Cases not entitled to conduct the outsourcing

Cases not entitled to conduct the outsourcing

At Article 24 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, the Cases not entitled to conduct the outsourcing provided as bellow

1. Enterprises happening labor disputes, strikes or for replacement of employees during of implementing right of strike, settlement of labor disputes.

2. The outsourcers failed to reach a specific agreement on responsibility for compensation of occupational accidents, occupational illness for the outsourced employees with the outsourcing party.

3. Replacement of employees who are dismissed due to restructure, changes of technologies or merger, consolidation, division, separation of enterprises or due to economical reasons.

4. Providing employees to work in places with harsh living conditions according to list issued by the Minister of Labor, Invalids and Social Affairs and the Minister of Health, unless those employees have been lived in those above areas for sufficient 03 years or more; jobs of outsourcing are in List of heavy, hazardous and dangerous and special heavy, hazardous and dangerous jobs promulgated by the Minister of Labor, Invalids and Social Affairs.