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Demotion of position

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1 Demotion of position on Wed Nov 21, 2012 4:38 pm

stargazer


Arresto Mayor
Is it legal in Philippine labor law for position demotion? Sample is from manager to supervisor. Assuming salary and benefits will be the same. Thanks in advance for comments and answers.

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2 Re: Demotion of position on Thu Nov 22, 2012 12:20 pm

Patok


Reclusion Perpetua
Demotion is allowed in the labor code provided there is due process. It is similar to termination, so the procedure should be the same, there should be 2 written notice, a hearing, and a decision. Failure to comply with that, you can file a case at NLRC.

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3 Re: Demotion of position on Thu Nov 22, 2012 4:33 pm

stargazer


Arresto Mayor
Thanks for your advice Patok Very Happy

Patok wrote:Demotion is allowed in the labor code provided there is due process. It is similar to termination, so the procedure should be the same, there should be 2 written notice, a hearing, and a decision. Failure to comply with that, you can file a case at NLRC.

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4 Re: Demotion of position on Sat Dec 01, 2012 12:38 pm

fcruz


Arresto Menor
i think what is important is that you benefits remains the same both for cash and non cash benefits. But there are benefits that are related to position like fringe benefits for managerial role is not the same for supervisor role , so as long as you can negotiate those things to be the same then accept it, fewer responcibilities with same cash/non cash benefits i think is more favorable

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5 Demotion on Tue Feb 05, 2013 10:00 am

Cris Carl


Arresto Menor
Hello!

Just want to clarify, One of our employee had been demoted and her salary is lowered down. The management issued her a notice to explain stating the two violation of insubordination and disrespect to superior both with 7 days suspension penalty in company's table of penalty in their code of conduct. Now when the employee gave her explanation letter she was given also a chance to be heard, where I have known that she also admitted that she was at fault. When the disciplinary action and demotion was served to her, she refused to sign the letter telling that the management is of no right to demote her, and that all she know is that she will be suspended for 7 days as she based this in the table of penalty. Now, did the company followed the rule when it comes to demoting that employee or not?

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6 Re: Demotion of position on Tue Feb 05, 2013 1:08 pm

Patok


Reclusion Perpetua
Yes, i think the company followed the rules. If the employee doesn't agree she can contest it.

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7 Re: Demotion of position on Tue Feb 05, 2013 3:32 pm

Cris Carl


Arresto Menor
Thanks patok . . Smile

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8 Re: Demotion of position on Mon Jun 10, 2013 4:51 am

Dark_Hollow


Arresto Menor
I was put on float last April. I used all of my leave benefits up since there's no pay during floating status. Now I was just reinstated to an Account Executive from a Team Lead position. So basically I'm back to an agent. They never changed my basic salary. But the thing is I was like demoted. It seems that they had to reinstate me because they could be worried about the length of my floating status or temporary retrenchment. I was put on float twice. The first one was last year. The campaigns that I used to handle get pulled out. I have no performance issues. I even get awarded for being the best Team Lead. I really don't think it would be fair for me to be put in that position. Is this even legal?

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9 Re: Demotion of position on Mon Jun 10, 2013 9:23 am

Patok


Reclusion Perpetua
as you said, there was no decrease in salary.. so it's either that or if you're not happy, then you can always resign.

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10 Re: Demotion of position on Thu Aug 06, 2015 8:56 am

villalinom


Arresto Menor
My head texted me to report to her last August 4, 2015, and during our conversation she told me that i will be demoted based on the performance evaluation conducted last june 2015 and that I'm to vacate my post by August 14, 2015. Is it right that just because I belong to a Memorandum of Agreement (MOA) worker i can be demoted any time with out prior notice & hearing?thnx

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11 Re: Demotion of position on Mon Mar 19, 2018 1:35 pm

jonpugon


Arresto Menor
Hi. I work at a BPO company as Subject Matter Expert and due to business needs, they had to decrease the number of SME's. I was advised that I would be included since my scores are failing the past 3 months, and this would be effective the next day! May salary would not decrease but there would be a demotion in rank. I believe that I'm being demoted without due process. Can I file a complaint in NLRC? Please advise.

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12 Re: Demotion of position on Mon Mar 19, 2018 1:57 pm

Patok


Reclusion Perpetua
Unless they decrease your salary, there is no demotion. If you are not happy, you can always resign.

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13 Re: Demotion of position on Mon Mar 19, 2018 5:46 pm

attyLLL


moderator
you can contest it at nlrc, but the position of the company might be upheld if they can prove that you were deficient in performance


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14 Demotion on Wed Mar 21, 2018 3:59 am

Yuri2016


Arresto Menor
Hi,

So here is my story. I was hired last feb 1 as a manager, at the same time as my director and am still currently serving my probationary status. So here is the sad part, since I started here I got sick 2 times already and was forced to go on an unpaid leave for 2 days each. 1st reason was for sore eyes/conjunctivitis wherein there was no issue and i submitted every medical requirement they need. 2nd reason was for a toothache, which is one of the 2 things i wouldn't want to have but need to go through it. Anyways, I was late on informing my director that I won't be able to come to work, only informed him during the 2nd day that I wouldn't be able to work this was due to the following reasons which you might think as subpar. The first reason was that I was on a prepaid mobile and had no load at that time nor internet at home due to PLDT having a problem. I still have the reference number for our complaint when my brother called PLDT and he gave the reference number incase they called as I will be the only one left at home due to me having some dental problems, and 2nd was that I was really too weak to move and buy load as I couldn't eat at all as my face was really swollen. Anyways, I was forced to come back to work when my director asked me on skype "what time are you coming in?" but before that I had to endure tooth removal even if it was still swollen and it hurts so much. As I was on my way to work I received some chats from him saying that If I wouldn't be available to the people under me 24/7 than I might be not fit for the position. When I came in, I had my unpaid leave form signed with accompanying dental certificate, receipts and prescriptions than he went to a meeting. After the meeting he called me out of the office to talk to me as we are only a small office and had nowhere to talk during personal meetings and told me that if you can't be reachable 24/7 than you might not be for the job and I might change you to a senior role. I thought that it was just a warning, so I came in today and saw that on the schedule I was demoted a rank lower as a senior analyst. HR nor my director has yet to confirm this to me but what actions can I do in case this happens? And to think that I am still on probationary status. When we also started out he told me that some of the employees under me had higher salaries and that he would want to renegotiate their salaries though nothing has been mentioned to me by my HR on that matter but I am also getting scared that it might happen to me.

Btw, since the director arrived he already asserted his power by firing 3 employees and moving 2 others to a different department without any just reason aside from that he did not need them in his team. HR just made it up that it was a redundancy issue and as their manager, I was only informed about this 3 days before the firing and I was to be the one in the room with the employees that will be fired and not him.

Hope to get a reply ASAP as I don't know what to do in this case. I am thinking of talking to a lawyer soon before they confront me which I think will happen soon as all of the signs point to it.

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15 Re: Demotion of position on Wed Mar 21, 2018 7:30 am

mikos23

avatar
Reclusion Perpetua
If you are on Probationary Status as a manager, and your superior deemed you are not fit to be one, you can be returned to the previous level that you are in.

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16 Re: Demotion of position on Sat Mar 24, 2018 2:11 pm

attyLLL


moderator
Yuri, a demotion is a serious disciplinary action. you should have been afforded due process, but confirm it first with your HR


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17 Re: Demotion of position on Tue Mar 27, 2018 12:00 am

arnoldventura


Reclusion Perpetua
Due process applies even in demotions. https://www.alburovillanueva.com/know-demotion-employees Your employer should have observed the twin notice requirement like in the case of dismissals.

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