Not Assigned to the Agreed Work

The issue of assigning workers to tasks outside the scope of their contract causes significant difficulties for employees. Some employers even exploit personal grudges to transfer workers to different jobs. So, how does Vietnamese labor law regulate this matter?

According to Article 31 of the 2012 Labor Code, employers are only permitted to assign workers to tasks outside their labor contracts in the following cases:

- Unexpected difficulties due to natural disasters, fires, epidemics, measures to prevent and remedy accidents, occupational diseases, or electricity and water incidents;- Business and production needs of the employer.

The reassignment of workers to different tasks in the aforementioned two cases is only temporary and must not exceed a cumulative total of 60 working days in one year, unless with the worker’s consent. Outside these two cases, employers are not allowed to transfer workers to tasks not stipulated in their contracts.

Employees will receive wages according to the new tasks. If the new task's wage is lower than the previous job’s wage, the employee will be paid the old wage rate for 30 working days. Additionally, the new task's wage must be at least 85% of the previous job’s wage but not lower than the regional minimum wage.

Hence, it is not always permissible for employers to change an employee’s tasks from the initially agreed-upon duties. Furthermore, labor laws impose constraints on the duration of such transfers. Failure to comply with these regulations is a violation of labor law, and workers have the right to refuse the employer's requests or file complaints with the competent authorities.

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