Question:
Mr. X has been working for our company from December 2022 to the present in Ho Chi Minh City. The labor contract between the company and Mr. X includes the content: "Work location: Within the territory of Vietnam as directed by the Company." Currently, the company wishes to relocate Mr. X to work at the branch in Hanoi from January 2024 until the end of the contract (December 2024). Is Mr. X's agreement required?
Trả lời:
According to point c, clause 1, Article 21 of the Labor Code, the work location is a mandatory content that must be included in the labor contract. In addition, according to the provisions in point b, Clause 3, Article 3, Circular No. 10/2020/TT-BLĐTBXH regarding the work location: "The location and scope of the employee's work are as agreed upon; in the case where the employee works regularly at multiple locations, all those locations should be fully specified."
Based on the information provided by the company, we understand that the change in Mr. Tien's work location from Ho Chi Minh City to Hanoi is not temporary but has the nature of regular work in Hanoi. Additionally, Mr. Tien has been working in Ho Chi Minh City from December 2022 to the present, which is also considered regular work. Therefore, this is a case where the employee works regularly at multiple locations, and according to Circular No. 10/2020/TT-BLĐTBXH, the labor contract must fully specify all those locations.
Although Mr. X has signed a labor contract with the content "Work location: Within the territory of Vietnam as directed by the Company," this content is not in line with the labor law regulations and may be declared invalid according to Article 49 of the Labor Code. Therefore, in our opinion, the company should not change Mr. X's work location without his consent to avoid potential disputes in the future.
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