Job description clause in employment contracts: important regulations and main considerations

In employment relationships, the job description clause in an employment contract plays a particularly important role in clearly defining the scope of work, responsibilities, and obligations of the employee. However, if such a clause is not drafted specifically and clearly, it may lead to various disputes and legal risks.

I. Common difficulties employees face when the job description clause in an employment contract is not specific

In practice, when the job description clause in an employment contract is not clearly stipulated, employees may encounter numerous difficulties and risks, such as:

• Being assigned work unrelated to their expertise or beyond the initial agreement;
• Difficulty determining the scope of responsibilities, leading to unfair assessments of work performance;
• Being arbitrarily reassigned by the employer without a clear legal basis;
• Taking disadvantages in disputes due to the lack of legal grounds to protect their rights and interests;
• Difficulty requesting salary increases, allowances, or adjustments to working conditions due to the absence of specific criteria.

II. Concept of the job description clause in employment contracts

1. What is the job description clause in an employment contract?

The job description clause in an employment contract is a section containing the parties’ agreement on the specific job, position title, and workplace that the employee is required to perform. Such a provision defines the employee’s principal responsibilities, duties, and scope of work, helping both parties reach a common understanding regarding rights and obligations, while also serving as the legal basis for resolving disputes arising in relation to the work.

Pursuant to Point c Clause 1 Article 21 of the Labor Code 2019, “job and workplace” is one of the mandatory contents that must be included in an employment contract to ensure its full legal validity. Clearly stipulating the job description clause not only protects the employee’s rights and interests but also enables employers to manage personnel effectively and transparently.

2. What role does the job description clause in an employment contract play in labor relations?

The job description clause in an employment contract plays an important role in labor relations. Specifically:

• It identifies the employee’s primary duties and responsibilities, helping employees understand the work they are required to perform and the standards for evaluating their work performance;
• It serves as the legal basis for employers to manage, assign, and supervise work, thereby ensuring efficient business operations;
• It helps protect employees’ rights and interests by preventing them from being assigned work inconsistent with the agreement or unsuitable to their abilities, which may affect salaries, bonuses, and benefits;
• It acts as the legal basis for resolving disputes related to work assignments or situations where employees are assigned work inconsistent with the contract.

3. Is the job description clause a mandatory content of an employment contract?

The job description clause is a mandatory content of an employment contract.

Pursuant to Point c Clause 1 Article 21 of the Labor Code 2019, an employment contract must clearly state the employee’s job and workplace. It helps clearly define the employee’s responsibilities and duties, while also serving as the legal basis for resolving disputes where an employee is assigned work inconsistent with the agreement.

Therefore, when drafting an employment contract, specifically describing the job is not only a legal requirement but also a measure to protect the rights and interests of both employees and employers.

III. Legal regulations related to the job description clause in employment contracts

1. Regulations on the job contents that must be included in employment contracts

Pursuant to Point c Clause 1 Article 21 of the Labor Code 2019, employment contracts must clearly specify the employee’s job and workplace. Specifically:

• Determination of the job: It clearly states the tasks the employee is required to perform during employment. This helps avoid situations where employees are assigned tasks beyond the agreement or employers require employees to perform work inconsistent with the contract.
• Determination of the workplace: The specific workplace must be stated in the contract to avoid disputes relating to travel, travel expenses, or sudden workplace relocation.
• Legal basis for protecting rights and interests: In disputes relating to job performance, such a clause serves as the basis for employees to request performance of the agreed work, while also providing employers with grounds to require employees to properly perform their contractual duties.
• Practical application: Within enterprises, clearly specifying job duties also facilitates performance evaluation, reasonable task allocation, and implementation of salary, bonus, and promotion policies associated with job functions.

2. Is an employer required to notify employees in advance when changing their job assignments?

Employers are required to notify employees in advance when changing their job assignments under Clause 2 Article 29 of the Labor Code 2019. Specifically:

• When temporarily assigning an employee to perform work different from that stated in the employment contract, the employer must notify the employee at least 03 working days prior to the reassignment.
• The notification must clearly state the duration of the temporary reassignment and ensure that the assigned work is suitable to the employee’s health condition and gender.

Such a requirement aims to protect employees’ rights and allow them adequate preparation, while also helping maintain transparent and fair labor relations.

3. In what circumstances may an employer temporarily assign an employee to perform work different from that stated in the employment contract?

Employers may temporarily assign employees to perform work different from that stated in the employment contract in urgent situations or due to production and business demands under Clause 1 Article 29 of the Labor Code 2019, specifically:

• Unexpected difficulties caused by natural disasters, fires, or dangerous epidemics;
• Implementation of measures to prevent or remedy occupational accidents, occupational diseases, or electricity and water supply incidents;
• Production and business demands of the enterprise.

Where the temporary reassignment does not exceed a cumulative total of 60 working days within one year, the employer may implement the reassignment without obtaining the employee’s consent. If the reassignment exceeds 60 working days, the employee’s written consent is required.

The reassignment must be notified at least 03 days in advance, the assigned work must be suitable to the employee’s health and gender, and the employee’s salary must be guaranteed in accordance with the law (at least 85% of the previous salary and not lower than the statutory minimum wage).

4. Legal liabilities of employers for assigning work inconsistent with the employment contract

When an employer assigns work inconsistent with the employment contract, the employer shall take legal liabilities under the Labor Code 2019, specifically:

• The employer must pay the employee the full salary corresponding to the work agreed upon in the employment contract. If the new work carries a lower salary, the employer must maintain the previous salary for a maximum period of 30 days (Clause 3 Article 29).
• The employer must compensate for damages if the improper work assignment adversely affects the employee’s rights, health, or dignity.
• The employer may take administrative or criminal liability if the violation seriously infringes upon the employee’s rights and interests, such as forced labor, abuse, or sexual harassment.
• Employees have the right to file complaints with labor management authorities, labor inspectors, or courts to protect their lawful rights and interests.

IV. Questions regarding job description clauses in employment contracts

1. Can an employer assign additional tasks beyond the agreed job description?

An employer may assign additional tasks beyond the agreed job description, provided that such tasks do not alter the fundamental nature of the primary job, are suitable to the employee’s health, gender, and professional qualifications, and do not violate the agreement in the employment contract.

Legal basis:

• Clause 1 Article 29 of the Labor Code 2019: Employers have the right to temporarily assign employees to different work due to production and business demands, natural disasters, fires, or dangerous epidemics, provided that employees are notified at least 03 working days in advance.
• Clause 2 Article 29 of the Labor Code 2019: When reassigning work, the employer must clearly notify the employee of the duration and assign work suitable to the employee’s health and gender.

2. Can an employee request amendments to the job description clause in the employment contract?

Employees have the right to request amendments to the job description clause if they believe the work content is no longer suitable to their capabilities, inconsistent with the original agreement, or affected by changes in organizational structure or production and business demands. Any amendment must be agreed upon in writing between the employee and the employer.

• Point c Clause 1 Article 21 of the Labor Code 2019: Employment contracts must clearly specify the job and workplace.
• Clause 1 Article 27 of the Labor Code 2019: The parties may agree to amend or supplement the employment contract during its term.
• Clause 2 Article 29 of the Labor Code 2019: When changing work assignments, employers must provide advance notice and assign work suitable to the employee’s health and gender.

3. How should situations be handled where a company restructures its organization and it leads to changes in employees’ work assignments?

When a company restructures its organization in a manner that changes employees’ work assignments, the matter must be handled based on the principles of mutual agreement and protection of employees’ rights. Pursuant to Point c Clause 1 Article 21 of the Labor Code 2019, employment contracts must clearly specify the job and workplace; therefore, employers are not permitted to unilaterally change employees’ work assignments.

In cases where temporary reassignment is necessary due to natural disasters, fires, epidemics, labor incidents, or production and business demands, employers must comply with Clauses 1 and 2 Article 29 of the Labor Code 2019, including:

• Providing at least 03 working days’ prior notice;
• Assigning work suitable to the employee’s health and gender; and
• Obtaining the employee’s written consent if the reassignment exceeds 60 working days.

At the same time, in order to ensure transparency and protect employees’ rights, the parties may agree to amend the employment contract to reflect the new work assignment under Article 27 of the Labor Code 2019, while ensuring that the employee’s salary, benefits, and other entitlements are not adversely affected.

4. When changing the job contents in an employment contract, is it necessary to sign an appendix to the employment contract or execute a new employment contract?

When changing the job contents in an employment contract, whether the parties should sign an appendix or execute a new employment contract depends on the extent of the changes.

Pursuant to Clause 1 Article 27 of the Labor Code 2019, if the change does not alter the fundamental nature of the contract but only adjusts certain contents such as job descriptions, working hours, salary, or workplace, the parties may execute an appendix to the employment contract. Such an appendix must be made in writing, signed by both the employee and the employer, and has the same legal validity as the original employment contract.

However, where the changes alter the fundamental nature of the contract (for example, changing the employee’s position, professional field, or substantially changing the essential working conditions), a new employment contract should be executed in order to ensure the parties’ rights and obligations and avoid future disputes.

5. If employees are assigned work inconsistent with the employment contract, where may they file complaints?

Where employees are assigned work inconsistent with the employment contract, this is considered an individual labor dispute under Clause 1 Article 179 of the Labor Code 2019. Employees may file complaints or request dispute resolution through the following channels:

• Filing a direct complaint with the employer and requesting reassignment to the work agreed upon in the contract;
• Requesting labor dispute resolution under the mechanism provided by Article 184 of the Labor Code 2019 through a labor mediator;
• If mediation fails, requesting resolution by the Labor Arbitration Council under Article 185 of the Labor Code 2019; or
• Filing a lawsuit with the competent People’s Court.

V. Why should you seek legal advice from NPLaw regarding job description clauses in employment contracts?

In labor relations, the job description clause in an employment contract is a core element determining the rights and obligations of both employees and employers. However, many enterprises and employees still have difficulties in:

• Determining the scope of work;
• Handling changes in work assignments;
• Executing appendices or new employment contracts; and
• Resolving disputes where assigned work is inconsistent with the contract.

At NPLaw Firm, experienced lawyers will:

• Analyze and explain job description clauses in detail based on the Labor Code 2019, ensuring clients fully understand their legal rights and obligations;
• Advise on drafting and amending employment contracts or contract appendices to protect the lawful interests of both employees and enterprises;
• Provide guidance on dispute resolution and complaints regarding work assignments inconsistent with employment contracts, thereby minimizing legal risks and associated costs;
• Ensure compliance with legal regulations, helping enterprises operate efficiently while ensuring employees feel secure regarding their rights and interests.

The above information is provided for reference purposes only. Should you require detailed advice for a specific case, please contact NPLaw Firm for prompt consultation.