When a labor contract is established between the employer and the employee, the job to be performed is stipulated in the terms of the contract. However, in certain circumstances, the employer may wish to reassign the employee to perform work different from that specified in the labor contract. Thus, how does the law regulate the reassignment of employees to jobs other than those agreed upon in the labor contract? The following legal information is provided by Viet An Law to answer reassigning employees to alternative position of labor contract in Vietnam.
What is a labor contract?
A labor contract is an agreement between an employee and an employer regarding paid work, wages, working conditions, and the rights and obligations of each party in the employment relationship.
In cases where the parties agree under a different title but the content reflects paid work, wages, and the management, direction, and supervision of one party, it shall still be considered a labor contract.
Authority to conclude labor contracts in Vietnam
- According to Clause 3, Article 18 of the 2019 Labor Code, the person authorized to conclude labor contracts on behalf of the employer falls into one of the following categories:
- The legal representative of the enterprise or a person authorized in accordance with the law;
- The head of an agency or organization with legal status, or a person authorized in accordance with the law;
- The representative of a household, cooperative group, or other organization without legal status, or a person authorized in accordance with the law;
- An individual who directly employs workers.
- According to Clause 4, Article 18 of the 2019 Labor Code, the person authorized to conclude labor contracts on behalf of the employee falls into one of the following categories:
- The employee who is 18 years old or older;
- The employee from full 15 years of age to under 18 years of age with written consent from his/her legal representative;
- The person under 15 years of age and his/her legal representative;
- A representative authorized by group employees to legally conclude the labor contract.
Reassigning Employees to Alternative Position of Labor Contract in Vietnam
According to Clause 1, Article 29 of the 2019 Labor Code, an employee may only be reassigned to perform work different from that specified in the labor contract in the following cases:
- In case of unexpected difficulties caused by natural disasters, fires, or dangerous epidemics;
- In case of unexpected difficulties arising from the implementation of measures to prevent and remedy occupational accidents, occupational diseases, or incidents related to electricity or water supply;
- Due to production and business demands.
Time Limits for Reassigning Employees to Different Positions in Vietnam
When temporarily reassigning an employee to perform work different from that specified in the employment contract, the employer must notify the employee at least 03 working days in advance, clearly stating the duration of the temporary reassignment and arranging a job that is suitable for the employee’s health and gender.
At the same time, the reassignment to other work may only be carried out within the following time frame:
- The reassignment shall not exceed a cumulative total of 60 working days within one calendar year;
- In cases where the reassignment to work other than that specified in the employment contract exceeds 60 working days within one calendar year, it shall only be carried out with the employee’s written consent.
Wage Regulations When Reassigning Employees to New Positions
- Employees who are reassigned to perform work different from that specified in the employment contract shall be paid according to the new job.
- If the wage for the new job is lower than that of the previous job, the employee shall retain the previous wage for a period of 30 working days.
- The wage for the new job must be at least 85% of the wage of the previous job but not lower than the minimum wage.
- If the employee does not agree to temporarily perform work different from that specified in the employment contract for more than 60 cumulative working days within one calendar year and therefore must stop working, the employer shall pay the employee wages for the period of work stoppage.
Penalties for Improper Reassignment of Employees in Vietnam
Pursuant to Article 11 of Decree No. 12/2022/ND-CP, employers who violate regulations regarding the implementation of labor contracts shall be subject to the following sanctions:
- A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on employers who temporarily reassign employees to work different from that specified in the employment contract but fail to notify the employee at least 03 working days in advance, or fail to notify, or notify without clearly stating the duration of the temporary reassignment, or assign work that is unsuitable for the employee’s health or gender.
- A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed on employers who reassign employees to work different from that specified in the employment contract without valid reasons, exceeding the permitted duration, or without the employee’s written consent as prescribed by law.
- Remedial Measures
- Employers shall be obliged to arrange for employees to work at the location agreed upon in the labor contract;
- Employers shall be obliged to assign employees to the work specified in the labor contract.
Handling Unauthorized Absence During Employee Reassignment in Vietnam
In cases where employees unauthorizedly abandon work for 5 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of unauthorized absence without legitimate reasons, the employer shall apply dismissal disciplinary measures.
Legitimate reasons include natural disasters, fires, illness of the employee or their relatives with confirmation from competent medical facilities, and other cases stipulated in the company’s labor regulations.
If you have any questions regarding regulations on reassigning employees to reassigning employees to alternative position of labor contract in Vietnam, please contact Viet An Law for the most comprehensive advice and support.
