Tiếng Việt
中文“Driver leasing” is in fact a form of labor sub-leasing — the employee signs a labor contract with the sub-leasing enterprise, and is then transferred to work under the management of another enterprise (the sub-lessee). This is a conditional business line: only enterprises granted a License for Labor Sub-Leasing Operations may engage in it, and only for certain jobs, under the Labor Code 2019 and Decree No. 145/2020/ND-CP.
What Is Labor Sub-Leasing?
Under Article 52 of the Labor Code 2019, labor sub-leasing means that an employee enters into a labor contract with an employer that is a labor sub-leasing enterprise, and the employee is then transferred to work under the management of another employer while maintaining the labor relationship with the enterprise that entered into the labor contract.
Related services
Commercial Contracts
If you are preparing to sign, review or handle a dispute arising from a contract, ANT Legal can help assess key terms, legal risks and suitable handling options.
Thus, the model of “a company supplying drivers to another enterprise” — where drivers sign contracts with the supplying company but daily drive and take assignments from the user enterprise — is precisely labor sub-leasing and must fully comply with the conditions prescribed by law.
Conditions for Granting the Labor Sub-Leasing Operation License
Under Decree No. 145/2020/ND-CP, an enterprise is granted the license when it satisfies the following conditions:
1. Deposit: the enterprise must deposit VND 2 billion at a commercial bank to secure its obligations toward sub-leased employees.
2. Charter capital: satisfying the capital requirement as prescribed (the enterprise must have charter capital in accordance with the law on labor sub-leasing).
3. Legal representative: satisfying the prescribed standards on qualifications and experience.
4. Other conditions: having stable operating premises, satisfying requirements on facilities, and other conditions under Decree No. 145/2020/ND-CP.
Sub-Leasing Is Only Permitted for Certain Jobs
The law limits the list of jobs eligible for labor sub-leasing (Appendix II issued with Decree No. 145/2020/ND-CP), including support, seasonal, or special-nature jobs such as: interpreters, administrative secretaries, receptionists, tour guides, drivers, and the like. Enterprises may not sub-lease labor for jobs outside the list, nor sub-lease employees to replace employees who are on strike or during the resolution of labor disputes.
Obligations of Labor Sub-Leasing Enterprises
A sub-leasing enterprise must: sign labor contracts with sub-leased employees; ensure that the salary of sub-leased employees is not lower than that of employees of the same qualifications performing the same work at the sub-lessee; fully perform social, health, and unemployment insurance obligations; not collect fees from employees; and only sub-lease after being granted the license.
Risks of Unlicensed Operations
Supplying drivers or employees to other enterprises without a License for Labor Sub-Leasing Operations is a violation of law, and may result in administrative penalties with high fines, suspension of operations, and liability to compensate employees for damages. The sub-lessee of labor from an unlicensed unit also faces legal risks regarding labor relations and social insurance obligations.
Need advice on the conditions, drafting the dossier for a Labor Sub-Leasing Operation License, or reviewing your staffing supply model? Please contact ANT Legal’s lawyers via Hotline/Zalo 0966.475.966 for case-specific consultation.
