Human resource mobilization means that the company can mobilize and increase the number of employees even though they have never done that job to complete the assigned work well. Personnel adjustment is the adjustment of employees who are working in a certain position of this company to accept another position of that company.
1. Form of decision on personnel mobilization:
Download the staffing decision form
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
————————
……., day month Year……..
DECISION
About the mobilization of personnel
Head of agency (unit)
– Pursuant to Decision No. …… /KH, date……month……………… of……. on the establishment of agencies and units… ;
– Pursuant to the decision No. …… /KH, date……month…..…..of… on the receipt and dispatch of…… on the work at the agency……;
– Considering work requirements and staff capabilities;
– At the proposal of the head of the organization and personnel department.
DECISION
Article 1. Now receiving and dispatching Mr. (Ms.) …… to take the job of the department (department)….. of the agency (unit)…… from ……month…………………..
Article 2. Mr. ……is entitled to salary and allowances….from …….month…….…….
Article 3. Chief of Office (Head of Administrative Department); Finance – accounting, organization and staff and Mr. ……. responsible for the implementation of this decision.
HEAD OF THE AGENCY
(signature and seal)
see more: The latest application form for job transfer, job transfer 2022
2. Form of decision on personnel adjustment:
Download templates decision to transfer personnel
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
————————
……., day……. May……
DECISION
About the personnel adjustment
Head of agency (unit)
– Pursuant to Decision No. …… /KH, date……month…..……of……. on the establishment of an agency… ;
– Pursuant to the decision No. …… /KH, date……month…..…..of…… on the receipt and dispatch of…… on the work at the agency…….;
– Considering work requirements and staff capabilities;
– At the proposal of the head of the organization and personnel department.
DECISION
Article 1. Now adjusted Mr. (Mrs.) …..belongs to (department)….belongs to the agency (unit)…..from the date of……month….. agency (unit)….. from the date…….month….year….
Article 2. Reasons for adjusting employees: ….
Article 3. Mr. …… is entitled to salary and allowances ….. from ……
Article 4. Chief of Office (Head of Administrative Department); Finance – accounting, organization and staff and Mr…. are responsible for implementing this decision.
HEAD OF THE AGENCY
(signature and seal)
see more: What is temporary labor transfer? Regulations on transferring employees to other jobs?
3. Notes when moving personnel, adjusting personnel:
Firstly, regarding personnel mobilization: In case the company needs to increase employees to complete the assigned tasks on time or if the company wants to achieve high efficiency when adding more employees.
Second, about personnel adjustment: The employer has the right to temporarily transfer the employee to another job in the following cases: natural disaster, fire, epidemic; apply measures to prevent and remedy occupational accidents and diseases; electricity and water problems; because production and business needs are specified in the enterprise’s internal regulations. The period of temporary transfer of employees to work other than the labor contract must not exceed 60 cumulative working days in a year, unless otherwise agreed in writing by the employee.
An enterprise may transfer employees to do other jobs than the labor contract in the following cases:
– When facing unexpected difficulties due to natural disasters, fires, epidemics;
– Apply measures to prevent and remedy occupational accidents and diseases;
– Electrical and water breakdowns;
– Due to production and business needs. When transferring workers in this case, the enterprise must specify in the internal regulations of the enterprise the case in which, due to production and business needs, the enterprise is allowed to temporarily transfer the employees to do other jobs compared to other jobs. labor contract.
* Transfer term
– Enterprises may temporarily transfer employees to do other jobs for 60 cumulative working days in a year.
– In case the enterprise wants to transfer employees for more than 60 days, it must obtain the consent of the employees in writing.
– In case the transfer term expires, but the enterprise wants the employee to work at the new position, the enterprise must obtain the employee’s consent. Consent to an agreement may be by:
+ The employee’s written consent to change to a new job different from the one stated in the labor contract.
+ An appendix to the labor contract which contains provisions on the transfer of a new job that is different from the original job.
– In case the transfer term expires, the enterprise wants the employee to work at the new position but the employee still wants to continue doing the old job, the two parties will continue to perform the contract as originally signed. . The enterprise has no right to unilaterally terminate the labor contract with the employee in this case. However, the employee has the right to unilaterally terminate the labor contract if the enterprise fails to arrange the job, working place or working conditions as agreed upon in the labor contract.
* Obligations of enterprises when transferring employees
– Notify employees at least 03 working days in advance when temporarily transferring employees to other jobs.
The content of the notice must include:
+ The temporary working term of the employee;
+ Arrange jobs suitable to the health and gender of employees.
* Employee’s salary when transferring labor
The salary paid to employees is the salary for the new job and the salary for the new job must be at least 85% of the salary for the old job, but not lower than the regional minimum wage prescribed by the Government.
In case the salary of the new job is lower than the salary of the old job, the old salary will be kept unchanged for 30 working days.
* Administrative fines when enterprises transfer workers illegally
According to Article 7 of Decree No. 88/2015/ND-CP, enterprises will be fined from VND 6,000,000 to VND 14,000,000 if they transfer employees to work other than the labor contract for improper reasons. , time limit or without the employee’s written consent as prescribed.
see more: When to transfer labor? Is it possible to transfer work location?
4. In what cases is it allowed to transfer personnel?
According to the provisions of the law, when signing a labor contract, the parties must comply with the content of the signed contract. If there is a change in the performance of the contract, the consent of both parties is required. However, in some cases, in order to protect the rights and interests of the employer, the law allows the employer to do something different from the company’s rules as well as the content in the contract. labor contract in transferring employees to do other jobs than those specified in the contract.
Employers have the right to transfer employees when encountering force majeure cases as prescribed by law.
According to regulations, the employee is only responsible for performing the work as signed with the employer. If the employer does not arrange the correct position for the employee as agreed, the employee has the right to complain or unilaterally terminate the contract. In fact, in the process of operation and working, the employer may face difficulties and from there need to change the employee’s job position to another job position, they will have the right to transfer the employee to another job position. temporary workers for a certain period of time in accordance with the law.
Incidents such as natural disasters, fires, dangerous epidemics, applying measures to prevent and remedy occupational accidents, occupational diseases, electricity and water problems or due to production and business needs, users the employee will have the right to transfer the temporary employee to a job other than the labor contract.
The transfer of employees to another job position compared with the labor contract is not allowed to exceed 60 cumulative working days within 01 year.
In case the employee is transferred to a job other than the labor contract for more than 60 cumulative working days in a year, it can only be done when the employee agrees in writing.
When transferring an employee to another job, the employer must notify the employee at least 03 working days in advance and clearly notify the temporary working period, arrange jobs suitable to his/her health, gender of the worker.
In case the employee does not agree to temporarily do a job different from the labor contract but stops working, the employer must pay the stoppage salary in accordance with regulations.
see more: Is the company moving from a manager to an employee?
5. Is it possible to transfer personnel from the company to the project management board?
Question summary:
My Project Management Board is a part of the Company, on behalf of the Company to manage the projects of the Company under construction. The board has its own employer and its own seal. So may I ask? Does the company have the right to transfer personnel to the working board? If the transfer, how should the Company do the correct procedures and how must the Board do the procedures in accordance with the law?
Advisory lawyer:
– In Article 64 of the Law on Construction 2014, the management board of construction investment projects is regulated as follows:
“Article 64. Construction investment project management board of a project
1. An investor shall establish a project management board for investment and construction of a project to directly manage the implementation of a project, applicable to the projects specified in Clause 2, Article 62 of this Law.
2. The construction investment project management board has a seal and an account, and performs tasks and powers as authorized by the investor. The organizational structure of the Project Management Board consists of a Director, a Deputy Director and professional and professional staff depending on the requirements and nature of the project. Members of the Project Management Board work on a full-time or part-time basis according to the investor’s decision.
– And in Article 19 of Decree 59/2015/ND-CP stipulating the management of construction investment projects as follows:
“Article 19. Construction investment project management board of a project
1. The investor shall decide to establish a construction investment project management board for a project to manage the implementation of a group-A-scale project with special-grade construction works or high-tech projects approved by the Ministry of Industry and Trade. The Minister of Science and Technology shall certify in writing that defense and security projects require state secrets, and projects using other capital.
2. The construction investment project management board of a project is a non-business organization directly under the investor, has independent legal status, is entitled to use its own seal, and may open an account at the state treasury and commercial banks in accordance with regulations to perform project management tasks assigned by the investor; take responsibility before law and investors for their project management activities.
3. An investment project management board to build a project must fully meet the eligibility conditions specified in Clause 3, Article 64 of this Decree, and may hire qualified consulting organizations and individuals to provide consultancy services. perform a number of tasks under their project management tasks.
4. The investor shall prescribe the functions, tasks, powers and organizational structure of the construction investment project management board of a project as prescribed in Clause 2, Article 64 of the 2014 Law on Construction.” .
Pursuant to the above provisions, the establishment of a project management board for investment and construction of a project shall be decided by the investor.
The investor shall prescribe the functions, tasks, powers and organizational structure of the construction investment project management board of a project:
– The investment project management board of a project has a seal, an account, and performs tasks and powers as authorized by the investor;
– The organizational structure of the Project Management Board includes the Director, Deputy Director and professional and professional staff depending on the requirements and nature of the project. Members of the Project Management Board work on a full-time or part-time basis according to the investor’s decision.
So, based on Article 64 of Law on Construction 2014 and Article 19 of Decree 59/2015/ND-CP, in your case. Your project management unit is a part of the Company, established by the Company to manage project implementation. The Project Management Board is responsible to the Company for its project activities. Members of the Project Management Board work on a full-time or part-time basis as decided by the Company. Therefore, the Company has the right to transfer personnel to the Project Management Board to work according to the Company’s decision. Your Project Management Board must follow the decision of the Company that directly established the Project Management Board.
Chuyên mục: Biễu mẫu
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