A reader who has email address as thanhbaox @ xx asked: His company re-hired some of the company's security guards to guard the company. Did his company have to sign labor contracts and pay social insurance for those employees? When the employees violates the labor discipline, did his company have the right to discipline them? Lawyer Nguyen Thi Trang, YouMe Law Firm answers: Article 56 of the Labor Code 2012 provides for the rights and obligations of the labor outsourcing enterprise as follows: 1. To ensure supply of a skilled employee who meets the requirements of the hiring party and the labor contract signed with the employee. 2. To inform the leased employee of the contents of the labor leasing contract. 3. To sign a labor contract with the employee in accordance with this Code. 4. To provide the hiring party with a brief personal record of the leased employee and his/her demands. 5. To perform the obligations of an employer in accordance with this Code; to pay wage for public holidays and annual leaves, wage of work suspension, severance allowance, job-loss allowance; compulsory social insurance, health insurance and unemployment insurance premiums for the employee in accordance with law.
To ensure that the wage of the leased employee is not lower than that of a normal employee of the hiring party who has the same qualification and performs the same job or job of equal value.
6. To make a dossier stating the number of leased employees, the hiring party and leasing charges, and report them to the provincial-level state management agency of labor.
7. To discipline leased employees who are returned by the hiring party for their violations of labor discipline.
Clauses 6 and 7, Article 57 of the 2012 Labor Code provide for a number of rights and obligations of the outsourcing party as follows:
6. To return to the labor leasing enterprise, the leased employee who fails to meet the requirements as agreed or who violates labor discipline.
7. To provide evidence of the leased employee’s violation of labor discipline for the labor leasing enterprise to consider and discipline such employee.
Thus, the signing of the labor contract, the obligation to pay social insurance premiums as well as the right to discipline the outsourced employee belongs to the outsourcing company, not the company's responsibility, to hire labor.