Vietnam: Temporary Transfer of Employee's Working Position due to Covid-19

09:06, 10/07/2024

Recently, the Ministry of Labor, Invalids and Social Affairs (MOLISA) issued Official Dispatch No. 1064/BOLISA-QHLDTL regarding the Guidance on payment during work suspension and Resolution of policies for employees during the work suspension period related to the Covid-19 Pandemic.

To implement policies on wage payment during work suspension and to address policies for employees in accordance with labor law regulations, the Ministry of Labor, Invalids and Social Affairs requests the Department of Labor, Invalids and Social Affairs to guide enterprises in the area to implement the following:

- In case enterprises face difficulties in sourcing materials and markets leading to insufficient jobs, the employer may temporarily transfer employees to other jobs different from the labor contract in accordance with Article 31 of the Labor Code;

- If the work suspension period prolongs affecting the company's ability to pay, the employer and employees may agree to temporarily suspend the performance of the labor contract as stipulated in Article 32 of the Labor Code;

- If the enterprise has to downsize production, resulting in a reduction of jobs, employee arrangement should be carried out according to Article 38 or Article 44 of the Labor Code.

More details can be found in Official Dispatch 1064/BLDTBXH-QHLĐTL issued on March 25, 2020.

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