The problem of labor transfer is one of the common problems among employers. It is the case that the employee who is working at a job agreed in the contract for a legal reason must change to another position or job according to the will of the employer. To help members understand the regulations when transferring employees, today, LSX Lawfirm will give you an article about “Notes when Vietnamese enterprises transfer workers“, as follows:
When is the enterprise allowed to transfer the employee to a job other than the labor contract?
According to the provisions of Clause 1, Article 29 of the Labor Code 2019, an enterprise may transfer the employee to a job other than the labor contract when:
– Having unexpected difficulties due to natural disasters, fires, dangerous epidemics;
– Apply measures to prevent and overcome occupational accidents and diseases;
– Electrical and water breakdowns;
– Due to production and business needs. When transferring workers in this case, the enterprise must specify in the internal regulations of the enterprise the case in which, due to production and business needs, the enterprise is allowed to temporarily transfer the employees to do other jobs compared to other employees, labor contract.
Transfer term
Enterprises are allowed to temporarily transfer employees to do other jobs compared to the labor contracts but not exceeding 60 cumulative working days in 01 years. In case the enterprise wants to transfer workers for more than 60 days; must be approved in writing by the employee.
– In case the transfer term expires, but the enterprise wants the employee to work at the new position, the enterprise must obtain the employee’s consent. Consent to an agreement may be by:
+ An appendix to the labor contract, which contains provisions on the transfer of a new job that is different from the original job.
+ New labor contract between the enterprise and the employee. In this case, the enterprise and the employee can agree to terminate the original labor contract and then sign a new labor contract.
– In case the transfer term expires, the enterprise wants the employee to work at the new position but the employee still wants to continue doing the old job; then the two parties continue to perform the contract as originally signed. The enterprise has no right to unilaterally terminate the labor contract with the employee in this case. However, the employee has the right to unilaterally terminate the labor contract; if the enterprise does not arrange jobs and working locations; or working conditions as agreed in the labor contract.
Obligations of enterprises when transferring employees
The enterprise must notify the employee at least 03 working days in advance when temporarily transferring the employee to another job.
The content of the notice must include:
– The temporary working term of the employee;
– Arrange jobs suitable to the health and gender of employees.
Members can refer to the Sample notice of labor transfer.
Wages of employees when transferring workers
The salary paid to employees is the salary for the new job and the salary for the new job must be at least 85% of the salary of the old job but not lower than the regional minimum wage prescribed by the Government.
In case the salary of the new job is lower than the salary of the old job; shall be entitled to keep the old salary within 30 working days.
Note: The employee does not agree to temporarily do work other than the labor contract for more than 60 cumulative working days in 01 year but must stop working; the enterprise must pay the salary for stopping work according to regulations.
Administrative fines when enterprises transfer workers illegally
According to the provisions of Clause 1, Article 5, Clause 1, and Clause 2, Article 10 of Decree No. 28/2020/ND-CP, enterprises can be administratively sanctioned for acts of illegally transferring workers, specifically can:
– A fine ranging from VND 2,000,000 to VND 6,000,000 shall imposed on enterprises that act when temporarily transferring employees to do other jobs compared to the labor contracts but fail to notify the employees before 03 working days or failing to clearly notify the temporary working term; or arrange jobs that are not suitable with the health and gender of the employees.
– A fine ranging from VND 6,000,000 to VND 14,000,000 shall imposed on enterprises that commit one of the acts of transferring employees to do other jobs compared to the labor contract without reason, time limit, or written agreement. employee’s will in accordance with the law.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Notes when Vietnamese enterprises transfer workers“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
Legal capital of enterprises in the field of insurance in Vietnam
Procedures for business suspension for FDI enterprises in Vietnam
Distinguish between dissolution and bankruptcy of enterprises in Vietnam
Related questions
Temporary labor transfer means sending an employee who is doing one job to another job that is contrary to the work agreed upon in the labor contract in accordance with the provisions of Article 29 of the 2019 Labor Code and its guiding documents. relevant details.
The employee is completely entitled to unilaterally terminate the labor contract in case of being bullied by the employer; transfer to another job not as agreed in the contract. However, it should also be noted that employees are only allowed to terminate their employment contracts; without prior notice in the case of an employer; transferring employees without legitimate reasons; does not fall under the provisions of Article 29 of the Labor Code.
Receive severance pay;
Unemployment benefits;
Social insurance, unemployment insurance, health insurance;
Part of the employee’s salary (if the enterprise has not yet paid).
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “Notes when Vietnamese enterprises transfer workers“. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is Notes when Vietnamese enterprises transfer workers. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
