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TRANSFER, DEMOTION OR CONSTRUCTIVE DISMISSAL?

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1 TRANSFER, DEMOTION OR CONSTRUCTIVE DISMISSAL? on Wed Nov 26, 2014 12:56 pm

jhobarloso


Arresto Menor
Hi.

I am currently working in a BPO company for 15 months now, to be exact.

What happened was the management suddenly informed us that we will be transferred to a new account. We work dayshift and we'll be transferring to nighshift. Plus the fact that the management informed us late, (today is 11/26/2014 our shift is 12PM to 9PM and we'll be transferred tomorrow night to the new account 11/27/2014 7PM to 4AM shift) Our tech allowance from the client will be removed which is 2k non-taxable and night differential will replace it.

The only information that we know is that the account that we will be transferred to needs more people and our account is over staffed. But it doesn't changed the fact that they just hired 13 new employees to our account.

Another factor that I'm looking into is about tenure-ship. We are part of the wave 1, part of the group who launched the account, is this reasonable?

They gave us two days to decide, until now, we don't know what will happen when we go to work on Friday. What are our rights?

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council


Reclusion Perpetua
Management has the right to reassign its employees.

I do not see any diminution of benefits on this.

Tech allowance is usually attached to the account so it is reasonable to remove it when moved to a different account.

I do not see any issue about seniority or tenure. Your hiring date does not change.

You are still obliged to follow the instructions of your company.

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jhobarloso


Arresto Menor
Thanks for the reply.

I understand our obligation to follow the company rules, but we were not given notification about it. It was so sudden.

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jhobarloso


Arresto Menor
and by the way, when will you consider something as an involuntary resignation? we don't want the night shift so we have no other choice but to resign. the reason of the company (our account being over-staffed) while still hiring new employees is unacceptable for us.

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council


Reclusion Perpetua
they gave you 24 hours. that's generally enough time unless your company policy mentions something else.

no such thing as "involuntary resignation" - resignation is always defined as being voluntary.

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