Is the legal representative of a labor subleasing enterprise required to be a business manager?

Is the legal representative of a labor subleasing business required to be a business manager?

The legal representative of a labor subleasing enterprise is specified in Clause 1, Article 21 of Decree 145/2020/ND-CP as follows:

Licensing conditions

1. The legal representative of the enterprise conducting labor subleasing activities must ensure the following conditions:

a) Be an enterprise manager according to the provisions of the Enterprise Law;

b) Have no criminal record;

c) Have worked directly as a professional or manager in labor subleasing or labor supply for 3 years (36 months) or more within the 5 consecutive years before applying for a license.

2. The enterprise has made a deposit of 2,000,000,000 VND (two billion VND).

Accordingly, one of the conditions for a labor subleasing business to be granted a labor subleasing operating license is that the legal representative of the business must be a business manager according to the provisions of the 2020 Enterprise Law.

Thus, the legal representative of the labor subleasing enterprise must be the enterprise manager.

At the same time, must be a person with no criminal record; has worked directly as a professional or manager in labor subleasing or labor supply for 3 years (36 months) or more within the 5 consecutive years before applying for a license.

If a labor leasing enterprise has a legal representative who was once the representative of an enterprise using a fake license, can it be granted an Operating License?

In case a labor subleasing enterprise has a legal representative who was once a representative of the enterprise using a fake license as prescribed in Clause 5, Article 25 of Decree 145/2020/ND-CP as follows:

Order and procedures for licensing

…

3. Within 20 working days from the date of receiving the required dossier, the Department of Labor, War Invalids and Social Affairs shall verify and submit to the Chairman of the Provincial People’s Committee to issue a license to the enterprise.

In case the dossier does not comply with regulations, within 10 working days from the date of receiving the dossier, the Department of Labor, War Invalids and Social Affairs shall issue a written request to the enterprise to complete the dossier. profile.

4. Within 07 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People’s Committee shall consider and issue a license to the enterprise; In case the license is not granted, there will be a written response to the enterprise clearly stating the reason for not granting the license.

5. License will not be issued in the following cases:

a) Failure to ensure the conditions as prescribed in Article 21 of this Decree;

b) Using a fake license to operate labor sublease;

c) Having a legal representative who was once the legal representative of the enterprise whose license was revoked for reasons at the following points d, dd and point e Clause 1 Article 28 of this Decree for 5 consecutive years before applying for a labor subleasing license;

d) There is a legal representative who used to be the legal representative of the enterprise using a fake license.

Thus, according to regulations, in case the legal representative of a labor subleasing enterprise was once a representative of the enterprise using a fake license, the labor subleasing operation license will not be granted.

What is the maximum term of a Labor Subleasing Operation License?

The duration of the Labor Subleasing Operation License is specified in Clause 3, Article 23 of Decree 145/2020/ND-CP as follows:

Labor Subleasing Operation License dynamic

1. Labor subleasing operation license printed on cardboard with A4 size (21 cm x 29.7 cm); The front side shows the content of the license on a white background with a blue pattern, an imprinted national emblem, and a black border; The back has the national emblem, national emblem and the words “LABOR RENTAL OPERATING LICENSE” printed on a blue background.

2. The content of the labor subleasing operation license is according to Form No. 04/PLIII, Appendix III issued with this Decree.

3. The term of the license is specified as follows:

a) The maximum license term is 60 months;

b) The license can be renewed multiple times, each extension is for a maximum of 60 months;

c) The reissued license term is equal to the remaining term of the previously issued license that.

Thus, according to regulations, the Labor Subleasing License has a maximum term of 60 months and can be extended many times, each extension being a maximum of 60 months.