1. Outsourcing is when an employee employed by an enterprise licensed to provide outsourcing services works for another employer and subject to the latter’s management while the labor relation with the outsourcing service provider is still sustained.
2. Outsourcing service is a conditional business and only provided for a certain number of works.
Outsourcing service providers
1. Outsourcing service providers must pay a deposit and obtain the license to provide outsourcing services.
2. The maximum outsourcing duration is 12 months.
3. The Government shall specify the outsourcing licensing, the deposit payment and the list of works eligible for outsourcing.
1. The outsourcing service provider and the outsourcing party must sign the written outsourcing contract. The contract is made into 02 copies, each party keeps one copy.
2. The outsourcing contract must include the following contents:
a) The working location, the position being outsourced, the work detail and requirements for the outsourced employee;
b) The outsourcing duration, the starting time of the employee;
c) The working hours, breaking time, labor safety and hygiene conditions at the work place;
d) The responsibilities for the employees of each party.
3. The outsourcing contract must not include the agreements on the rights and interests of the employee that are inferior to that in the labor contract signed by the outsourcing service provider and the employee.
Rights and obligations of outsourcing service providers
1. Providing the eligible employees consistently with the requirements of the outsourcing party and the labor contract signed with the employee.
2. Informing the employee about the outsourcing contract contents.
3. Signing the labor contract with the employee as prescribed in this Code.
4. Informing the outsourcing party about the employee’s résumé and requirements.
5. Fulfilling the obligations of the employer as prescribed in this Code; paying salaries, holiday pay, annual leave pay, work suspension pay, severance pay, redundancy pay, compulsory social insurance, unemployment insurance for the employee as prescribed by law.
Ensuring that the outsourced employee’s salary is not lower than that of the outsourcing party’s employees at equal levels, doing the same or equivalent job.
6. Recording the quantity of the outsourced employees, the outsourcing fees and sending reports to provincial State labor management agencies.
7. Disciplining employees that violate labor discipline when they are returned due to labor discipline violations.
Rights and obligations of the outsourcing party
1. Notifying and guiding the outsourced employee about the labor regulations and other regulations.
2. The working condition discrimination against outsourced employees in favor of their own employees is prohibited.
3. Reaching agreements with the outsourced employees when they are mobilized to work on the night shift or to work overtime outside the outsourcing contract.
4. The outsourced employees must not be transferred to other employers.
5. Reaching the agreement with the outsourced employee and the outsourcing service provider on officially employing the outsourced employee in case the labor contract between the employee and the outsourcing service provider is unexpired.
6. Returning the employee to the outsourcing service provider if they are not eligible as agreed or if they violate labor discipline.
7. Providing evidence of the labor discipline violations of the outsourced employee for the outsourcing service provider for disciplining.
Rights and obligations of outsourced employees
1. Doing the work under the labor contract signed with the outsourcing service provider.
2. Observing the labor regulations, labor discipline, collective labor agreement and the lawful management of the outsourcing party.
3. Receiving salary not lower than that of the outsourcing party’s employees at the same level, doing the same or equivalent job.
4. Lodging complaints with the outsourcing service provider in case the outsourcing party violates the agreements in the outsourcing contract.
5. Exercising the right to unilaterally terminate the labor contract with the outsourcing service provider as prescribed in Article 37 of this Code.
6. Reaching the agreement to conclude the labor contract with the outsourcing party after terminating the labor contract with the outsourcing service provider.