In which cases can the transfer of employees to work units occur?

Transfer of employees to work units not only helps flexibly meet job requirements, but also provides opportunities to learn and develop new skills for employees, while enhancing productivity and coordination between departments. This contributes to the stability and sustainable development of the organization. The following article will analyze cases of transferring work units and the rights of related parties.

When will the transfer of employees to different work units take place?

According to the provisions of Clause 3, Article 3 of Circular 10/2020/TT-BLDTBXH regulating the working location of employees: the location and scope of work performed by the employee is according to the agreement; In case the employee works regularly in many different locations, write all of those locations.

In fact, the workplace is implemented according to the labor contract. In case the nature of the work requires frequent changes in workplace, it must also be clearly stated in the contract signed by both parties, unless the two parties have another agreement.

In addition, in special cases due to production and business needs, if the employer wishes to transfer employees to work at a different work location than the labor contract, they must fully respond. the following conditions:

• Implement written notification to employees about the transfer to work unit;
• Obtain the employee’s consent to transfer to work unit;
• Negotiations and agreements between the two parties must be established based on the spirit of equality and voluntariness, ensuring the legal rights and interests as prescribed.

Is there a limit to the job transfer period?

According to the provisions of Article 28, the Labor Code 2019 the period of job transfer of employees is clearly stipulated in the labor contract, except in cases where it is not specified, the period of job transfer is determined by agreement between the parties.

Regulations on transfer deadlines:

• The employer needs to notify the employee of the transfer of work at least 03 days in advance. The notice should clearly state the working term, new work location and job description;
• In addition, in case of sudden difficulties due to natural disasters, fires, dangerous epidemics, applying measures to prevent and overcome work accidents, occupational diseases, electricity and water incidents, or due to production and business needs as prescribed in Clause 1, Article 29, Labor Code 2019, the employee is transferred to a job that affects or changes the work unit, the transfer period must not exceed 60 cumulative working days in 01 year.

Rights and obligations of employees when transferring jobs

When transferred, employees still enjoy the rights and obligations prescribed in Article 5, Labor Code 2019. In addition, employees have the right to refuse transfer if they do not meet the conditions prescribed by law. All rights of employees must be guaranteed during the transfer process.

The rights and obligations of the transferred employee are as follows:

Workers’ rights:

• Maintain salary at no lower than previous level: Employees will not be reduced in salary when transferring jobs, ensuring that their income is not lower than the salary before moving to the new position, regardless of the change in job or work location;
• Refuse to transfer more than 60 days/year: Employees have the right to refuse to transfer if the transfer period exceeds 60 days in a year. This helps protect personal rights and keep workers’ jobs stable;
• Reservation of welfare regimes: When transferred to work, employees still retain the welfare regimes they are currently enjoying, including social insurance, health insurance, subsidies and rights. other benefits. This helps workers not be disadvantaged in terms of rights;
• Advance notice of transfer: Employees must be informed in advance of transfer, giving them enough time to prepare and adjust their work or personal life if necessary;
• Ensure appropriate working conditions: Employees are guaranteed that working conditions at the new work unit will suit their abilities and needs, including working space and support equipment, and other work environment factors. This helps them maintain work efficiency and health when moving to a new position.

Obligations of employees:

• Comply with legal transfer decisions: Employees must comply with transfer decisions issued by their work units, ensuring legality and compliance with the law;
• Full work handover: Before moving to a new work unit, employees need to complete the handover of their current work in full and in detail, ensuring not to interrupt work progress;
• Perform tasks correctly at the new unit: When moving to a new unit, employees need to quickly grasp and properly perform assigned tasks, contributing to the overall development of the new unit;
• Comply with the rules at the new unit: Employees need to become familiar with and comply with the rules and regulations of the new unit, thereby ensuring integration and effective work performance, while maintaining a healthy working environment.

Rights and obligations of employers when transferring employees

Employers have the right to transfer employees according to regulations but must ensure the obligations specified in Article 6, Labor Code 2019. Transfers must comply with the correct order and procedures. The transfer decision must be made in writing.

Rights of employers:

• Transfer decisions within the scope of law: Transfer decisions must be made within the current legal framework, ensuring legality and fairness. The transfer does not violate the rights and ensures fairness for employees;
• Require employees to comply with the decision: Employees are responsible for complying with the transfer decision of the working unit, performing job transfer and joining the new unit in accordance with the organization’s requirements;
• Evaluate work results after transfer: After transfer, it is very important to evaluate the work results of employees at the new unit. This assessment helps determine the employee’s work efficiency and ability to adapt to the new working environment;
• Adjusting work to suit needs: During the transfer process, the employee’s work can be adjusted to suit the new needs of the unit, ensuring personal development as well as meeting the overall goals of the organization;
• Handling violations during the transfer process: If a violation occurs during the transfer process, the employee needs to take responsibility and can be handled according to the regulations of the work unit and labor law. The processing must be fair, transparent and ensure the rights of all parties.

Obligations of the employer:

• Ensuring the rights of employees: Employees must have their legal rights protected during the transfer process, including salary, welfare and other benefits, ensuring they are not disadvantaged when change jobs;
• Advance notice of transfer: It is necessary to notify employees in advance of the transfer decision so that they have enough time to prepare and adjust their work plans, as well as their personal lives if necessary;
• Create suitable working conditions: The new work unit must ensure favorable working conditions and suitable to the employee’s abilities, including working space, equipment and environment that support effective work;
• Pay full benefits according to regulations: Employees must receive full benefits, social insurance, health insurance, and other benefits according to the law and policies of the work unit, and not be reduced during the transfer process.
• Arrange work suitable to capacity: Work after transfer needs to be arranged to suit the capacity, experience and skills of the employee, helping them to maximize their ability and contribute effectively to the common goals of the new unit.

Consulting on issues of transferring labor units at Long Phan

Long Phan provides professional consulting services on employee transfer. Our team of experts has a deep understanding of labor law. We will assist in resolving any problems during the job transfer process.

Consulting services include:

• Support customers in drafting decisions to transfer workers according to current regulations;
• Support customers in building a transfer process that ensures customers’ rights;
• Representing clients to resolve labor disputes arising during the transfer process;
• In-depth advice on the rights and obligations of the parties when making a job transfer;
• Support customers in negotiating work unit transfers.

Transfer decisions must be based on clear regulations, ensuring the rights of employees. With a team of experts with many years of experience and professional demeanor, we are ready to assist you in solving all issues regarding the transfer of employees to work units. If you need in-depth advice, please contact Long Phan immediately via the hotline: 0906735386 for detailed advice, and optimal solutions.