division, separation of enterprises or due to economical reasons.

4. Providing employees to work in places with harsh living conditions according to list issued by the Minister of Labor, Invalids and Social Affairs and the Minister of Health, unless those employees have been lived in those above areas for sufficient 03 years or more; jobs of outsourcing are in List of heavy, hazardous and dangerous and special heavy, hazardous and dangerous jobs promulgated by the Minister of Labor, Invalids and Social Affairs.

Article 25. List of jobs entitled to implement the outsourcing

1. Jobs entitled to implement the outsourcing are provided in Annex V promulgated together with this Decree.

2. The outsourcing is conducted for only jobs in the List and ensures provisions in Article 23 and Article 24 of this Decree.

3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with relevant agencies in reviewing, submitting to the Prime Minister for amending and supplementing the List specified in Annex V promulgated together with this Decree.

Article 26. Duration of the outsourcing

1. Duration of the outsourcing maximally does not exceed 12 months.

2. When ending duration specified in clause 1 this Article, the outsourcers are not permitted to continue providing the employee with respect to the hiring party which such employee has just ended the outsourcing duration.