Vietnam: Is it permissible to unilaterally change the workplace of an employee contrary to the employment contract? What are the penalties for unilaterally changing an employee's workplace?
Regulations on the workplace in a employment contract in Vietnam
Pursuant to Clause 1, Article 21 of the Labor Code 2019, the content of a employment contract is regulated as follows:
Content of the employment contract
1. A employment contract must include the following main contents:
a) Name and address of the employer and full name, title of the person concluding the employment contract on behalf of the employer;
b) Full name, date of birth, gender, place of residence, ID card number, citizen identification number, or passport number of the person concluding the employment contract on behalf of the employee;
c) Job and workplace;
d) Duration of the employment contract;
đ) Salary according to job or title, method of payment, pay period, allowances, and other additional amounts;
e) Promotion, pay raise regime;
g) Working time, rest time;
h) Labor protection equipment for the employee;
i) Social insurance, health insurance, and unemployment insurance;
k) Training, fostering, improving professional skills.
According to Clause 3, Article 3 of Circular 10/2020/TT-BLĐTBXH stipulating the main contents of a employment contract as follows:
Main contents of the employment contract
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3. Job and workplace are specified as follows:
a) Job: the tasks that the employee must perform;
b) Workplace: the place, scope where the employee performs the work as agreed; if the employee's work is regularly performed at multiple locations, all those locations must be specified.
Thus, according to the regulations, the content of the employment contract must include the workplace of the employee.
At the same time, Article 28 of the Labor Code 2019 stipulates the performance of work according to the employment contract as follows:
Performance of work according to the employment contract
The work under the employment contract must be performed by the employee who has concluded the contract. The workplace will be realized according to the employment contract, unless otherwise agreed by both parties.
Thus, after signing the employment contract, the workplace will be implemented according to the employment contract.
Vietnam: Is it permissible to unilaterally change the workplace of an employee contrary to the employment contract? What are the penalties for unilaterally changing an employee's workplace? (Image from the Internet)
Is it permissible to unilaterallychange the workplace of the employee different from the employment contract in Vietnam?
According to Article 29 of the Labor Code 2019 stipulating the reassignment of an employee to a different job than the one in the employment contract as follows:
Reassignment of an Employee to a Different Job than the One in the employment contract
1. When encountering unexpected difficulties due to natural disasters, fires, dangerous epidemics, measures to prevent and remedy labor accidents, occupational diseases, electrical, water incidents, or due to production and business needs, the employer has the right to temporarily reassign the employee to a different job than the one in the employment contract but not for more than 60 cumulative working days in 01 year; the reassignment of the work for more than 60 cumulative working days in 01 year is only possible with the written consent of the employee.
The employer specifies in the labor regulations the cases due to production and business needs where the employer is allowed to temporarily reassign the employee to a different job than the one in the employment contract.
Thus, according to the regulation, in the event of unexpected difficulties due to natural disasters, fires, dangerous epidemics, measures to prevent and remedy labor accidents, occupational diseases, electrical, water incidents, or due to production and business needs, the employer has the right to temporarily reassign the employee to a different job than the one in the employment contract. The time for reassignment shall not exceed 60 cumulative working days in 01 year.
Will the unilateral change of the employee's workplace incur administrative penalties?
According to Clause 2, Article 11 of Decree 12/2022/ND-CP on violations of the regulations on the performance of employment contracts as follows:
Violations of the regulations on the performance of employment contracts
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2. A fine of VND 3,000,000 to VND 7,000,000 shall be imposed on the employer who commits one of the following acts:
a) Assigning the employee to work at a different location than the one agreed upon in the employment contract, except as specified in Article 29 of the Labor Code;
b) Not reinstating the employee to work after the expiration of the period of temporary suspension of the employment contract if the employment contract is still valid, unless otherwise agreed by the employer and the employee or provided for by law;
c) Reassigning the employee to a different job than the one in the employment contract for an improper reason; tenure or without the written consent of the employee as prescribed by law.
Thus, according to the regulations, the employer assigning the employee to work at a different location than the one agreed upon in the employment contract, except as prescribed in Article 29 of the Labor Code 2019, can be subject to administrative penalties up to VND 7,000,000.
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