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Vietnam – New decree regulates staffing services

31 May 2013

State media reports that the Vietnamese Government has issued a decree which recognises the practice of labour hiring or labour dispatch services, following the implementation of a new regulation in the Labour Code.  

The decree specifies that labour subleasing is restricted to 17 types of jobs, including interpreters, administrative staff, reception, tour guides, sale assistants, project assistants, security guards, domestic workers, editors, drivers to interior designers.

Labour subleasing should only be used to meet temporary labour demand, for instance when employees are on leave, or during peak periods, the decree states. It cannot exceed 12 months.

The Vietnam News Agency writes that the decree also defines four situations that prevent a company participating in labour subleasing. These are “companies that are currently involved in labour disputes or want to replace workers who are on strike; companies that do not clarify the responsibilities of compensation and other health issues with labour leasing companies; companies that want to replace workers due to restructuring or merging; companies that want to use subleased workers to work in extreme conditions,” it said.

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