A common situation
Ms. H. works as an office clerk at a logistics company in Ho Chi Minh City. On Monday morning, her employer suddenly informed her that starting next week, she would temporarily move to the warehouse to help sort goods for two months because the warehouse was short-staffed. Ms. H. wondered: do I have the right to refuse? Could refusing be treated as a disciplinary violation?
This is a very common situation. The answer depends on one thing only: whether the reassignment decision is lawful.
Short answer
Under Article 29 of the 2019 Labor Code (in force as of October 14, 2026):
- Within 60 cumulative working days in one year, an employee may not unilaterally refuse a lawful temporary reassignment — one with a valid legal ground, at least 3 days of prior notice, and work suited to the employee’s health and gender.
- An employee may refuse when the reassignment decision fails to meet any of those conditions. The three refusal cases are listed below.
Four conditions for a lawful temporary reassignment
An employer may transfer an employee to work different from the labor contract only when all of the following conditions are met:
- Valid legal ground: the reassignment falls under Article 29 of the Labor Code, such as a natural disaster, fire, dangerous epidemic; measures to prevent or remedy occupational accidents and occupational diseases; power or water incidents; or production and business needs. Important note: the “production and business needs” ground is only lawful when the specific cases have been set out in the enterprise’s internal labor regulations.
- No more than 60 cumulative working days in one year. The law says “cumulative”, not 60 consecutive days.
- At least 3 days of prior notice to the employee.
- The new work must be suited to the employee’s health and gender.
When may an employee refuse the reassignment?
You have the right to refuse in any of these three cases:
- No valid ground: the reassignment decision is not based on any ground under Article 29 of the Labor Code — for example, the employer cites “production and business needs” but the internal labor regulations do not specify any such case.
- More than 60 cumulative working days in a year without the employee’s written consent.
- Less than 3 days of prior notice, or the new work is not suited to your health or gender.
When may an employee NOT refuse?
Within the limit of 60 cumulative working days in a year, if the reassignment decision satisfies all four conditions above, the employee may not unilaterally refuse. Note: the specific consequences of refusing a lawful reassignment decision are not directly addressed by the law — the internal labor regulations of each enterprise must be consulted to determine them.
Salary protection during reassignment
- The employee keeps the old salary for the first 30 working days.
- After 30 days, the salary for the new work must be at least 85% of the old salary, but not lower than the minimum wage.
- If the employee disagrees with a reassignment extending beyond 60 days and must stop working, the employee is entitled to work-stoppage pay under Article 99 of the 2019 Labor Code.
Checklist for employees
- Does the reassignment decision fall under one of the cases in Article 29 of the Labor Code?
- Did the employer give at least 3 days of prior notice?
- Does the total reassignment time in the year exceed 60 cumulative working days?
- Is the new work suited to your health and gender?
- Is your salary kept unchanged for the first 30 working days and then at least 85% of the old salary (not below the minimum wage)?
Checklist for employers
- Include the specific “production and business needs” cases in the internal labor regulations before issuing a reassignment decision.
- Give 3 days of prior written notice to the employee.
- Do not exceed 60 cumulative working days in one year; if exceeding, obtain the employee’s written consent.
- Guarantee salary levels: unchanged for 30 working days, then at least 85% of the old salary and not below the minimum wage.
Contact us
If you are being reassigned and need an assessment of whether your employer’s decision is lawful, or if your company needs its internal labor regulations reviewed before reassigning staff, FLAT Law Firm is ready to advise. Contact: contact us.
The information in this article is for general reference only and does not replace legal advice for your specific case.
Transparency note: The legal content of this article has been reviewed by the FLAW AI Legal Council and approved by the owner before publication. This article is not the opinion of a human lawyer who has reviewed your case.