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Prohibited acts for the outsourcing services?

Prohibited acts for the outsourcing services?

 

At Article 4 of the Decree 55/2013/ND-CP date May 22, 2013 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 Prohibited acts for the outsourcing services as follows:

 

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;