To address production or business needs, or in cases of unexpected events like disasters, fires, or dangerous epidemics, employers in Vietnam may temporarily assign employees to tasks other than those stated in their labor contracts.

Inside the toy manufacturing plant of Innoflow NT Co. Ltd., Du Long industrial park, Ninh Thuan province – Photo: VNA

Scenario:
I’m a foreigner working for a Vietnamese company at its Hanoi head office. Recently, my boss asked me to temporarily fill a vacant position at our Bac Ninh branch. I am reluctant to take this role but do not intend to resign. Can my employer require this transfer? If so, what happens to my benefits during this period?

1. Job Assignments Beyond Signed Contracts
Article 28 of the 2019 Labor Code of Vietnam states:

  • Employees must perform the job and work at the location stipulated in their labor contracts unless otherwise agreed by both parties.

Article 29.1 of the Code further allows temporary assignment to different roles under specific conditions:

  • Assignments must be limited to a cumulative 60 working days per year.
  • Assignments exceeding this limit require the employee’s written consent.
  • Temporary assignments must align with the company’s internal regulations.

Additionally:

  • Employers must notify employees at least three working days in advance, specifying the assignment duration.
  • Assigned tasks must match the employee’s health and gender.

If the transfer involves a new workplace, both parties must sign a contract annex or a new contract (Article 33).

In your case, your employer can transfer you to Bac Ninh for up to 60 working days without requiring written consent. Beyond this, your agreement is mandatory.

2. Refusing the Assignment
You can refuse the assignment if it is unsuitable for your health or gender.

3. Salary During the Temporary Assignment
According to Article 29.3:

  • Your wage depends on the new job’s pay scale.
  • If the new wage is lower than your current one, you will retain your current wage for 30 days. Afterward, your wage must be at least 85% of your current wage and no less than the minimum wage.

4. Post-Transfer Benefits
If you stay longer than planned and your original position becomes unavailable, you may stop working until your position is restored. In this case, under Article 29.4, your suspension pay depends on the situation:

  • Full pay if the employer is at fault.
  • No pay if the suspension is your fault.
  • A mutually agreed amount, not less than the minimum wage, for reasons like disasters or economic difficulties.

5. Unilateral Termination of Contract
If you reject the assignment, you may terminate your labor contract by providing notice as follows (Article 35.1):

  • 45 days for indefinite-term contracts.
  • 30 days for fixed-term contracts of 12–36 months.
  • 3 working days for contracts under 12 months.

During the notice period, you must continue working and adhere to company policies.

6. Employer Penalties for Unauthorized Transfers
As per Article 11.2 of Decree 12/2022/ND-CP:

  • Individual employers face fines of VND 3–7 million for unauthorized transfers.
  • Companies face double the fine.

However, employers are exempt from penalties for transfers due to sudden difficulties, disaster response, or other legitimate needs.

Employers must still provide three days’ notice and ensure assignments do not exceed 60 working days without written consent.

In conclusion, while your employer has the legal right to assign you to Bac Ninh for up to 60 working days, they must adhere to regulations ensuring fairness and your agreement for any extensions.

The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!

Compiler: Nguyen Anh Quan