When does a change in work assignment require the employee’s consent? 

In an employment relationship, the assignment and rearrangement of work is an essential managerial need of the employer (“Employer”), especially in the context of organizational or personnel restructuring. However, in certain circumstances, changing an employee (“Employee”) work assignment may only be lawful if the Employee consents. Distinguishing between cases where the Employer has the right to reassign work and cases where consent is required is critical for ensuring lawful decision-making and minimizing the risk of labor disputes. 

1. Legal framework

Under current law, the Employer has the right to assign or reassign work to the Employee within the scope agreed upon in the labor contract (“Labor Contract”) and internal documents such as the internal labor regulations. If the new work assignment does not materially differ from the one stated in the Labor Contract, the Employer may implement the reassignment without needing the Employee’s consent. This is regarded as “assigning work in accordance with the Labor Contract,” and in principle, the Employee must comply with this lawful assignment during the term of the Labor Contract. 

Conversely, if the new work differs from the original job agreed upon in the Labor Contract, the reassignment is only lawful if it meets the conditions set forth in Article 29 of the 2019 Labor Code on “Reassignment of an employee against the Labor Contract” 

Accordingly, the Employer must have a legitimate reason (e.g., business needs, natural disaster, pandemic…) as permitted under the internal labor regulations or the law. The Employer must also notify the Employee at least three (03) working days in advance and assign tasks that are appropriate to the Employee’s health and gender. Regarding wages, if the new work comes with a lower wage, the Employer must maintain the previous wage for the first 30 working days. After that period, the new wage must be at least 85% of the previous wage and not lower than the region-based minimum wage. In addition, the reassignment may not exceed sixty (60) cumulative working days in a year. If the reassignment exceeds this limit, it may only continue with the Employee’s prior written consent. 

2. Practical observations

In practice, many Employers treat work reassignment as a default right without properly evaluating whether the new work differs materially from the original job in the Labor Contract. Because the law does not specifically define what constitutes “different work” the assessment often depends on the particular facts of each case. Labor authorities and courts typically consider the following factors: 

• Changes in job title compared to the original position; 

• Differences in the professional field or job duties; 

• Changes in the required qualifications, skills, or experience; 

• Variations in working conditions, such as location, hours, and work environment; 

• Differences in salary, allowances, and benefits. 

In practice, where the Labor Contract does not clearly specify the scope of work, or the Employer lacks documentation to demonstrate the similarity between the previous and new assignments, dispute resolution authorities often tend to protect the Employee. If one or more of the aforementioned factors differ significantly, the new assignment may be deemed “different” from the work stipulated in the Labor Contract. In such cases, the reassignment is only considered lawful if the Employer fully complies with the statutory conditions, particularly the obligation to notify and obtain the Employee’s consent if the reassignment exceeds the permissible time limit. 

3. Employer considerations

To ensure legal compliance and minimize disputes, the Employer should conduct a careful assessment before reassigning an Employee. Where the new work involves material changes, the reassignment must follow the proper legal procedure for assigning of employee against the Labor Contract. 

Complying with legal requirements enables the enterprise to lawfully implement its reassignment decision and mitigate the risk of disputes and liability for breaching the Labor Contract. It also helps maintain transparency, stability, and trust in the company’s internal labor relations. 

Date Written: 20/07/2025

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