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legality of having 2 job positions with same job description but different job requirements

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apex prey


Arresto Menor
Our company is opening up a new position whose job description is 90-100% similar to ours. However the requirement for the new job position is different from what we are hired now.

Specifically the new job's minimum requirement is having atleast 2 year technical course + 2 years related work experience. Our job position however minimum requirement is having a diploma in some specific engineering courses. The two position are expected to work together doing the same job.

My concerns are the following:

1. Can the move will eventually lead me to become technically underemployed, over qualified for the position?
2. can the company legally turn this move into a position redundancy and my position becoming obsolete leading me to job losses?
3. is it legal for the company to have a variety of job requirement for the same task/job description

thank you very much

sorry for my grammar

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tsi ming choi


Reclusion Perpetua
In all querries, YES, it is a valid exercise of management prerogative.

Now, the burden will shift on you to prove that, that "scheme" is a manipulation of your current position that eventually lead to termination of your service based on redundancy.

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apex prey


Arresto Menor
Thanks for the answer.

Follow up question.

What type and what quality of specific evidences ones need to prove that such "scheme" is not done in "good faith" by the company?

Thanks again

Please forgive my grammar.

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tsi ming choi


Reclusion Perpetua
Since this is an administrative case, a Substantial evidence is needed, which means, such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

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