VI Can the content of the employment contract be changed when the nature of the work changes? What is the content of the employment contract? When transferring an employee to a job other than the one stated in the employment contract, how will the employee be paid? Let’s find out more with Pham Consult!
Can the content of the employment contract be changed when the nature of the work changes?
Pursuant to Clause 1, Article 33 of the Lao Law 2019, it is stipulated as follows:
Amendment and supplementation of labor contracts
- During the implementation of the labor contract, if either party requests to amend or supplement the contents of the labor contract, it must notify the other party at least 03 working days in advance of the contents that need to be amended or supplemented.
- In case the two parties reach an agreement, the amendment and supplementation of the contents of the labor contract shall be carried out by signing an appendix to the labor contract or concluding a new labor contract.
- In case the two parties cannot agree on the amendment and supplementation of the contents of the labor contract, the signed labor contract shall continue to be implemented.
Accordingly, currently, according to the provisions of the 2019 Labor Code, there are no provisions on changing the content of the labor contract when the nature of the work changes.
However, if during the implementation of the labor contract, if either party has the right to request amendments or supplements to the content of the labor contract, it must notify the other party at least 03 working days in advance of the content that needs to be amended or supplemented.
Therefore, it can be understood that if the nature of the work changes, the employee or employer must notify the other party at least 03 working days in advance of the content that needs to be amended or supplemented.
Note:
– In case the two parties reach an agreement, the amendment and supplement to the content of the labor contract will be carried out by signing an appendix to the labor contract or concluding a new labor contract.
– In case the two parties cannot reach an agreement on the amendment and supplement to the content of the labor contract, the signed labor contract will continue to be implemented.
When transferring employees to do work other than the labor contract, how will the employees be paid?
According to Clause 3, Article 29 of the 2019 Labor Code, the following provisions are made:
Transferring employees to do work other than the labor contract
1.When encountering sudden difficulties due to natural disasters, fires, dangerous epidemics, applying measures to prevent and overcome work-related accidents, occupational diseases, electricity and water incidents, or due to production and business needs, the employer has the right to temporarily transfer the employee to do work other than that specified in the labor contract, but not exceeding 60 cumulative working days in 01 year; in case the employee is transferred to do work other than that specified in the labor contract for more than 60 cumulative working days in 01 year, it can only be done with the employee’s written consent.
The employer shall specify in the internal labor regulations the cases in which, due to production and business needs, the employer may temporarily transfer the employee to a job other than that specified in the labor contract.
2.When temporarily transferring the employee to a job other than that specified in the labor contract as prescribed in Clause 1 of this Article, the employer must notify the employee at least 03 working days in advance, clearly state the temporary work period, and arrange work appropriate to the employee’s health and gender.
3.Employees who change to a job other than the one stated in their employment contract shall be paid according to the new job. If the salary of the new job is lower than the salary of the old job, the salary of the old job shall remain the same for a period of 30 working days. The salary of the new job must be at least 85% of the salary of the old job but not lower than the minimum wage.
– Thus, if the employee changes to a job other than the one stated in the employment contract, he/she will be paid according to the new job.
– If the salary of the new job is lower than the salary of the old job, the salary of the old job will be kept for 30 working days.
– The salary of the new job must be at least 85% of the salary of the old job but not lower than the minimum wage.
What are the contents of a labor contract?
According to Clause 1, Article 21 of the 2019 Labor Code, a labor contract will have the following main contents:
– Name and address of the employer and full name and title of the person signing the labor contract on the employer’s side
– Full name, date of birth, gender, place of residence, ID card number, or passport of the person signing the labor contract on the employee’s side
– Job and place of work
– Duration of the labor contract
– Salary according to job or position, form of salary payment, salary payment period, salary allowances, and other supplements
– Promotion and salary increase regime
– Working hours, rest hours
– Labor protection equipment for employees
– Social insurance, health insurance, and unemployment insurance
– Training, fostering, and improving professional qualifications and skills.
