The employer is entitled to temporarily assign an employee to perform a job which is not stated in the labor contract in the following cases:
(i) The occurrence of sudden difficulties due to a natural disaster, fire or epidemic, or the taking of measures to prevent or address a work accident, an occupational disease, or an electric or water supply incident; or
(ii) Due to business and production needs.
When temporarily assigning an employee to perform a job which is not stated in the labor contract, the following requirements must be noted:
- The temporary assignment shall not exceed 60 accumulated workdays within 01 year. Should the assignment exceed 60 accumulated workdays within 01 year, such assignment must be agreed upon by the employee in writing.
- The employer shall specify in the internal regulations the cases where, due to production and business needs, the employer may temporarily assign the employee to perform a job which is not stated in the labor contract.
- The employee must be informed at least 03 working days in advance, clearly stating the term of the temporary assignment, and assigning a job suitable to the health and gender of the employee.
- Salaries will be paid based on the new job assignment. If the salary for the new job is lower than the old one, the employee is entitled to receive the previous salary for 30 working days. Thereafter, the salary for the new assignment must be at least 85% of the old salary but not lower than the minimum salary.
- Employees who refuse to temporarily perform a job other than that stated in the labor contract for over 60 accumulated days within 1 year that results in work suspension of the employee, the employee shall be entitled to a suspension salary.