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Lateral Transfer and Illegal Dismissal

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1 Lateral Transfer and Illegal Dismissal on Tue Jul 02, 2013 12:19 pm


Arresto Menor
Im working as a Sales Representative for almost 6 years in a BPO company. From January to March of 2013 I rendered Sick leave for 3 months in our company because I was diagnosed with nodule in tyroid and need to undergo total thyroidectomy operation.

April of this year I reported in our office.

The quality of my voice was affected by the surgery, So I reported to HR that talking 5 to 7 hours is hard for me, I sent an email of request to be transfer in other department does not require talking or in a clerikal job position like Q. A or Accounting Department, After 2 months HR manager inform me that there is a available position in accounting but I need to undergo a process. They required me to send an Email of intent, updated Resume and even the autobiography. On the 27th of June the HRAD give me the copy of lateral transfer Memorandum that officialy I will be transfer on Accounting department on July 01, 2013. Signed by me and by the HRAD Manager.

But on the said date, the HR Assistant informed me that the apparent companys president has an objection on the lateral transfer. Which I will consult with you guys.

as per HR Assistant this was the rebutal of the companys president.

- She would not allow, transfering of Sales Person in a Admin Support position. (Even if qualified?)

-If he couldnt perform well, Let him resigned. (All of the Sales Rep was evaluated every month, and if we couldnt perform in 3 months they will Terminate people)

I need an advise if I can file this as a case in DOLE or I will just follow what they want. Pls. help me, some of my colleagues has a pending case in DOLE because of illegal dismissal.

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