Reassignment Of An Employee Against The Employment Contract

Employers and employees are obliged to strictly comply with the contents committed in the labor contract. However, to promptly remove difficulties or to solve urgent needs in production and business, the current law allows employers to temporarily assign an employee to perform work that is not prescribed in the employment contract in some special cases.

EMPLOYERS ARE ALLOWED TO TRANSFER THEIR EMPLOYEES IN THE FOLLOWING CASES:

Employers may only transfer employees to another position if they fall into one of the following cases:

• Natural disaster;

• Fire;

• Major epidemics;

• Implementation of preventive and remedial measures for occupational accidents or diseases;

• Electricity and water failures;

• Production and business needs - must be specified in the labor regulations.

The employer shall specify in the internal labour regulations the cases in which the employer may temporarily reassign employees against the employment contracts.

It can be seen that the above cases are all force majeure, unpredictable events. Therefore, it is possible to both best ensure the legitimate rights and interests of the employer as well as support the employer to continue operating the business, the law allows the enterprise to change the position of the employees. 

NOTICE OF REASSIGNMENT OF AN EMPLOYEE AGAINST THE EMPLOYMENT CONTRACT

When there is a need to transfer an employee to another position, the employer must notify the employee at least 03 working days in advance.

The employer should inform the employee about:

• The temporary employment period of employees;

• Employers must arrange jobs suitable to the health and gender of employees.

Note:

1. Employers employing 10 or more employees must register their labor regulations at the specialized labor agency of the People's Committee of the province where their business is registered.

2. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on the employer that temporarily transfers the employee to a job that is not prescribed in the employment contract but fails to (i) notify the employee before 03 working days. or (ii) fail to notify or notify unclearly the duration of temporary work or (iii) arrange jobs that are not suitable for the employee's health and gender (Provisions in Clause 1, Article 11 of Decree No. 12/2022/ND-CP providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract)