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Salary Cap and Forced Promotion

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1 Salary Cap and Forced Promotion on Sun Aug 04, 2013 5:43 pm


Arresto Menor
Hi.  I am working for a BPO company as an entry level associate.  The company has been promoting our ranks to a position we are not comfortable with, saying that is the path for growth for the entry level position and the way to a managerial post is through it.

This move by the company was unpopular.  It received a lot of refusal and criticism so the management has piped down on it.  However, recently, the management has implemented a salary cap even for entry level positions.  I presume this is done to make sure that people will want to move to the next rank.  Is this valid?

Also, I have peers who have been considered to be in floating status because the function they were doing has been moved to the US.  They have been reinstated to their previous role for the time being.  This movement is a lateral transfer but in 2 months, they will be forcefully promoted to the position nobody wants.

They have not signed anything yet that would tag them with a floating status.  They also have been continually working after their function has been moved to the US.  If they are considered in floating status can they refuse this promotion?  What are their options?

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2 Re: Salary Cap and Forced Promotion on Sun Aug 04, 2013 6:16 pm


Arresto Menor
I know that there exists a jurisprudence about forced promotions being not legal, Helmut Dosch VS Northwest Airlines. But is this absolute and will apply to any case of forced promotion? Is there an exception to this? Is my case an exception?

Can you site a published document or another jurisprudence? I hope someone can help me on this.

Thank you.

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3 Re: Salary Cap and Forced Promotion on Tue Aug 06, 2013 7:05 pm


that's already a good case to cite. there is no legal obligation to accept a promotion.

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