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salary demotion

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1 salary demotion on Thu Aug 20, 2015 3:32 pm

Dear Sir,

My husband is currently on leave due to unsolve labor case.
1. Demotion on rank
2. Demotion on Salary
3. Constructive dismissal

Under negotiation ang payment sa 26 years of his service. If ma delay ang payment kasi wala ang signatories sa tseke, papasok pa po ba sya ulit while waiting for his payment, just in case pumayag sa agreed amount?

Ayaw na rin po kasi nyang pumasok due to mistrust in his employer. Paano po kung sadyaing
idelay ng company ang payment?

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2 Re: salary demotion on Thu Aug 20, 2015 4:21 pm


Reclusion Perpetua
Hindi pwede pumasok kung walang approval.

Pwede naman pumunta sa opisina para mag follow up kunsakaling magkasundo.

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3 Re: salary demotion on Fri Aug 21, 2015 7:21 am

Dear sir, ung unsolve cases po na na mention ko po , assume Lang po Ito dahil nasa HR po ako. Sabi din po sa akin ng manager ko, Malakas ang Laban sa labor, gusto ko Lang po ng second opinion dahil wala pa naman po kaming sinampa sa labor.
Nang nag baba po ng memo ang company ng husband ko ng January 2015 demoted po sya due to inefficiency fom lead man to mechanic operator . Ginampanan po Nya dahil wala naman syang choice . Sabi po sa company nya, under evaluation sya for 6 months. After 5 months , May 2015 naka receive ulit sya ng memo na inefficient sya at walang improvement. Sa side po naman Nya, wala naman po siyang nakitang performance evaluation na pwede ng magpakita ng result ng kanyang performance. Birmingham po siya ng bagong set ng uniform na pang operator nalang at pinagbawal na isuot yung pang lead man na uniform.
Kinausap po ng husband ang asst manager at sinabi nyang mag ealy retirement nalang po siya Kung ganito na ang working treatment sa kanya. Dahl po sya ay 26 years in service na, at 53 years old na, naku usap po siya na bayaran nalang sya sa 25 days per year of service.
23 days po ang binibigay sa kanya, Nung ayaw po niya ng pumayag, sinabi po ng asst manager na pa padala nalang sa bahay ang memo ng demotion in pay, from 650 per day ang salary, down to 500 per day nalang.
Nag leave po ang husband ko para di ma AWOL habang nagpa tanong kami sa mga kakilala Kung may Laban kami sa labor.
Natatakot kami dahil sabi po ng iba pag malalaking company na, may mga contact na sa labor at may posibleng matalo Pa kami.
May chance po ba kaming manalo at maibigay ang gusto naming 25 to 30 days per year of service ? Tama po ba yung mga ground na nasabi ko Nung una? Nasabi din po sa akin na yung issue sa uniform Nya ay may dapat na grounds din against sa company? Tama po ba kami?
Salamat po ng marami.

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4 Re: salary demotion on Mon Aug 24, 2015 8:51 am


Prision Correccional
When he was given memo re: demotion, was he given the chance to explain his side on the alleged inefficiency?

Concept of Demotion
There is demotion where there is reduction in position, rank or salary as a result of a transfer. (Philippine Wireless, Inc. [Pocketbell] vs. NLRC, G. R. No. 112963, July 20, 1999).

There is demotion when an employee occupying a highly technical position requiring the
use of an employee’s mental faculty, is transferred to another position where she performed mere
mechanical work - virtually a transfer from a position of dignity to a servile or menial job. (Blue
Dairy Corporation vs. NLRC, G. R. No. 129843, Sept. 14, 1999).

Management Prerogative
Generally, demotion is allowed as a valid exercise of management prerogative, often as a consequence of an employee’s failure to comply with company productivity standards.  (Leonardo vs. NLRC, June 16, 2000 and Fuerte vs. Aquino, June 16, 2000).

Further, the employer has the right to demote and transfer an employee who has failed to observe proper diligence in his work and incurred habitual tardiness and absences and indolence in his assigned work. (Petrophil Corporation vs. NLRC, G. R. No. L-64048, Aug. 29, 1986).

Twin Notice Requirement
While an employer may demote an employee for valid reasons, it must first comply with the twin requirements of notice and hearing. This is because a demotion affects the employment of an employee, whose right to continued employment under the same terms and conditions, is likewise protected by law.  (Floren Hotel vs. NLRC, May 6, 2005)  Demotion, like dismissal or termination from employment, is in the nature of a punitive action, which an employee should be given a chance to contest.

Simply put, even the employer’s right to demote an employee requires the observance of the twin-notice requirement. (Floren Hotel vs. NLRC, G. R. No. 155264, May 6, 2005).

Does the memo stated specific circumstances why your husband was inefficient in his job as a Lead Man?  Did they provide proof of his inefficiency other than mere conjectures?  Was there any company productivity standards required under the Lead Man position?

In your husband's 26 years of service with the company, was he ever subjected to any disciplinary action or was his attention called for any company rules infractions (aside from the recent demotion)?

Another question, meron ba silang retirement plan? Mas malaki ba ang makukuha nya kapag nag-retire sya upon reaching the retirement age rather than applying for early retirement? If so, then something is fishy here.  

If you believe that there was no just cause for the demotion of your husband in addition to the fact that he was not afforded due process in his demotion, then he can go to NLRC and file a case for constructive dismissal arising from demotion without due process.  Specially so since you mentioned that there was no performance evaluation to sustain their allegation of inefficiency.

The information contained herein is only an opinion of the author and can be used for general information purposes only. I  make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the information for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will I be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from,  out of, or in connection with, the use of this information/opinion.

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