This is one of the points to be noted in the Labor Code 2019. Accordingly:
When facing unexpected difficulties due to natural disasters, fires, dangerous epidemics, taking measures to prevent and remedy labor accidents, occupational diseases, electricity and water incidents or due to production and business needs then the employer is entitled to temporarily transfer the employee to do a job different from the labor contract but must not exceed 60 working days in a cumulative year; If the employee is transferred to another job which is different from the employment contract more than 60 working days in a year, it shall only be done when the employee agrees in writing.
The employer specifies in the internal labor regulations cases where, due to production and business needs, the employer may temporarily transfer the employee to do other jobs compared to the labor contract.
When temporarily transferring employees to perform jobs other than the labor contracts prescribed in Clause 1 of this Article, the employer must notify the employee at least 03 working days in advance, clearly notify the time limit. work temporarily and arrange jobs in accordance with the health and gender of workers.
The employee is transferred to a different job from the employment contract paid according to the new job. If the salary of the new job is lower than the salary of the old job, the old job’s salary is kept for 30 working days. The salary for the new job must be at least 85% of the salary of the previous job but not lower than the minimum wage.
An employee who disagrees with a temporary job different from the employment contract for more than 60 working days in a cumulative period of one year but must stop working, the employer must pay a termination salary as follows:
– In case of job stoppage of 14 working days or less, the agreed severance pay is not lower than the minimum wage;
– In case the work has to be stopped for more than 14 working days, the termination salary shall be agreed upon by the two parties but must ensure that the termination salary in the first 14 days is not lower than the minimum wage.
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