transfer of assignment

Good day!

Need legal advice please help...


Reason of transfer to branch and change of position as XXXXXXXX per resolution:

failure to perform duties such as the following:

[a] failure to coordinate works with the manager and co-employees;
[b] failure to coordinate with, and monitor the External Auditor

(WHICH WERE APPEALED)


In a separate resolution:

WHEREAS, effective (date), XXXXXXXX is transfered to branch office as an XXXXXXXX;

...in addition to the duties and responsibilities as an XXXXXXXX directed to prepare and submit the reportorial requirements(of the previous assignment)

Can the management force him/her to accept the additional responsibility?

Is there a law protecting employees with this kind of situation?


Regards.

does this amount to a demotion? is there a reduction in pay or lowering of rank? where was the previous position and where is the branch?

much depends on the circumstances. nevertheless, it is part of the management prerogative to assign an employee wherever it deems necessary as long as it is justified and there is no bad faith in doing so.

if the transfer is amounts to a demotion, then it may be questioned as a constructive dismissal.

the remedy is to file a complaint at NLRC.

thank you attyLLL for you immediate response

it was a demotion in rank with the same pay but without the privilege of the previous position

the previous position is in the head office and the new assignment is in the branch

Ang concern po is yung additional duties na dinadagdag sa current assignment ay duties ng previous position, pwede po ba nila i-insist na tanggapin ko yun? Nung matransfer po humingi ako ng traveling allowance kasi malaki ang nadagdag na gastos sakin sa pamasahe considering nung i-hire nila ko alam nila na kaya ko tinanggap dahil sa proximity ng inuuwian ko sa opisina,na disapprove po yung request ko for the traveling allowance...

Pareho pa rin po ba ang remedy?

Regards.

So this demotion and transfer is a punishment? what privileges did you lose?

travel allowance is not required to be paid by the company when, for example, the previous and new locations are both in metro manila. if outside, then the normal practice is to give a one-time relocation allowance.

what you can question is the basis for the demotion, and if this is being done to get you to resign. yes, the remedy is a complaint at the nlrc.

atty.

how about the additional duties they are imposing? can they force me to accept them?

thank you...

is it a terrible burden to do so? do you think they are doing so to make you resign?

if so, you can write a letter to management stating that you believe that the imposition of the additional duties is tantamount to constructive dismissal which you will question in nlrc. hopefully this will make them rethink their decision.

yes it is a burden because my license is at risk... one of my officemates told me that their real intent is to make me resign...

thank you atty.

again, my advice is you write the letter to management. good luck.

atty. I already sent them a letter, I am now waiting for their response... how long should I wait and when will my right to sue prescribe?

thank you in advance

send a follow up letter after 2 weeks. if you will opt to stay in the company and file a case for illegal demotion, you should do it within a year since the demotion. if your leave you have 3 years, but i recommend you file it quickly.

good day atty.

finally after several months they decided to talk to me and hear my side, we have agreed on several conditions, i'm hoping they will honor that agreement...

just in case they will violate it, what is my remedy?

regards.

it depends on the violation, but still it's either dole or the nlrc which can provide resolution. good to hear that you were able to work something out.

thank you atty. your advices are very much appreciated...

i need some advice on this transfer of work assignment, currently my work (real estate co.)assignment is near my rented house and just two rides away, now we are about to be transfer to our head office in makati which is 6 rides away, this is very inconvenient for me and i'm afraid i will not be able to report on time, the company dont give any additional pay or allowances in this cases and surely my takehome pay will be diminished. I been thinking that this is a constructive dismissal and has come to my mind of resigning, but work is so difficult to find this days, i need your advice on this, i dont know what to do.

that does not sound like the transfer was designed to make you resign. a company has the right to transfer.