Do enterprises have the right to arbitrarily change employees' workplace in Vietnam?

Do enterprises have the right to arbitrarily change employees' workplace in Vietnam? If an enterprise changes its workplace arbitrarily, do employees have the right to terminate their labor contracts? 

Hello, I am working for a company in the field of furniture trading. Recently, the company arbitrarily changed my workplace to another store. I don't know if the company has this right or not? 

 

1. Do enterprises have the right to arbitrarily change employees' workplace in Vietnam?

Pursuant to Article 21 of the 2019 Labor Code, there are provisions on contents of employment contracts as follows:

1. An employment contract shall have the following major contents:

a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;

b) Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;

c) The job and workplace;

d) Duration of the employment contract;

dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;

e) Regimes for promotion and pay rise;

g) Working hours, rest periods;

h) Personal protective equipment for the employee;

i) Social insurance, health insurance and unemployment insurance;

k) Basic training and advanced training, occupational skill development.

2. If the employees’ job is directly related to the business secret, technological know-how as prescribed by law, the employer has the rights to sign a written agreement with the employee on the content and duration of the protection of the business secret, technology know-how, and on the benefit and the compensation obligation in case of violation by the employee.

3. If the employee works in agriculture, forestry, fishery, or salt production, both parties may exclude some of the aforementioned contents and negotiate additional agreements on settlement in the case when the contract execution is affected by natural disaster, fire or weather.

4. The contents of the employment contract with an employee who is recruited to work as the director of a state-invested enterprise shall be stipulated by the Government.

5. The Minister of Labor, War Invalids and Social Affairs elaborate Clauses 1, 2 and 3 of this Article.

In addition, Article 28 of the Labor Code 2019 also provides 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, the company you work for must arrange your work properly in the labor contract, in case your company want to move you to another workplace in Vietnam, it must have an agreement with you.

2. If an enterprise changes its workplace arbitrarily, do employees have the right to terminate their labor contracts? 

Pursuant to Article 35 of the 2019 Labor Code, there are provisions on the right of an employee to unilaterally terminates the employment contract as follows:

1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employee in advance:

a) at least 45 days in case of an indefinite-term employment contract;

b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;

d) The notice period in certain fields and jobs shall be specified by the government.

2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

d) is sexually harassed in the workplace;

dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.

According to this Article, if the company transfers you to work at another address in the labor contract without agreement with you, or in the labor contract without other provisions in Vietnam, you have the right to unilaterally terminate the contract without prior notice.

Best Regards!

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