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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 Today at 2:30 am

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