Transferring employees to do a job other than the labor contract means changing the employee's normal rights and working conditions. Therefore, to ensure compliance with current legal regulations, employers should pay special attention to the following points if there is a need to change the employee's job position:
FIRSTLY, PERMITTED TRANSFER TIME
The employer is allowed to temporarily assign a worker to perform work that is not specified in the employment contract for no more than 60 cumulative working days within one year.
Assignments exceeding 60 cumulative working days per year shall only be made with the written agreement of the worker.
NOTE: Violating the above time limit or working without the employee's written consent, the employer may be fined from VND 3,000,000 to VND 7,000,000 (Article d, Clause 2, Article 11 of Decree 12/2022/ND-CP).
SECONDLY, PAYING IN THE TRANSFER TIME
A worker performing work that is not stipulated in the employment contract is entitled to receive the wage for the new work. The wage for the new work must be at least 85% of the previous wage and not less than the minimum wage.
If the wage for the new work is lower than the wage of the previous work, the worker is entitled to receive the wage of the previous work for a period of up to 30 working days.
NOTE: At the end of 60 days in a year of working at the transferred job position, if the employee does not agree to continue this job, leading to the suspension of work, the employer must pay the stoppage salary. The salary for termination of work shall be agreed upon by the two parties, but the wage during the first 14 days of the work suspension must not be lower than the minimum wage.
EZ TOURISM AND INVESTMENT CONSULTING COMPANY LIMITED
Address: No. 42, 26 Nguyen Hong, Lang Ha Ward, Dong Da District, Hanoi City, Vietnam
Phone: 0869 907 519 | 0867 439 725
Email: support@eztour.vn
Website: www.ez-consulting.com.vn/
