According to the law in Vietnam, is it necessary to have permission from employees when reassigning their works?

According to the law in Vietnam, is it necessary to have permission from employees when reassigning their works?

I have a question. According to the law in Vietnam, is it necessary to have permission from employees when reassigning their works? 

Answer:

Pursuant to Article 29 of the Labor Code in 2019 stipulating reassignment of an employee against the employment contract as follows:

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 temporary reassign employees against the employment contracts.

2. In case of temporarily 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.

As regulations above, the employer may temporarily assign an employee to perform a work which is not prescribed in the employment contract. The reassigment must not last over 60 days. In case the time limit is exceed, the reassignment must be agreed in writing by the employee.

What are obligations of the employer in case of transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative in Vietnam?

According to the law in Vietnam, what are obligations of the employer in case of transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative in Vietnam? Thank you!

Answer:

Pursuant to Article 43 of the Labor Code in 2019 stipulating obligations of the employer in case of full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative as follows:

1. In case the full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative affects the employment of a large number of employees, the employer shall develop a labor utilization plan as prescribed in Article 44 of this Labor Code.

2. The current employer and the next employer shall implement the adopted labour utilization plan.

3. The laid off employees will receive redundancy allowances in accordance with Article 47 of this Code.

According to the law in Vietnam, is it necessary to include in the assigment period when reassigning employees' works? 

Is it against the law when reassigning employees' works without informing them about the assigment period? Is there any discipline imposed on employees if they deny to carry out the reassigmnet in the case above?

Answer:

Pursuant to Clause 1 Article 29 of the Labor Code in 2019 stipulating as follows:

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 temporary reassign employees against the employment contracts.

Pursuant to Clause 2 Article 29 of the Labor Code in 2019 stipulating as follows:

In case of temporarily 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.

As regulations above, in case of temporarily 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. The methods of notification can be by a decision, a notification or any other methods decided by the employer.

Therefore, in your case, you company has the right to reassign employees' works. However, the company didn't notify in the reassigment period to the employees. By that reason, the company has no right to hand out discipline on the employees.

Best regards!