Who handles labor discipline of leased workers

Lawyer Nguyen Thu Thuy, YouMe Law Firm LLC replied:

Article 56 of the 2019 Labor Code stipulates the rights and obligations of labor leasing enterprises as follows:

In addition to the rights and obligations prescribed in Article 6 of this Code, labor leasing enterprises have the following rights and obligations:

1. Ensure to provide qualified workers in accordance with the requirements of the labor lessee and the content of the labor contract signed with the worker;

2. Notify employees of the content of the labor leasing contract;

3. Notify the labor lessee of the employee's resume and requirements;

4. Ensure that the salary paid to the leased employee is not lower than the salary of the lessee's employee with the same qualifications, doing the same job or job of equal value;

5. Prepare a record clearly stating the number of re-leased workers, the party re-hiring the workers and periodically report to the specialized labor agency under the Provincial People's Committee;

6. Disciplinary action against employees who violate labor discipline when the labor re-hiring party returns the employee due to violation of labor discipline.

Clause 5 and Clause 6, Article 57 of the 2019 Labor Code stipulate the rights and obligations of the labor sub-lessee as follows:

5. Return leased workers who do not meet the agreed requirements or violate labor discipline to the labor leasing enterprise.

6. Provide the labor leasing enterprise with evidence of labor discipline violations by leased employees for consideration of labor discipline handling.

Thus, the labor leasing enterprise shall handle labor discipline against the employee who violates labor discipline when the labor leasing party returns the employee due to violation of labor discipline.