Signing a Protection Contract but the Company Transfers to Manual Labor: Is It Permissible?

Based on Clause 1, Article 29 of the 2019 Labor Code, provisions on transferring employees to different jobs compared to their labor contracts are as follows:

- In cases of unforeseen difficulties due to natural disasters, fires, dangerous epidemics, the application of preventive and remedial measures for labor accidents, occupational diseases, electrical or water incidents, or production and business needs, the employer has the right to temporarily transfer employees to different jobs compared to their labor contracts, but not for more than 60 cumulative working days in a year; in case of transferring employees to different jobs compared to their labor contracts for more than 60 cumulative working days in a year, it may only be done with the written consent of the employees.

- The employer shall specify in the labor regulations the cases in which production and business needs allow the employer to temporarily transfer employees to different jobs compared to their labor contracts.

Thus, according to the above regulation, in cases of production and business needs, the employer has the right to temporarily transfer employees to different jobs compared to their labor contracts. However, this must be specified in the labor regulations and must not exceed 60 days in a year.

In your case, the company's transfer of you from a security guard to loading and unloading is lawful if the company's internal regulations state this and the company transfers you to loading and unloading for not more than 60 cumulative days in a year.

Respectfully!