Ask:
My company’s warehouse keeper suddenly quit, the director asked me to be an accountant in the accounting department for a while until a replacement was found. Honestly, I don’t really like it because the storekeeper’s salary is lower than my salary, and I don’t know how long I have to work instead. But nowadays, finding a job is not easy, so I have no intention of quitting even though I am assigned a job that is not in accordance with the contract. In a case like mine, are there any guaranteed benefits when changing jobs?
Reply:
Clause 1, Article 29 of the Labor Code 2019 stipulates that the employer is entitled to temporarily transfer the employee to a job other than the labor contract but must not exceed 60 cumulative working days in 01 year in the case of employment. In case of unexpected difficulties due to natural disasters, fires, dangerous epidemics, applying measures to prevent and remedy occupational accidents, occupational diseases, electricity and water problems or due to production and business needs .
In case the employee is transferred to a job other than the labor contract for more than 60 cumulative working days in a year, it can only be done when the employee agrees in writing.
Also according to the provisions of Article 29: The employer shall specifically stipulate in the labor regulations the cases in which due to production and business needs the employer is allowed to temporarily transfer the employee to another job. compared with the employment contract.
When temporarily transferring an employee to a job different from the labor contract in the above cases, the employer must notify the employee at least 3 working days in advance and clearly notify the working term. temporarily and arrange jobs suitable to the workers’ health and gender.
Regarding salary: Employees who move to a job different from the labor contract are paid according to the new job. If the new job’s salary is lower than the old job’s salary, the old job’s salary will be kept unchanged for 30 working days. The salary for the new job must be at least 85% of the salary of the old job but not lower than the minimum wage.
If an employee does not agree to temporarily do a job other than the labor contract for more than 60 cumulative working days in a year and has to stop working, the employer must pay stoppage salary according to the provisions of Article 99 of this Law. Labor Code 2019
(Article 99: In case of stopping work, the employee is paid as follows:
1. If it is due to the employer’s fault, the employee is paid in full according to the labor contract;
2. If it is the employee’s fault, he or she will not be paid; Other employees in the same unit who have to stop working will be paid at a rate agreed upon by both parties but not lower than the minimum wage;
3. If due to electricity or water problems that are not due to the employer’s fault or due to natural disasters, fires, dangerous epidemics, enemy sabotage, relocation of operating locations at the request of state agencies competent or for economic reasons, the two parties agree on salary for termination of work as follows:
a) In case of cessation of work for 14 working days or less, the agreed-upon stoppage salary shall not be lower than the minimum wage;
b) In case of having to stop working for more than 14 working days, the salary for termination of work shall be agreed upon by both parties, but the salary for stopping work in the first 14 days must not be lower than the minimum wage.)
