Decree No.55/2013/ND-CP Detailing Implementation of Article 54 of Labor Code on License for Outsourcing Services ...

DECREE

DETAILING THE IMPLEMENTATION OF CLAUSE 3 ARTICLE 54 OF THE LABOR CODE ON LICENSE FOR THE OUTSOURCING SERVICES, PAYMENT OF DEPOSITS AND LIST OF JOBS ENTITLED TO CARRY OUT OUTSOURCING

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Enterprise dated November 29, 2005;

Pursuant to the Labor Code dated June 18, 2012;

At the proposal of Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree detailing the implementation of Clause 3 Article 54 of the Labor Code on license for the outsourcing services, payment of deposits and List of jobs entitled to carry out outsourcing,

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.

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Article 29. Effect

1. This Decree takes effect on July 15, 2013.

2. In case of refusal for grant, re-grant or extension of license for outsourcing services, the outsourcers operating must ensure lawful rights and interests of the outsourced employees in accordance with law on labor.

Article 30. Responsibilities for implementation

1. The Minister of Labor, Invalids and Social Affairs shall guide implementation of this Decree.

2. The Governor of the State bank of Vietnam shall guide payment of deposits and management of deposits of the outsourcers.

3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committee in central-affiliated cities and provinces shall implement this Decree.