Manufacturing and Installation of Television and Telecommunications Equipment;

Labor laws, countries have limited the industries and jobs allowed to conduct labor contracts, depending on the development of the labor market as well as the economic and social conditions in each country.

In Germany, labor leasing is confirmed in the Labor Leasing Business Act:

“Labor leasing is the transfer of labor between employers in the same economic sector to avoid the need for short-term employment or to avoid dismissal, if the collective labor agreement is valid for both the transferor and the transferee; the transfer of labor between enterprises of a group, if the employee is temporarily not working for his employer or the transfer of labor abroad if the hired employee is sent to work in a joint venture established on the basis of an agreement between Germany and another country in which the employer participates in this joint venture” (Clause 3, Article 1)

This definition has generally stated the content of labor leasing activities as the transfer of labor between employers, at the same time, limiting the scope and purpose of this activity. With the aim of avoiding dismissal or signing short-term contracts with employees, the scope of labor leasing activities (labor transfer) only applies to employers in the same economic sector or the same joint venture.

However, the German Labor Leasing Business Act provides for exceptions where, although there is a transfer of labor, it is not considered a CTLLĐ, including:

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(i) The case of sending workers to a joint venture to build a factory is not considered labor leasing if the employer is a member of that joint venture and the collective contract of an economic sector is valid for all members of the joint venture and on the basis of the cooperation contract, all members of the joint venture are obliged to personally perform the contractual obligations;

(ii) For an employer who does not have a place of business in another country that is a member of the European Economic Area, the assignment of employees to a joint venture of a joint venture to build a factory is not considered as labor leasing, if the collective contract of the corresponding economic sector in Germany is not valid for that employer and for other members of the joint venture;

(iii) In cases where the employer transfers the employee to another person for use and does not bear the usual obligations of the employer and does not assume the risks of the employer, it is assumed that the labor transferor acts as a labor broker. However, this is a characteristic that helps us distinguish the labor transfer activity from other labor supply activities such as labor brokerage (Article 1).

According to German law, the construction industry is subject to certain restrictions. Accordingly, it is not allowed to hire commercial workers in construction enterprises to perform the work that the workers normally do. This hiring is only allowed in 03 cases:

(i) between construction enterprises and other enterprises if these enterprises specify this in a collective labor agreement declared to have general binding force;

(ii) between enterprises in the construction industry if the leasing enterprise proves that for at least 03 years these enterprises have been bound by common framework collective labor agreements and social classes of the same type;

(iii) for enterprises in the construction industry with their place of business in another member state of the European Economic Area, the leasing of labour for a commercial purpose is also permitted if these foreign enterprises are not subject to the regulation of collective labour agreements.

framework and social class collective agreements or not declaring these agreements to be of general application if they prove that for the past 3 years the enterprise has mainly carried out activities within the scope of application of the framework and social class collective labor agreements to which the employer is the subject of application of those agreements.

Thus, it can be seen that in Germany, labor cooperation between employers is only conducted within the same economic sector, between enterprises of the same corporation or the same joint venture, except for some exceptional cases. This further confirms that in Germany, labor cooperation is a business sector limited to a certain scope of industry and work.

In Japan, according to the Labor Dispatch Law enacted in 1985, jobs for dispatched workers were limited to a certain scope. Accordingly, dispatched workers were only allowed to participate in 13 industries. In December 1986, 03 other industries were added, bringing the total number of industries that workers were allowed to participate in to 16. In December 1996, the industries that were allowed to use dispatched workers were increased to 26 industries, focusing on a number of industries that used a lot of labor, supporting jobs such as: Production/production of television programs; production of office equipment; Interpretation/translation/shorthand; Secretary; Market research; Tour guide; Building cleaning; Operation/inspection/repair of construction machinery; Reception/building guide... [29, p.33]. In 2004, the Law continued to allow the dispatch of workers in the manufacturing industry.

Thus, while German law limits the scope of activities and opens up the industries and jobs permitted for labor dispatch by providing exceptions, Japanese law has narrowed down the industries and jobs permitted for labor dispatch by listing 26 specific industries. This helps the parties in the labor dispatch relationship in Japan to see more clearly.

Scope of occupations and jobs permitted to dispatch labor according to law.

Regarding the industries and fields that are allowed to dispatch workers, Chinese law also has its own regulations. While Japanese law stipulates the industries that are allowed to dispatch workers in the Labor Dispatch Law, Chinese law only defines the guiding criteria for identifying jobs that are allowed to dispatch workers. The Labor Contract Law of the People's Republic of China stipulates:

“Dispatched workers are used for temporary, auxiliary or replacement work. Specific job positions will be regulated by the State labor management agency” (Article 66)

According to the explanation of the National Assembly Standing Committee, “temporary” means the job term does not last 06 months, “support” means the job position using leased labor is not a central part of the using enterprise, “replacement” means the job position is of a long-term or direct employee who is absent. This interpretation is not mandatory but only directional. However, with this identification regulation, State management agencies have the basis to specify and expand the occupations that are allowed to dispatch labor in practice.

Thus, China has limited the occupations that are allowed to dispatch workers in the Law on Labor Contracts, while Vietnamese law does not define the criteria for identifying jobs and occupations that are allowed to dispatch workers in the 2012 Labor Code, but assigns the Government to determine the list of jobs. Jobs that are allowed to dispatch workers have been specified in Decree No. 55/2013/ND-CP [11]. Accordingly, there are 17 jobs and groups of jobs that are allowed to dispatch workers, including:

1. Interpretation/ Translation/ Shorthand;

2. Secretary/Administrative Assistant;

3. Reception;

4. Tour guide;

5. Sales support;

6. Project support;

7. Programming of production machine systems;

8. Manufacturing and installation of television and telecommunications equipment;

9. Operate/check/repair construction machinery and production electrical systems;

10. Cleaning buildings and factories;

11. Document editing;

12. Bodyguard/Protector;

13. Marketing/Customer care via phone;

14. Handling financial and tax issues;

15. Repair/Inspect vehicle operation;

16. Scanning, drawing industrial engineering/Interior decoration;

17. Driving.

Thus, like Japan, Vietnamese law also recognizes groups of jobs and occupations that are allowed to engage in forced labor in a listed manner, focusing mainly on groups of jobs that support the manufacturing and service industries (manufacturing and installing television and telecommunications equipment; sales support; project support...), mainly jobs that use unskilled labor (bodyguards/security guards; drivers; building cleaners...). Since September 15, 2014, enterprises that both operate in production and business and have the task of contributing to ensuring security, national defense, and protecting national sovereignty (according to the restructuring plan approved by the Prime Minister) are also allowed to engage in forced labor with jobs in the List of arduous, toxic, dangerous, and especially arduous, toxic, dangerous occupations and jobs issued by the Ministry of Labor, Invalids and Social Affairs. This is the main content stipulated in Decree No. 73/2014/ND-CP amending and supplementing

Supplementing Article 29 of Decree No. 55/2013/ND-CP dated May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing of labor unions, deposit and list of jobs performed by labor unions. [13]

It can be said that in terms of the number of occupations and jobs permitted for labor outsourcing in Vietnam, it is still quite narrow and more limited than in Japan, Germany or China. In terms of the nature of the work and occupations permitted for labor outsourcing, it seems that in Vietnam, the classification and regulation of jobs and groups of jobs permitted for labor outsourcing have not really been accurate and in line with market demand. In fact, labor outsourcing activities in Vietnam in recent times have mainly focused on jobs such as: export processing, construction, textiles, domestic help, loading and unloading workers, delivery, restaurant service, babysitting, elderly care... especially in large construction projects, the demand for labor outsourcing from contractors is quite high. However, these jobs are not included in the list of jobs permitted for labor outsourcing. The discrepancy between regulations and labor outsourcing practices has led to many violations of the law by entities in labor outsourcing activities.

If we consider the needs of enterprises, enterprises always want to expand the list of jobs allowed for outsourcing for many different purposes. However, considering the needs of State management, the level of safety for society (in this case, the safety for the parties in the labor outsourcing relationship and the general safety for society) is an issue that needs to be taken seriously. Vietnam has no experience in adjusting the law in this field, social psychology is not really in agreement, the awareness of all relevant parties is not really good, so expanding the scope of the list of jobs allowed for outsourcing needs to be considered very carefully. However, this does not mean that we do not adjust the list of occupations and jobs allowed for outsourcing during the implementation process. In Clause 3, Article 25 of Decree

Decree No. 55/2013/ND-CP The Government has also assigned the Ministry of Labor, Invalids and Social Affairs to preside over and coordinate with relevant agencies to review and submit to the Prime Minister for adjustment of the list of jobs permitted for CTLLĐ when necessary. Therefore, expanding the list of jobs permitted for CTLLĐ is entirely possible.

In addition to regulating the list of jobs permitted for outsourcing, Vietnamese labor law also binds outsourcing businesses in certain cases to ensure the rights of employees as well as the hiring party. Although within the scope of jobs permitted for outsourcing, businesses with hired labor are not allowed to outsource in the following cases:

(i) The enterprise is involved in a labor dispute or strike, or is replacing an employee who is exercising the right to strike or resolve a labor dispute;

(ii) The leasing enterprise does not have a specific agreement on the responsibility for compensation for work-related accidents and occupational diseases of the leased employees with the labor lessee;

(iii) Replacing employees who are laid off due to changes in structure, technology, or merger, consolidation, division, separation of enterprises, or for economic reasons;

(iv) Leasing labor to do jobs in places with harsh living conditions according to the list issued by the Minister of Labor, War Invalids and Social Affairs and the Minister of Health, except in cases where the laborer has lived in the above area for 3 years or more; the labor CTLLĐ job is in the List of arduous, toxic, dangerous and especially arduous, toxic, dangerous occupations and jobs issued by the Minister of Labor, War Invalids and Social Affairs.

Thus, although the occupations and jobs of CTLLĐ under Vietnamese law are fewer and narrower than those of other countries, the specific listing of jobs and groups of jobs

As it is now, it helps enterprises of labor leasing, enterprises of labor leasing and labor leasing employees to easily recognize, especially, limiting cases where labor leasing is not allowed to be implemented to better ensure the rights and legitimate interests of employees as well as State management in this activity. In fact, the law needs to be adjusted appropriately to meet the needs of the labor leasing market.

Through the above analysis, it can be seen that although the laws of all countries limit the number of occupations and jobs allowed for CTLLĐ, each country has a different way of recording the number and nature of occupations and jobs allowed for CTLLĐ:

German law limits the scope of activities and opens up the industries and jobs permitted for collective bargaining by making exceptions in certain specific areas such as the construction industry. Collective bargaining between employers can only be carried out within the same economic sector, between enterprises of the same group or the same joint venture, with some exceptions.

In Japan, Japanese law stipulates a fairly detailed and complete list of occupations and jobs that are allowed to dispatch workers, focusing on some labor-intensive industries, support jobs, etc., bringing the total number of occupations and jobs that are allowed to dispatch workers to 26.

Unlike Germany and Japan, Chinese law only defines the guiding criteria for identifying jobs that are allowed to dispatch workers, dispatched workers are used for temporary, auxiliary or replacement jobs. Accordingly , "temporary" means the job term does not last 06 months, "support" means the job position using leased labor is not a central part of the using enterprise, "replacement" means the job position is of a long-term or direct employee who is absent.

In Vietnam, Vietnamese law does not specify criteria for identifying jobs and occupations that are performed by CTLLĐ in the 2012 Labor Code, but assigns

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