In Vietnam, which is the 2024 company introduction letter? How many days in advance must an employer inform an employee in case of reassignment of an employee against the employment contract?

In Vietnam, which is the 2024 company introduction letter?

You can refer to the form of the company introduction letter here.

How many days in advance must an employer inform an employee in case of reassignment of an employee against the employment contract?

According to Article 29 of the 2019 Labor Code regulating reassignment of an employee against the employment contract:

Reassignment of an employee against the employment contract

1. In the event of sudden difficulties such as natural disasters, fire, major epidemics, implementation of preventive and remedial measures for occupational accidents or diseases, electricity and water supply failures, or for reasons of business and production demands, the employer may temporarily assign an employee to perform a work which is not prescribed in the employment contract for an accumulated period of up to 60 working days within 01 year, unless otherwise agreed in writing by the employee.

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

2. In case of temporary reassignment of an employee specified in Clause 1 of this Article, the employer shall inform the employee at least 03 working days in advance, specify the reassignment period and only assign works that are suitable for the employee’s health and gender.

3. The reassigned employee will receive the salary of the new work. If the new salary is lower than the previous salary, the previous salary shall be maintained for 30 working days. The new salary shall be at least 85% of the previous salary and not smaller than the minimum wages.

4. In case the employee refuses to be reassigned for more than 60 working days in 01 year and has to suspend the employment, he/she shall receive the suspension pay from the employer in accordance with Article 99 of this Labor Code.

Thus, when the employer reassigns an employee against the employment contract, he or she must notify the employee at least 3 working days in advance.

However, if the employee does not agree to be reassigned for more than 60 working days in 01 year and has to suspend the employment, he/she shall receive the suspension pay from the employer.

In Vietnam, which is the 2024 company introduction letter? How many days in advance must an employer inform an employee in case of reassignment of an employee against the employment contract? (Image from the Internet)

In Vietnam, when does a written consent of the employee who is reassigned to perform a work against his/her employment contract require?

In Clause 1, Article 29 of the 2019 Labor Code, there are regulations on reassignment of an employee against the employment contract as follows:

Reassignment of an employee against the employment contract

1. In the event of sudden difficulties such as natural disasters, fire, major epidemics, implementation of preventive and remedial measures for occupational accidents or diseases, electricity and water supply failures, or for reasons of business and production demands, the employer may temporarily assign an employee to perform a work which is not prescribed in the employment contract for an accumulated period of up to 60 working days within 01 year, unless otherwise agreed in writing by the employee.

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

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Thus, in case of reassignment of an employee against the employment contract for an accumulated period of up to 60 working days within 01 year, the employee's written consent is required.

Best regards!