Can a company arbitrarily change an employee's job location in Vietnam? How much is penalty for placing employees in jobs at places other than the ones agreed in employment contracts in Vietnam?

Can a company arbitrarily change an employee's job location in Vietnam?

At Point c, Clause 1, Article 21 of the 2019 Labor Code, it is stipulated that contents of employment contracts:

c) The job and workplace;

According to Point b, Clause 3, Article 3, Circular 10/2020/TT-BLDTBXH stipulates work and work location as follows:

b) Workplace: location and scope that the employee will perform the job as agreed; if the employee perform the job on a regular basis in varied locations, specify them.

Pursuant to Article 28 of the 2019 Labor Code, it stipulates performance of works under an employment contract as follows:

The works under an employment contract shall be performed by the employee who directly enters into the contract. The workplace shall be consistent with that indicated in the employment contract, unless otherwise agreed upon by both parties.

Thus, according to the above regulations in Vietnam, the employee's workplace must be clearly stated in the employment contract. In cases where the employee has many different workplaces, those locations must be fully recorded in the contract.

The employee's workplace must match the address stated in the contract unless otherwise agreed between the parties. The company can change your workplace if there is an agreement between you and the company. If the company arbitrarily changes your workplace without any agreement, your company is violating the law in Vietnam. 

Can a company arbitrarily change an employee's job location in Vietnam? How much is penalty for placing employees in jobs at places other than the ones agreed in employment contracts in Vietnam? (Image from the Internet)

How much is penalty for placing employees in jobs at places other than the ones agreed in employment contracts in Vietnam? 

In Clause 2 and Clause 5, Article 11 of Decree 12/2022/ND-CP stipulates violations against regulations on performance of employment contracts as follows:

2. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Placing employees in jobs at places other than the ones agreed in employment contracts, except for the cases specified in Article 29 in the Labour Code;

b) Failing to reinstate the employee who returns to work after the suspension period of the employment contract if it is still unexpired, unless otherwise agreed by the employer and the employee or prescribed by law;

c) Reassigning employees to perform works which are not specified in their employment contracts for improper reasons or for incorrect periods, or without written consent from employees as prescribed by law.

5. Remedial measures

a) The employer that commits the violation specified in Point a Clause 2 of this Article is compelled to place employees in jobs at places agreed in employment contracts;

b) The employer that commits the violation specified in Point b Clause 2 of this Article is compelled to reinstate the employee who returns to work after the suspension period of the employment contract, unless otherwise agreed by both parties or prescribed by law, and pay salary to the employee for the period during which the employee was not allowed to work after the suspension period of the employment contract;

c) The employer that commits the violation specified in Point c Clause 2 of this Article is compelled to assign employees to perform works agreed in their employment contracts.

According to Clause 1, Article 6, Decree 12/2022/ND-CP stipulates the fine level:

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

Therefore, according to the above regulations in Vietnam, if the company arbitrarily changes your workplace, the company will be fined from 6,000,000 VND to 14,000,000 VND. In addition, the company must arrange for you to return to work at your old job as stated in the employment contract.

Best regards!