Author:
- Nguyen Thi Huyen Anh – Senior Asociate
- Le Hoang Bao Ngoc – Legal Department
During their operations, enterprises may have a temporary need to transfer employees to perform work different from that stipulated in their employment contracts to meet production and business requirements or to address operational needs. Although this is the lawful management right of the employer, the transfer may only be carried out within the circumstances, time limits, and procedures prescribed by law.
In practice, many enterprises consider the transfer of employees as an internal management right and thus exercise it flexibly. However, if the transfer is not supported by lawful grounds, exceeds the permitted time limit, or fails to ensure the rights of the employees, the enterprise may face administrative penalties and labor disputes.
The following article analyzes the provisions of the 2019 Labor Code regarding the temporary transfer of employees to perform works different from their employment contracts, while offering practical considerations to help enterprises ensure compliance with the applicable regulations and mitigate legal risks.
1. When is the employer entitled to transfer employees?
According to Clause 1, Article 29 of the 2019 Labor Code, the employer is only permitted to temporarily transfer an employee to perform work different from that specified in the employment contract in certain specific cases, such as:
- When facing sudden difficulties due to natural disasters, fires, or dangerous epidemics;
- To apply measures to prevent or remedy occupational accidents or occupational diseases;
- Electricity and water incidents;
- Or due to production and business requirements.
However, for the case of “production and business needs”, the 2019 Labor Code requires that these circumstances be specifically specified in the Internal Labor Regulations to serve as a basis for temporarily transferring employees to works different from their employment contracts. Therefore, enterprises must review and specifically stipulate the applicable circumstances within their Internal Labor Regulations to ensure a sufficient legal basis when implemented in practice.
2. Time limit and procedures for transferring employees to perform other works compared to employment contract
One of the key provisions of Article 29 of the 2019 Labor Code is the restriction on the transfer duration. Specifically, Clause 1 of this Article stipulates that the employer has the right to temporarily transfer an employee to perform work different from that specified in the employment contract but for no more than 60 cumulative working days within 01 year. In the event the transfer exceeds 60 cumulative working days in 01 year, it can only be executed with the employee’s written consent. Furthermore, Clause 4, Article 29 of the 2019 Labor Code states that if the employee does not agree to temporarily perform work different from that specified in the employment contract for more than 60 cumulative working days in 01 year and consequently must suspend work, the employer must pay the work suspension wage as stipulated in Article 99 of the 2019 Labor Code.
Additionally, according to Clause 2, Article 29 of the 2019 Labor Code, when temporarily transferring an employee to perform work different from that specified in the employment contract, the employer must notify the employee at least 03 working days in advance, clearly specifying the duration of the temporary assignment, and arrange work suitable for the employee’s health and gender.
Therefore, prior to transferring employees to other work, enterprises must thoroughly review the transfer grounds, the applicable duration, and notification procedures to ensure the transfer is conducted in accordance with statutory provisions.
3. Salary regime when transferring employees
Pursuant to Clause 3, Article 29 of the 2019 Labor Code, an employee transferred to perform work different from that specified in the employment contract shall be paid according to the wage applicable to the new work. If the wage of the new work is lower than the wage of the former work, the wage of the former work shall be maintained for 30 working days. The wage for the new work must be at least 85% of the previous wage but not lower than the minimum wage.
Accordingly, enterprises should carefully review the applicable salary regime to ensure statutory compliance and minimize the risk of labor disputes.
4. Legal risks of unlawful transfers
According to Article 11 of Decree 12/2022/ND-CP, employers that transfer employees to perform works different from their employment contracts in contravention of the law may be subject to administrative penalties.
Specifically, Clause 1 of Article 11 prescribes a fine ranging from VND 1,000,000 to VND 3,000,000 for employers who violate the requirements relating to the procedures when transferring employees. The violations include:
- Failing to notify the employee at least 03 working days in advance.
- Failing to notify or providing an unclear notification regarding the duration of the temporary work.
- Or arranging work that is unsuitable for the employee’s health and gender.
For acts of transferring employees without proper grounds, exceeding the statutory time limit, or transferring for more than 60 cumulative working days in a year without the employee’s written consent, the employer may be fined between VND 3,000,000 and VND 7,000,000.
In addition to monetary fines, Point c, Clause 5, Article 11 of Decree 12/2022/ND-CP also prescribes remedial measures for the act of transferring an employee to perform work different from that specified in the employment contract without proper reasons, exceeding the statutory duration, or without the employee’s written consent. Accordingly, the employer is compelled to reinstate the employee to the position specified in the employment contract in the executed employment contract.
5. Conclusion
Transferring employees to perform works different from their employment contracts is a lawful management right of employers, but it may only be executed within the scope and conditions permitted by law. Therefore, before applying this measure, enterprises must thoroughly review the transfer grounds, applicable duration, salary regime, and related procedures to ensure statutory compliance and mitigate the risk of labor disputes. For complex cases or unresolved issues during implementation, enterprises should seek legal advice for an appropriate course of action.
Time of writing: June 29, 2026
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You can refer for more information:
- Lawful Labor Discipline: Procedures and Key Notes for Enterprises
- Non-Compete Agreements In Employment Relationships: Are They Enforceable In Vietnam?
- Determining “Serious Damage” in Disciplinary Dismissal
- What Must Social Networks and Online Platforms Do to Comply with the Personal Data Protection Law 2025?
