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I was transferred from pangasinan to quezon city

4 posters

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melvin


Arresto Menor

gud evening. Im working as a bank teller here in pangasinan. I received a memo from the head office in manila transferring my work assignment in Quezon City. I dont want to work away from my family and I cant afford to go home to my province every weekend. If I disobey the order, will that be a ground for my dismissal? I dont want to lose my job and I dont want to be away from my family either.

thanks

melvin

fbsensei

fbsensei
moderator

Melvin,
The transfer of an employee from one station to another is ordinarily considered as a prerogative of your employer. This is especially true in service oriented enterprise, such as banks, in order to satisfy its clients or to obtain reasonable return of its investment.

If you disobey the memo, that can be considered as Insubordination which is a ground for termination under our labor laws (Article 282).

But here's a kicker: Transfer of employees will amount to constructive dismissal when the same is unreasonable, inconvenient, or prejudicial, and it involves a demotion in rank or diminution of salaries, benefits and other privileges. If your case fall under this types of "transfer", you need to consult your lawyer.

On a practical note: if you bank has an existing union, you may ask for their assistance to negotiate mutually advantageous terms between you and your employer.

prettylaw

prettylaw
Arresto Mayor

fbsensei is correct. I researched a a case related to transfer of workers.

In Veterans Security Agency v. Vargas, GR No.159293. 16 December 2005, the Supreme Court held that It is the inherent prerogative of an employer to transfer and reassign its employees to meet the requirements of its business. Be that as it may, the prerogative of the management to transfer its employees must be exercised without grave abuse of discretion. The exercise of the prerogative should not defeat an employee's right to security of tenure. The employer’s privilege to transfer its employees to different workstations cannot be used as a subterfuge to rid itself of an undesirable worker
study

admiral thrawn

admiral thrawn
moderator

it smells and feels like 'constructive dismissal' to me. affraid

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