CONSTRUCTIVE DISMISSAL in a Call Center? Please advice.

Hi Attorneys,

Situation: We have a new CEO in our call center who reviewed our contract with the client and as per management the CEO found out that their is an excess in the ratio of supervisors and QA analysts versus that of
the agents taking calls in the operations.

Action Taken by the management: Excess supervisors and QA Analysts took calls 8 hours every shift with 1 hour break. Soon these excess will be measured in terms of their proficiency by a new set of score metrics since they are now taking calls, diffrent from the score metrics they used to have when they were still supervisor and/or QA Analysts.

Questions:
1. Does the situation these supervisors and QA Analysts are now in be tantamount to be under constructive dismissal?

2. They used to be part of the staff of the company being supervisors and QA, and now they are taking calls like regular agents, does it merit 'demotion in rank'? There were no changes in their salary though but they now have new tasks to perform.

3. Can the transfer be challenged as 'unreasonable, inconvenient, and prejudicial'?

4. Can we challenge the employer on its ground for doing so? Granted that we will, how strong will be our case should the employer present their rights to transfer or change assignments with their employees?

Thank you in advance for your time.

in constructive dismissal, the key question is whether the employer intends that the employee should lose interest in working and resign on his own. mere demotion is not enough, it should be coupled with an intentional design.

that said, this can be considered an illegal demotion, but note that the alternative is termination with separation pay.

Thanks Atty. for the prompt response.

We cannot provide sufficient facts of an intentional design since yung mga staff na nag ta-take na ngayun ng calls are still willing to come to work. Ang sabi po kasi ng management is they will be taking calls 'until futher notice', does this bear any legal repercussions? Illegal po ba talaga ang ginawa ng employer to let these excess staff take calls?

attyLLL wrote:in constructive dismissal, the key question is whether the employer intends that the employee should lose interest in working and resign on his own. mere demotion is not enough, it should be coupled with an intentional design.

that said, this can be considered an illegal demotion, but note that the alternative is termination with separation pay.

Atty - how to prove intentional design?

from Quality Assurance due to over staffing i was also asked to take 7.5 hours of calls like regular agents Although i understand the situation of the business i feel like they handled our situation with insensitivity from the job of a QA my responsibility is reduces to the job of an agent. I feel they gravely abused their prerogative to move people around I find my new job humiliating and difficult as it's been awhile since i took 7.5 hours of phone time

from Quality Assurance due to over staffing i was also asked to take 7.5 hours of calls like regular agents Although i understand the situation of the business i feel like they handled our situation with insensitivity from the job of a QA my responsibility is reduces to the job of an agent. I feel they gravely abused their prerogative to move people around I find my new job humiliating and difficult as it's been awhile since i took 7.5 hours of phone time