Demotion of Rank (BPO)

Hi,

My husband and I work in a bpo industry. We both got promoted in that company and after 2 years of staying on that account, the client decided to pull out the account. I was transferred to a different Account retaining my post however my husband will be transfered back as an agent. He is an Academy Bay Coach (a person training reps who just graduated from training and prepare them for production) He is technically part of training and not production (though for several months was helping production as per his boss's approval) so he went to their training manager and inquire what will be their status, they were advised that they will be transfered to a different account but as reps. In this case my husband will be demoted but his salary will be retained.They also ask if they accept that an a new opening for the same post is available, will that be offered to them, they were told they have to go through screening again which is not acceptable. is demotion of rank can be considered as constructive dismissal since it is demoralizing on my husbands part that he worked hard to be promoted and he will just be demoted with no valid reason and has to apply again for the same position once it opens? and it's not his fault that the clients pulled out the account and the company can't find him an account that can retain his position or just transfer him with a same level position? or if it is not posible can he demand separation pay?

it's not the ideal situation, but i would say that if you brought the matter to be decided upon by the nlrc, then I would place my bet that the arbiter would find for the company.

if i were the company's lawyer, i would recommend that your husband be placed on floating status without pay until there is an opening for a position he is willing to accept.

thank you for your immediate response Atty, my husband and I will wait on monday for the management decision, if in case they decided to transfer him as and agent which will be considered as a demotion then I might just take this to nlrc. For floating status, will that also be considered as constructive dismissal? I understand that the company has max of 6 months to place my husband in floating status and should reinstate him or give him full backwages if not reinstated? The company has a lot of position open, not for his specific position but of same level, I just don't know why they have to open it for other applicants if they know that they have employees with positions but are on floating status. one of my colleagues who has the same issue as my husband already gave up and transfered to another company, they are being demoted without company valuing their contributions and tenure. Hope you can enlighten me on this atty.

Good day, i am working for a bpo company as a level 2 technical support associate, aug 3rd a meeting was held for our team coordinated by the site director and operation managers, they informed us that our services are not needed and we would be transferred to a different account, salary and benefits would be the same except for the rank which we will be demoted to a level 1 position and the inconvenience of the location. At first we were told that they will be setting up interviews for us on the available accounts so we could have options. In the end they are telling us that this specific account is the only available one that they have and forcing us to transfer to that account, they also told us that we wont be signing or given any papers as proof of the said changes or transfer to that account. I was ready to go on a floating status now they are not giving us the option they have offered in the first place. Please help us.

as long as there's no diminution of salary and seniority, imo, you can be validly transferred to the new account