Relocation negotiable or not!

Hi,

I have been working in this company for 4 years and 6 months now we are located at Makati, our company have a branch in Cabuyao Laguna. Now we have asked by our employer to transfer to Cabuyao due to reason that they have to maximize resources. Upon the offer we will be given 15k relocation assistance upon our transfer. But I asked them if we can negotiate with the package they are offering, like asked for housing allowance and transportation allowance but my manager said that it was the company policy so we can't negotiate with the terms. We didn't sign any policy regarding relocation package but there's a relocation clause in ur contract that stated that we can be transferred to other account or location if the company needed to.If we don't agree with the transfer we need to resigned (is this can be called discriminative dismissal?). And can't we really not bargain with our pacgkage if we don't agree with their terms? Please need your advice on this, thanks very much.

Yes very interested in this topic. What can we do about it?

Well, that's a very difficult issue to pursue. You really need to have a very good lawyer to pull that off. For sure, companies such as yours have already consulted that move with their lawyers. It will depend on how you present your case if ever you decide to take that to the NLRC. Companies usually have the prerogative to transfer business to locations suitable to them. The question now is whether what they are offering is reasonable or is within the laws we have here in the Philippines. First thing you need to do is seek advice from NLRC whether what you are fighting for is legit. You have to make NLRC aware of all the details so that they can give you the best possible solution. A lot of employees are experiencing the same predicament and have not really exerted effort in asking for help from law experts. They just don't want to go through the process of filing cases against their employers to save time and money. If you really want to pursue a case against your current employer you have to be ready for the long grind. It will be a long battle if both parties don't reach a settlement. I just hope that people reading this forum will help you by giving you insights and advices on what to do with your problem. Calling all legal experts there, badly needing your help!

Thanks Kumpanyero for your feedback. What I would like to asked to my employer is to compensate the extra expenses that I'll be having when the transfer take effect. For example I was asking for housing allowance because here in our makati office I have no problem with that because I was living with my parents. But if I transfer to Cabuyao I would have to pay for a rent that would cost me about 3500 to 5K monthly. And for the transpo allowance I would have to go back to manila every week because of my son that would cost me about 3K to 5K monthly. So don't you think it was just right to ask for those extra expenses? Those extra expenses really have a big impact on my take home salary. Appreciate if anyone could help us on this. Thanks again!

you can negotiate, but i believe the dole would uphold the 15k one time relocation allowance

Thank's attyLLL, your site is very helpul. You should keep this up. I'll share this to my fb account. Thanks again for the help.

There is no harm in trying, go ask NLRC if something favorable can be done with your situation. Personally, I think 15K is not enough to compensate the relocation process considering the amount of money you will be shelling out everyday just to get to work. It is just a matter of explaining to them the whole scenario and the legalities that goes with it. And maybe, just maybe, NLRC will find something irregular or unjustifiable with their proposal which is a common practice for some companies.

Can I ask another question also regarding this same subject matter ? I was told that I have to transfer to a new location (Cagayan de Oro from Makati now). Do I have the legal right to refuse or ask for say a month to settle my affairs here first ? I initially asked for some two weeks kasi to settle my affairs here but was told that I am needed urgently. When I offered to settle the urgent matter first and come back temporarily afterwards to settle my affairs, I was told it is okay but it would be deducted from my benefits (airfare, time, etc.) I have been with the company for 17 years na kasi and feel sayang (separation pay, retirement) if I resign just because I do not want to go. But do I have some rights to at least defer the transfer until I can settle matters here ? I was just told on a Friday and said to leave for Cagayan de Oro on the following week's Tuesday or Wednesday with no clear time when I can be transferred back.