The Ministry of National Defense has sent comments on the draft Law amending and supplementing a number of articles of the Labor Code, the Law on Archives, the Law on Gender Equality and the Law on Red Cross Activities, drafted by the Ministry of Home Affairs.
One of the notable contents that the Ministry of National Defense proposed to amend and supplement Clause 1, Article 53 of the 2019 Labor Code.
Option 1, the Ministry of National Defense proposes a maximum labor sublease term for employees of 36 months.
The reason given is that the maximum labor sublease term is 12 months, making it difficult for employers when the sublease of labor to serve projects exceeds this term.
In fact, many digital transformation projects must be implemented within a period of 24 - 36 months, after the project ends, the employer also has no need to arrange labor or recruit workers to work directly for them in normal production and business activities.
Extending the term to 36 months does not reduce the rights of workers, because the 2019 Labor Code already has direct protection mechanisms.
Option 2, the Ministry of National Defense proposes that the labor sublease term for workers in each labor sublease is no more than 12 months. The labor sublease for the same worker for the same labor sublease party is carried out a maximum of 3 times.
With this option, the Ministry of National Defense explained that the current regulations in Clause 1, Article 53 of the 2019 Labor Code only stipulate: "The labor sublease term for employees is a maximum of 12 months", but did not clarify whether this limit is understood as a maximum of 12 months for the entire time of sublease for an employee, or a maximum of 12 months for each time/labor sublease contract.
This unclearness leads to many different understandings and applications in practice.
The existence of many different understandings as above causes difficulties for businesses in developing personnel plans, signing and implementing labor leasing contracts; and at the same time, it poses legal risks when state management agencies, labor leasing enterprises and labor leasers have inconsistent understandings and application methods.
Therefore, it is necessary to amend the regulations in the direction of clearly defining the labor sublease term in each time not exceeding 12 months, and at the same time limiting the number of subleases for the same worker for the same labor sublease party to a maximum of 3 times.
This regulation method both overcomes gaps and the lack of clarity of current regulations, and ensures the necessary control limits to prevent abuse of labor leasing to replace stable and long-term labor relations.
Responding to this content, the Ministry of Home Affairs did not receive comments. The reason given is that the proposals and recommendations are not consistent with the purpose, requirements, and contents of amendments and supplements (arrangement of the organizational structure, 3-level political system, decentralization, delegation of powers, decentralization of authority, reduction and simplification of administrative procedures, abolition of conditional business lines) of this draft law.
