Our in-depth exploration exposes the concerning trend of businesses exploiting legal gaps to the detriment of workers. We delve into the various tactics employed by these entities and shed light on the consequences for employees. This article not only highlights the problem but also discusses potential solutions and preventive measures to protect workers’ rights and ensure fair labor practices. Dive into our comprehensive analysis to better understand the dynamics between businesses, legal loopholes, and worker exploitation.
1. Labor law still has loopholes that harm workers
According to information from the “Bao Nguoi lao dong” on June 8/2023, many businesses transfer workers to perform different tasks than those specified in the signed labor contracts, citing “production and business needs.” This action by the businesses is justified by the current Labor Law, which states:
“… In the case of production and business needs, the employer has the right to temporarily transfer workers to perform different tasks than those specified in the labor contract…” (Clause 1, Article 29, Labor Law 2019)
Currently, labor law does not clearly list the specific cases of “production and business needs.” This has led to many businesses abusing this provision, affecting the rights and benefits of workers. This situation occurs because businesses can make decisions according to their own intentions. Therefore, there is a need for stricter mechanisms to avoid disadvantageous rights and benefits of workers.
2. Specific case of businesses pressuring workers
The incident occurred at Company D in Thu Duc City. Mr. T signed an indefinite-term labor contract with Company D in 2015. The agreed-upon job contract with Mr. T (Assistant Supervisor) in the mold department.
In 2018, Mr. T was transferred twice to the cutting and plastic compression departments by Mr. D, who was a supervisor. Yet the company did not inform Mr. T in advance or issue any decisions regarding the adjustments. In 2020, Mr. T was again transferred to the packaging position, which he disagreed with and requested a written transfer document. Following this, conflicts arose between Mr. D and Mr. T, the company claiming that Mr. T violated the labor rules and demoted him (a disciplinary meeting was held to address Mr. T case).
Mr. T subsequently filed a labor lawsuit at the Thu Duc district Court. During the trial, the judging panel made the following determinations:
• Company D did not comply with regulations when transferring workers to different tasks.
• Regarding Mr. T’s alleged violations, Company D could not provide evidence to support its claims.
Based on these determinations, the Court revoked Company D’s disciplinary decision and ordered the company to reinstate Mr. T’s job and rights.
3. How can workers acquire the necessary understanding of labor laws in order to safeguard their interests?
From the above incident, workers should be aware that businesses are allowed to transfer them to perform different tasks than those specified in the labor contracts. However, if businesses abuse this regulation and neglect procedures and legal requirements, they will face consequences for their actions.
Specifically, Article 29 of the Labor Law 2019 regulates the transfer of workers to different tasks as follows:
• Businesses are only allowed to temporarily transfer workers to different tasks. The period of transfer should not exceed 60 cumulative working days within one year.
• If the transfer period exceeds the above-mentioned timeframe, the worker’s written consent is required.
• Businesses must inform workers at least 3 working days in advance of the transfer.
• Businesses must assign tasks suitable for the worker’s health and gender.
• Workers shall be paid according to the new tasks. If the new task’s salary is lower than the previous task, the worker’s previous salary should be maintained for 30 working days. The minimum salary for the new task must be at least 85% of the previous salary, not lower than the minimum wage.
• If the worker does not agree and consequently stops working, the business must pay the labor suspension allowance according to labor laws.
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
