In the context of an increasingly dynamic labor market, transferring employees to other jobs is a regular need for businesses to adapt to changes in production organization, work needs or business situations. However, this activity must be carried out legally, based on the provisions of labor law to ensure the legitimate rights of employees, while maintaining the stability of labor relations in the enterprise.

1. Legal regulations on employee transfer.

Current labor laws, especially the 2019 Labor Code, have specific regulations on adjusting employees to do jobs other than those in the labor contract to prevent abuse of rights by employers.

1. Conditions for transferring employees

According to Clause 1, Article 29 of the 2019 Labor Code, employers are only allowed to temporarily transfer employees to do work other than that specified in the labor contract in the following cases:

• Due to production and business needs;
• Must demonstrate a reasonable reason (for example: natural disaster, fire, epidemic, production restructuring...);
• Not to exceed 60 cumulative working days in a year, unless with the written consent of the employee.

If after 60 days the employee does not agree to a new job, the employer must arrange for the employee to return to the job stated in the employment contract.

2. Obligation to give prior notice

According to Clause 2, Article 29, employers are responsible for:

• Notify employees at least 03 working days before the transfer, stating:
  • Reason for transfer;
  • Temporary employment;
  • New job description.

3. Employee rights when transferred

• Salary is not less than 85% of current salary (if the new job has a lower salary);
• In case the employee does a job with a higher salary, he/she will receive the higher salary;
• If the employee does not agree to a transfer that lasts longer than 60 days/year, he/she can request to terminate the contract and enjoy related benefits.

4. Penalties for violating transfer regulations

According to Decree No. 12/2022/ND-CP:

• Employers who do not notify in advance of a transfer may be fined from VND5 to VND10 million;
• If workers are forced to do work that is not in their contract for a long time, or to do dangerous work without training, they can be fined up to 75 million VND depending on the severity of the violation and the consequences.

III. CURRENT STATUS OF APPLYING REGULATIONS ON PERSONNEL TRANSFER

1. Some businesses have complied with legal regulations, carried out transfers in the correct order, with prior notice, and without exceeding the time limit prescribed by law.
2. However, many violations are still common, such as:

• Transferring employees without 3 days notice;
• Requiring employees to do other work for a long time without their consent;
• Failure to pay full salary during transfer period;
• Abuse of transfer rights to force employees to quit illegally.

3. Workers lack legal information and do not know their rights, so they are often passive when transferred.

IV. SOME SOLUTIONS TO IMPROVE AND ENHANCE IMPLEMENTATION EFFICIENCY

1. For the State

• Strengthening labor inspection and examination at enterprises, especially small and medium enterprises;
• Update the legal system to provide more detailed guidance on transfers in special situations (epidemics, restructuring...);
• Build an online labor law dissemination portal for easy access by workers.

2. For businesses

• It is necessary to develop a clear internal personnel transfer process based on the law;
• Training human resource managers on legal regulations in transfer, dismissal, and labor discipline;
• Create an open and transparent working environment, avoiding using transfers as a disguised form of disciplinary action.

3. For workers

• Equip yourself with legal knowledge about your rights when being transferred;
• Require written notice from the employer when asked to do other work;
• In case of illegal transfer, employees have the right to file a complaint, denunciation or lawsuit at the Labor Court.

V. CONCLUSION

The transfer of employees is a useful management tool but at the same time, it is also an area where disputes can easily arise if not properly implemented. The 2019 Labor Code has created a clear and strict legal framework, but the effectiveness of implementation depends on the compliance of employers and the awareness of employees. To ensure fairness and stability in labor relations, there needs to be close coordination between the State, enterprises and employees themselves in complying with and properly implementing legal regulations on personnel transfer.

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