Is an employee entitled to refuse to do the jobs not stated in the labor contract?

I have worked for A company for 5 years under an indefinite-term labor contract. After that, my company decided to assign me to do another job which is not stated in the signed labor contract. So, can I refuse to perform jobs that are not stated in the labor contract?

Thank you.

FDVN’s opinion:

Thank you for concerning our legal services. Regarding your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

 [1]. According to the provision of Article 30 of Labor Code 2012 regarding the performance of jobs under a labor contract: “The jobs under a labor contract must be performed by the employee who has entered into the contract. The workplace may be as indicated in the labor contract or otherwise agreed upon between the two parties.”

Besides, according to Article 31 of Labor Code 2012 regarding the assignment of employees to perform jobs which are not stated in labor contracts:

“1. When meeting with sudden difficulties such as natural disaster, fire or epidemic, or taking measures to prevent and deal with a working accident, an occupational disease or an electricity or water supply incident, or when due to business and production needs, the employer may temporarily assign an employee to perform a job which is not stated in the labor contract provided that the assignment does not exceed 60 accumulated workdays within one year, unless otherwise agreed by the employee.

2. When an employer temporarily assigns an employee to perform a job which is not stated the labor contract, the employer shall inform the employee at least 3 working days in advance, clearly stating the duration of temporary work and the assigned work which must be suitable to the health and gender of the employee.

3. The employee who performs the job as stipulated in Clause 1 of this Article is entitled to a wage for the new job; if the wage for the new job is lower than the previous wage, he/she is entitled to the previous wage for 30 working days. The wage for the new job must be at least 85% of the previous wage but not lower than the regional minimum wage stipulated by the Government.”

Thus, the employer may temporarily assign an employee to perform a job which is not stated in the labor contract provided that the assignment does not exceed 60 accumulated workdays within one year. If the assignment is more than 60 days within a year, the employer must obtain the employee’s consent.

Apart from the above cases, if the employer assigns the employee to perform the jobs not stated in the labor contract, the employee may refuse. At the same time, the employee is entitled to send his/her opinion to the trade union or other competent agencies to protect his/her legal rights and interests.

[2]. According to the provision of Point a Clause 1 Article 37 of Labor Code 2012, the employee has the right to unilaterally terminate the labor contract if he/she is not assigned to the job or workplace or is not given the working conditions as agreed in the labor contract. However, the employee shall inform the employer at least 3 working days in advance.  

Above is FDVN Law Firm's opinion for your request. Hopefully, FDVN's advice would be helpful to you.

Legal expert: Nguyen Thi Lan Anh - FDVN Law Firm