Transferring Employees to Other Long-Term Work: Is Prior Notice Required?
Article 29 of the 2019 Labor Code (effective from January 1, 2021) stipulates as follows:
- In cases of unforeseen difficulties caused by natural disasters, fires, dangerous epidemics, the application of measures to prevent and remedy labor accidents, occupational diseases, electrical and water incidents, or production and business needs, the employer has the right to temporarily transfer the employee to perform work different from the labor contract but not exceeding 60 accumulated working days in one year. If an employee is transferred to perform work different from the labor contract for more than 60 accumulated working days in one year, it can only be done with the written consent of the employee.
The employer shall specifically stipulate in the labor regulations the cases due to production and business needs that allow the employer to temporarily transfer the employee to perform work different from the labor contract.
When temporarily transferring an employee to perform work different from the labor contract as stipulated in Clause 1 of this Article, the employer must notify the employee at least 03 working days in advance, clearly state the temporary work duration, and assign work suitable to the employee's health and gender.
The employee transferred to perform work different from the labor contract shall be paid according to the new job. If the new job's salary is lower than the previous job's salary, the previous job's salary shall be maintained for 30 working days. The salary for the new job must be at least 85% of the previous job's salary but not lower than the minimum wage.
An employee who does not agree to temporarily perform work different from the labor contract for more than 60 accumulated working days in one year and has to stop working shall be paid a stoppage wage according to Article 99 of this Code.
Thus, in such cases, the company is allowed to transfer the employee to perform work different from the labor contract with at least a 3-day prior notice.
For long-term transfers, it will be based on mutual agreement between the parties, and the law does not clearly stipulate this issue.
Respectfully!
