LABOR LEASING ENTERPRISE’S LEGAL CAPITAL IS VND 2 BILLION
This is an important content of the Decree No. 55/2013/ND-CP dated May 22, 2013 of the Government the labor leasing enterprises, payment of deposits and list of job entitled in labor lease’s implementation.
Accordingly, enterprises shall be licensed for the labor leasing operations when they have full the following conditions: having conducted payment of deposit of VND 2 billion; the leasing enterprises must maintain the charter capital not lower than the legal capital during their operation; the locations of head offices, branches and representative offices of the leasing enterprises must be stable for at least 02 years; heads of the leasing enterprises must have full civil act capacity, clear biography, working experiences in the field of labor lease of from 03 years or more and during three consecutive years before requesting for license of the labor leasing operation, they were not heads of the enterprises whose business registration certificates were withdrawn or they did not commit again acts of forging dossiers applying for grant, re-grant of Enterprise registration certificate, dossiers applying for grant, re-grant or extension of license for the labor leasing operation.
The purposes of leasing enterprises is to timely meet the sudden increase on human resource in a defined duration; replace employees during maternity leave, suffering occupational accidents, occupational illness or having to implement citizen’s obligations or reducing working time and have demand on use of laborers with high technical and professional qualification, within that, except for the cases as follows: enterprises happening labor disputes, strikes or for replacement of employees during of implementing right of strike, settlement of labor disputes, the leasing enterprises failed to reach a specific agreement on responsibility for compensation of occupational accidents, occupational illness for the leased employees with the labor hiring party; replacement of employees; leasing employees to work in places with harsh living conditions.
Duration of the labor lease maximally does not exceed 12 months. When ending duration, the leasing enterprises are not permitted to continue leasing the employee with respect to the hiring party which such employee has just ended the lease duration.
This Decree takes effect on July 15, 2013.
