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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Demotion with due process

Demotion with due process

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1Demotion with due process Empty Demotion with due process Fri Jun 08, 2018 1:52 pm

Anabantog


Arresto Menor

Good afternoon po. Please advise if the labor code allows for demotion (with lowered rank and diminution of salary/benefits) given that due process was observed, for both performance deficiency and misconduct cases? Salamat po in advance.

2Demotion with due process Empty Re: Demotion with due process Fri Jun 08, 2018 4:35 pm

arnoldventura


Reclusion Perpetua

Demotion is allowed as a penalty. Termination is even harsher, but allowed for the gravest of offenses. Since due process is observed, the company may proceed if it truly believes that demotion is the most appropriate penalty for the employee's misconduct and poor performance. https://www.alburovillanueva.com/know-demotion-employees

3Demotion with due process Empty Re: Demotion with due process Fri Jun 08, 2018 4:49 pm

Anabantog


Arresto Menor

Thank you, Sir Arnold. Medyo na confuse po kasi ako sa article 100 that prohibits the elimination or diminution of benefits, pwera na lang if the benefit is contingent on certain preconditions...to me this sounds like fringe benefits that are tied to the position, but the salary, once given, is bawal na bawasan?

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