During the current complex COVID-19 pandemic, many companies are facing difficulties both financially and in terms of personnel. A reader has sent a question to Legal Secretary inquiring whether their company, which is currently going through a difficult period, has the right to transfer them to a different job position.
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Covid-19 Pandemic: Does the company have the right to transfer employees to another job? (Illustration)
The Editorial Board of THU KY LUAT explains this matter as follows:
According to the provisions in Official Dispatch 1064/LDTBXH-QHLDL on the payment of wages for employees suspending work due to Covid-19:
3. In cases where the enterprise is facing difficulties in raw materials supply, market leading to insufficient job arrangements, the employer may temporarily transfer employees to perform other jobs than the labor contract as prescribed in Article 31 of the Labor Code; if the suspension period is prolonged, affecting the enterprise's ability to pay, the employer and the employee may agree to temporarily suspend the performance of the labor contract as prescribed in Article 32 of the Labor Code; if the enterprise has to downsize production, leading to job reductions, it shall arrange labor as prescribed in Article 38 or 44 of the Labor Code.
Referring to Article 31 of the Labor Code 2012:
Article 31. Transfer of employees to perform other jobs than the labor contract
1. In case of sudden difficulties caused by natural disasters, fire, epidemic, implementation of measures to prevent and overcome labor accidents, occupational diseases, electrical or water system incidents, or due to production and business needs, the employer is entitled to temporarily transfer employees to perform other jobs than in the labor contract, but not exceeding 60 aggregate working days in a year, unless otherwise agreed by the employee.
Accordingly, in the complicated situation of Covid-19, enterprises have the right to transfer and arrange employees to perform other jobs than those specified in the labor contract. However, this transfer must comply with current legal regulations, for instance:
- When temporarily transferring employees to perform other jobs than those specified in the labor contract, the employer must notify the employee at least 03 working days in advance, clearly state the temporary duration, and arrange suitable work according to the health and gender of the employee.
- Employees will be paid according to the new job; if the wage of the new job is lower than that of the old job, the old wage must be maintained for 30 working days. The new job's wage must be at least 85% of the old wage but not lower than the regional minimum wage prescribed by the Government of Vietnam.
- Employers who have temporarily transferred employees to other jobs than those specified in the labor contract for a cumulative 60 working days in a year, if continuing to transfer employees, must get written consent from the employees.
- Employees who do not agree to temporarily perform other jobs than the labor contract and have to stop working are entitled to be paid idle wages as prescribed in Clause 1 Article 98 of the Labor Code.
With this article, we hope everyone gains a better understanding to cope with the complicated developments of the Covid-19 pandemic.
*Based on the Labor Code 2012 and Article 8 of Decree 05/2015/ND-CP.
Thu Ba
