Enterprises operating employment services must have a legal representative that meets what conditions?
According to Clause 1, Article 39 of the 2013 Employment Law, an employment service enterprise is an enterprise established and operating in accordance with the law on enterprises and must have a license to operate employment services issued by the agency. State management of employment at the provincial level.
Pursuant to Clause 3, Article 14 of Decree 23/2021/ND-CP, the legal representative of an enterprise providing employment services must meet the following conditions:
(1) Being an enterprise manager according to the provisions of the Enterprise Law.
(2) Does not fall into one of the following cases:
- Being prosecuted for criminal liability, detained, or serving a prison sentence.
- Currently serving administrative measures at compulsory detoxification facilities or compulsory educational establishments.
- Escape from place of residence.
- Limited or lost capacity for civil acts, difficulty in cognition and behavior control.
- Banned by the Court from holding a position, practicing a profession or doing work related to employment services;
(3) Have a university degree or higher or have directly worked as a professional or managed employment services or labor supply for 2 years (24 months) or more within the past 5 years. before the enterprise requests a license.
According to Article 14 of Decree 23/2021/ND-CP, to be granted a license to operate employment services, in addition to the legal representative conditions mentioned above, businesses must also meet the following conditions:
- Has a headquarters location or branch to organize employment service activities owned by the enterprise or stably leased by the enterprise under a contract of 3 years (36 months) or more.
- The enterprise has made a deposit of 300,000,000 VND (Three hundred million VND).