Do employees have the right to refuse if assigned tasks contrary to their employment contract?
In several recent labor disputes, many employees have filed complaints for being forced to perform tasks inconsistent with their professional expertise and the scope agreed upon in their labor contracts. So when an employer changes the assigned work, does the employee have the right to refuse? What does the Labor Code say?
Employment contracts are recognized and protected by law
According to Article 3 of the 2019 Labor Code, a labor contract is an agreement between the employer and the employee regarding the job, salary, and working conditions. Once signed, both parties must comply with the terms agreed upon, including job position, workplace, salary level, and working conditions.
Therefore, any significant change—such as reassignment to another department, assigning work outside of professional scope, or salary reduction—requires the employee's consent.
When can employers legally change job assignments?
Clause 1, Article 29 of the 2019 Labor Code stipulates that in cases of natural disasters, fires, dangerous epidemics, or due to business production needs, the employer may temporarily transfer the employee to another job for no more than 60 cumulative working days in a year.
During this process, the employer must:
Notify the employee in advance;
Develop a plan and temporary job description;
Ensure salary is not less than 85% of the previous wage;
Sign an annex to the labor contract (if the work differs substantially).
If the change violates these procedures or significantly affects employee rights, it may be deemed a breach of labor laws.
What can employees do when assigned work contrary to their contract?
Employees have the right to:
File a complaint with the Director, Management Board, or HR Department;
Request workplace dialogue or mediation;
If unresolved, file a lawsuit at the People’s Court following individual labor dispute procedures.
Note: Employees should request a signed contract annex when reassigned to a different job, as legal evidence for their rights and responsibilities.
Protect yourself based on your signed contract
From our legal experience, DEDICA recommends employees:
Always read contracts carefully, especially clauses on job description and reassignment rights;
Keep all documentation: job orders, payslips, emails, meeting minutes;
Stay calm and seek internal resolution before proceeding with formal complaints or legal actions.
Employees have the right to demand respect for their employment contract. In cases of inappropriate reassignment, salary cuts, or unreasonable job changes, employees are entitled to complain or file lawsuits to protect their interests. Ultimately, mutual understanding of rights and responsibilities leads to stronger, long-term cooperation.
DEDICA accompanies you in protecting your rights through legal consultation, from pre-litigation to mediation, negotiation, and litigation.
Contact DEDICA Law Firm for in-depth legal consultation!
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