What is the minimum amount of salary for cases of reassignment of an employee against the employment contract in Vietnam?

What is the minimum amount of salary for cases of reassignment of an employee against the employment contract in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What are the cases of reassignment of an employee against the employment contract in Vietnam?

In Clause 1, Article 29 of the Labor Code 2019, there are regulations on reassignment of an employee against the employment contract as follows:

- When encountering unexpected difficulties such as natural disasters, fire, major epidemics

- Implementation of preventive and remedial measures for occupational accidents or diseases,

- Electricity and water supply failures,

- For reasons of business and production demands

The employer may temporarily assign an employee to perform a work which is not prescribed in the employment contract for an accumulated period of up to 60 working days within 01 year, unless otherwise agreed in writing by the employee.

In case of reassignment of an employee against the employment contract for more than 60 cumulative working days in 01 year, this will only be done when the employee agrees in writing.

In addition, the employer shall specify in the internal labor regulations the cases in which the employer may temporary reassign employees against the employment contracts.

Note: When temporarily transferring an employee to a job other than the labor contract specified above, the employer must notify the employee at least 3 working days in advance, clearly stating the deadline. temporary jobs and job arrangements suitable to the health and gender of the worker.

2. What is the salary for cases of reassignment of an employee against the employment contract in Vietnam?

According to Clause 3, Article 29 of the Labor Code 2019:

The reassigned employee will receive the salary of the new work. If the new salary is lower than the previous salary, the previous salary shall be maintained for 30 working days. The new salary shall be at least 85% of the previous salary and not smaller than the minimum wages.

Thus, thereassigned employee is paid according to the new job. The salary when transferring an employee to a job other than the labor contract must be at least 85% of the salary of the old job but not lower than the minimum salary.

3. Is suspension pay required for cases of reassignment of an employee against the employment contract in Vietnam?

According to Clause 4, Article 29 of the Labor Code 2019:

In case the employee refuses to be reassigned for more than 60 working days in 01 year and has to suspend the employment, he/she shall receive the suspension pay from the employer according to the regulations below.

Thus, in case the employee refuses to be reassigned for more than 60 working days in 01 year and has to suspend the employment, he/she shall receive the suspension pay from the employer according to the regulations. This can be considered a protection of legal rights and interests for both employees and employers.

According to Article 99 of the Labor Code 2019, in case of a suspension of work, the employee shall receive a suspension pay as follows:

- If the suspension is at the employer’s fault, the employee shall be paid the full salary under the employment contract;

- If the suspension is at the employee’s fault, the employee shall not receive the salary. If this leads to suspension of work of other employees in the same unit, they shall be paid an amount not smaller than the statutory minimum wages;

- In case the suspension is caused by an electricity or water supply issue that is not at the employer’s fault, or by a natural disaster, fire, major epidemic, hostility, relocation requested by a competent authority, or for economic reasons, both parties shall negotiate the salary as follows:

+ If the suspension does not exceed 14 working days, the salary shall not fall below the statutory minimum wages;

+ If the suspension is longer than 14 working days, the salary shall be negotiated by both parties and the salary for the first 14 days must not fall below the statutory minimum wages.

Nguyen Ngoc Que Anh

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