LABOR CONTRACT PERFORMANCEtaodoadmin
LABOR CONTRACT PERFORMANCE
Doing works under the labor contract
The work under the labor contract must be done by the employee that concluded the labor contract. The working location must comply with the labor contract or other agreements between both parties.
Transferring employees to do other works than in the labor contract
1. Upon sudden difficulties from natural disasters, fire, epidemics, from the implementation of preventive and remedial measures for occupational accidents and occupational illness, from electricity or water supply system malfunctions, or from the production and business demands, the employer is entitled to temporarily transfer the employee to do other work than in the labor contract within 60 cumulative working days in a year, unless otherwise agreed by the employee.
2. When the employee is temporarily transferred to other works than in the labor contract, the employer must notify the employee in advance at least 03 days, specify the duration and arrange works suitable for the employee’s health and gender.
3. The employee doing the works prescribed in Clause 1 this Article shall be paid for the new work. If the new work salary is lower than that of the old one, the old salary is kept within 30 working days. The new work salary must be at least 85% of that of the old one but must not be lower than the local minimum salary prescribed by the Government.
Cases of labor contract suspension
1. The employee have to do military service
2. The employee is detained as prescribed by law provisions on criminal procedures.
3. The employee have to implement the decision on compulsory treatment and education in reformatories, detoxification centers or educational facilities.
4. The pregnant female employees prescribed in Article 156 of this Code.
5. Other cases agreed by the parties.
Re-employing employees after the labor contract suspension expires.
Within 15 days as from the labor contract suspension expires as prescribed in Article 32 of this Code, the employee must be present at the workplace and the employee must re-employ the employee, unless otherwise agreed by the parties.
Employees working shorter hours
1. The employees working shorter hours are employees that work less than the usual working hours by day or by week specified in the law provisions on labor, collective labor agreement, professional collective labor agreement or the employer’s provisions.
2. The employee may reach an agreement with the employer on the shorter working hours when concluding the labor contract.
3. The employee working shorter hours shall have the salary, rights and obligations similarly to that of other full-time employees, shall have equitable opportunities, labor safety and labor hygiene conditions without discrimination.