Can an enterprise change employee’s workplaces?

1. How are the workplaces prescribed?

In accordance with Article 21, the Labor Code 2019, one of the compulsory contents in the labor contract is the work description and workplaces.

In accordance with the guidance at Point b, Clause 3, Article 3 of Circular No. 10/2020/TT-BLDTBXH, the workplace is prescribed as follows:

b) Workplace of the employee:  means the scope of agreed job and place where the employee performs the job. If the employee regularly works in different places, these workplaces shall be fully indicated.

Therefore, parties have the right to agree on workplaces, especially, parties should have a clear agreement in the contract and write out clearly all the addresses of having many workplaces depending on the nature of the job.

After signing the contract, employers and employees shall be responsible for complying with all the agreements in the labor contract, including the agreement on workplaces. This content is also prescribed clearly in Article 28 of the Labor Code as follows:

The jobs under a labor contract shall be performed by the employee who has entered into the contract.  The workplace shall be as indicated in the labor contract unless otherwise agreed upon by the two parties.

Therefore, parties can work in other workplaces rather than the workplaces prescribed in the labor contract.

2. Can an enterprise change an employee’s workplace?

In accordance with Article 28, Labor Code 2029, the workplace shall be as indicated in the labor contract, unless otherwise agreed upon by the two parties. Or speaking in other ways, the enterprise is not allowed to arbitrarily change the workplace of employees.

However, in accordance with Clause 1m Article 29 of the Labor Code 2019, When meeting with sudden difficulties such as natural disaster, fire, or dangerous epidemic, or taking measures to prevent and respond to an occupational accident or disease or electricity or water-related incident, or to meet production and business needs, the employer may temporarily assign the employee to perform a job other than that stated in the labor contract provided that the assignment period does not exceed 60 accumulated working days within 1 year.

At the same time, for at least 3 working days, the employer shall inform such assignment to the employee, clearly stating the duration of temporary work, and assign a job that must be suitable to the employee’s health and gender.

The above change may cause the change work to be suitable for the requirements of production, business, and service requirements.

For the employee who refuses to temporarily perform a job other than that stated in the labor contract for over 60 accumulated wage in case of work suspension within 1 year and has to stop working, the employer shall give him/her a wage in case of work suspension

3. Force employees to work in another workplace, can the enterprise be fined or not?

As being analyzed, employers are not allowed to arbitrarily move employees to a different workplace other than the employment contract, except for the reasons of natural disaster, fire, dangerous epidemic, electrical failure, electricity or water break-down…

In this case, the employers shall be imposed the fine for administrative violations in accordance with Point a, Clause 2, Article 11 of the Decree No. 12/2022/ND-CP as follows:

2. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed on any employer that commits one of the following acts

a) Arranging the worker to work at a workplace which is different from the one agreed upon in the labor contract unless otherwise prescribed in Article 29 of the Labor Code;

Therefore, the employer who is an individual shall be imposed a fine of between VND 3 million - VND 7 million; who is an organization shall be imposed a fine of between VND 06 - 14 million (Clause 1, Article 6, Decree No. 12/2022)

Besides, the employer subjected to the remedial measures must arrange for the employees to work at the workplaces agreed upon in the labor contract.

Therefore, the employees who are assigned to different workplaces than agreed upon can report these violations to the Chief Inspector of the Department of Labor, War invalids, and Social Affairs to protect their interests.

The enterprises shall be imposed a fine for administrative violations in labor after the investigation.

Here is the answer to the question: “Can an enterprise change employees’ workplaces?"