The employer should employ the employee to perform the work agreed upon in the employment contract.

Under certain conditions, the employer may temporarily, for a period up to 3 months in the calendar year, entrust the employee with other work than that specified in the contract. The 3-month period may be used either continuously, in the full allowable amount, or in parts, the sum of which may not exceed 3 months in the calendar year.

Assigning an employee to another job must be justified by the employer’s needs. In particular, these will include sudden, unforeseen circumstances that disorganize work. In addition, temporarily assigned work must not result in a reduction in pay.

This prohibition applies to all components of the employee's compensation. According to the Supreme Court, this applies to compensation calculated in accordance with the principles applicable in determining the equivalent for unused vacation leave. The work assigned must also be consistent with the employee's qualifications. 

Assignment of other work takes the form of employer’s order and does not require the employee's consent. It is also not necessary to terminate the terms of work and pay or enter into an amending agreement. Any refusal to perform other work assigned in this manner may even be grounds for disciplinary dismissal.

Find more in the PRO HR April 2022.