Answer:
According to Article 21.1(c) of the Labour Code, the Employee must prescribe the provisions of workplaces in the LC. As such, the Employer and the Employee must comply with the agreement including the workplace when entering into L Cs. In case the Employer wishes to change the workplaces of Employees, in particular, to request the Employee to work from home or arrange seats in trade centres for the Employee during the time of perior notice when the Employee resigns or the Employer unilaterally terminates the LC, the parties must agree to amend and supplement the LC[1]. This is because, within the period aforesaid, the labour relationships between the Employer and the Employee have not yet been terminated. Accordingly, the Employer is obliged to notice in advance at least three (3) working days to the Employee about the new workplaces and the parties shall sign appendixes to the LC or enter into a new LC if both parties agree with the change of workplace. If there is no other agreement, salary of the Employee, in this case, shall be fully paid by the Employer in accordance with the provisions in the LC.
The fact that the Employer unilateral prevents the Employee from working in the workplaces may cause the Employer to be at the risk of being considered as non-compliance with the LC entered into in case the Employee complains to the State administrative authorities for labour or initiate lawsuits in competent Courts.
[1]Article 33 the Labour Code
