Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

transfer of assignment

View previous topic View next topic Go down  Message [Page 1 of 1]

1 transfer of assignment on Wed Oct 13, 2010 4:54 pm

regit_jill


Arresto Menor
Good day!

Need legal advice please help...


Reason of transfer to branch and change of position as XXXXXXXX per resolution:

failure to perform duties such as the following:

[a] failure to coordinate works with the manager and co-employees;
[b] failure to coordinate with, and monitor the External Auditor

(WHICH WERE APPEALED)


In a separate resolution:

WHEREAS, effective (date), XXXXXXXX is transfered to branch office as an XXXXXXXX;

...in addition to the duties and responsibilities as an XXXXXXXX directed to prepare and submit the reportorial requirements(of the previous assignment)

Can the management force him/her to accept the additional responsibility?

Is there a law protecting employees with this kind of situation?


Regards.

View user profile

2 Re: transfer of assignment on Wed Oct 13, 2010 7:30 pm

attyLLL


moderator
does this amount to a demotion? is there a reduction in pay or lowering of rank? where was the previous position and where is the branch?

much depends on the circumstances. nevertheless, it is part of the management prerogative to assign an employee wherever it deems necessary as long as it is justified and there is no bad faith in doing so.

if the transfer is amounts to a demotion, then it may be questioned as a constructive dismissal.

the remedy is to file a complaint at NLRC.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: transfer of assignment on Thu Oct 14, 2010 11:06 am

regit_jill


Arresto Menor
thank you attyLLL for you immediate response

it was a demotion in rank with the same pay but without the privilege of the previous position

the previous position is in the head office and the new assignment is in the branch

Ang concern po is yung additional duties na dinadagdag sa current assignment ay duties ng previous position, pwede po ba nila i-insist na tanggapin ko yun? Nung matransfer po humingi ako ng traveling allowance kasi malaki ang nadagdag na gastos sakin sa pamasahe considering nung i-hire nila ko alam nila na kaya ko tinanggap dahil sa proximity ng inuuwian ko sa opisina,na disapprove po yung request ko for the traveling allowance...

Pareho pa rin po ba ang remedy?

Regards.

View user profile

4 Re: transfer of assignment on Thu Oct 14, 2010 6:40 pm

attyLLL


moderator
So this demotion and transfer is a punishment? what privileges did you lose?

travel allowance is not required to be paid by the company when, for example, the previous and new locations are both in metro manila. if outside, then the normal practice is to give a one-time relocation allowance.

what you can question is the basis for the demotion, and if this is being done to get you to resign. yes, the remedy is a complaint at the nlrc.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: transfer of assignment on Sun Oct 17, 2010 7:12 pm

regit_jill


Arresto Menor
atty.

how about the additional duties they are imposing? can they force me to accept them?

thank you...

View user profile

6 Re: transfer of assignment on Mon Oct 18, 2010 8:17 pm

attyLLL


moderator
is it a terrible burden to do so? do you think they are doing so to make you resign?

if so, you can write a letter to management stating that you believe that the imposition of the additional duties is tantamount to constructive dismissal which you will question in nlrc. hopefully this will make them rethink their decision.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

7 Re: transfer of assignment on Wed Oct 20, 2010 2:00 pm

regit_jill


Arresto Menor
yes it is a burden because my license is at risk... one of my officemates told me that their real intent is to make me resign...

thank you atty.

View user profile

8 Re: transfer of assignment on Fri Oct 22, 2010 6:30 pm

attyLLL


moderator
again, my advice is you write the letter to management. good luck.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

9 Re: transfer of assignment on Wed Nov 10, 2010 1:08 pm

regit_jill


Arresto Menor
atty. I already sent them a letter, I am now waiting for their response... how long should I wait and when will my right to sue prescribe?

thank you in advance

View user profile

10 Re: transfer of assignment on Thu Nov 11, 2010 3:40 pm

attyLLL


moderator
send a follow up letter after 2 weeks. if you will opt to stay in the company and file a case for illegal demotion, you should do it within a year since the demotion. if your leave you have 3 years, but i recommend you file it quickly.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

11 Re: transfer of assignment on Thu Dec 09, 2010 11:55 am

regit_jill


Arresto Menor
good day atty.

finally after several months they decided to talk to me and hear my side, we have agreed on several conditions, i'm hoping they will honor that agreement...

just in case they will violate it, what is my remedy?

regards.

View user profile

12 Re: transfer of assignment on Thu Dec 09, 2010 4:59 pm

attyLLL


moderator
it depends on the violation, but still it's either dole or the nlrc which can provide resolution. good to hear that you were able to work something out.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

13 Re: transfer of assignment on Fri Dec 10, 2010 12:55 pm

regit_jill


Arresto Menor
thank you atty. your advices are very much appreciated... Very Happy

View user profile

14 Re: transfer of assignment on Mon May 09, 2011 2:18 pm

shylock


Arresto Menor
i need some advice on this transfer of work assignment, currently my work (real estate co.)assignment is near my rented house and just two rides away, now we are about to be transfer to our head office in makati which is 6 rides away, this is very inconvenient for me and i'm afraid i will not be able to report on time, the company dont give any additional pay or allowances in this cases and surely my takehome pay will be diminished. I been thinking that this is a constructive dismissal and has come to my mind of resigning, but work is so difficult to find this days, i need your advice on this, i dont know what to do.

View user profile

15 Re: transfer of assignment on Mon May 09, 2011 5:31 pm

attyLLL


moderator
that does not sound like the transfer was designed to make you resign. a company has the right to transfer.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

16 Re: transfer of assignment Today at 4:15 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum