Mistakes to Avoid in Temporary Job Reassignment

What is Temporary Job Reassignment According to the Vietnam Labor Code?

Temporary job reassignment refers to the practice of assigning an employee to perform different tasks than those specified in their labor contract. This is allowed under specific circumstances as outlined in the 2019 Labor Code of Vietnam.

When to Apply Temporary Job Reassignment

Employers can apply temporary job reassignment under the following conditions:

• Unexpected difficulties such as natural disasters, fires, or dangerous epidemics.
• Preventative measures for workplace accidents, occupational diseases, or electrical and water incidents.
• Production and business needs, provided these scenarios are clearly defined in the company’s internal labor regulations.

Mistakes to Avoid

1. Exceeding Allowed Duration Without Consent: Avoid reassigning employees to different tasks for more than 60 cumulative working days within a year without obtaining their written consent. Exceeding this duration without consent is a violation of the Labor Code.
2. Lack of Clear Internal Regulations: Ensure your company’s internal labor regulations clearly specify the scenarios for temporary job reassignment due to production and business needs. Vague or missing regulations can lead to compliance issues.
3. Insufficient Notification: Do not fail to notify employees at least 3 working days in advance of the temporary reassignment. Failing to provide adequate notice can result in legal repercussions.
4. Improper Wage Adjustment: Ensure that during the temporary reassignment, the new job’s wage is correctly adjusted. If the new wage is lower, maintain the original wage for 30 working days, and ensure the new wage is at least 85% of the original and not below the minimum wage.
5. Ignoring Employee Refusals: Respect employees' rights to refuse temporary reassignment exceeding 60 cumulative days within a year. If an employee refuses and must stop working, the employer must pay stoppage wages according to Article 99 of the Labor Code.

Ask Ecovis:

To ensure full compliance with labor laws and avoid these common mistakes in temporary job reassignments, contact Ecovis Vietnam Law Firm for expert advice and support at: [email protected] / hotline: (+84) 0898 120 121