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Can I ask for a legal advice? Is this a Constructive Dismissal Scenario

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Maximus08


Arresto Menor
Hi Sir/Atty/ Legal Folks/ HR Practitioners

I am working as a technical manager in an IT firm (company A) for 10 years already and my performance has been satisfactory if not above average and there was even a year of excellent. Let me call my position as technical manager X.

Now our company (company A) is merge to its main company(company B) as business unit who bought us 2-3 year ago.
When we got merge last year my position as manager X still exist but my superior assigned me to do sales without asking my opinion or having this documented where affix my confirmation. I accepted this with the consideration that my KPI/KRA will still be the same as I was a technical manager(Manager x) and there will be people in my group. With this another manager(manager  Y) from another group was assigned to do my manager x role.

Last December 2014 my superior asked me to sign the result of my KPI which is no longer aligned to my role and original agreement and I discussed with with her that this was not our agreement but she told me this was already cascaded to the regional office. Force to the wall I sighed with bitterness because the result was low and this tainted my record.

This past month the manager whom I had the communication regarding the said KPI agreement were retrenched together with the manager Y who has handled my position before and I was left alone. Next is the whole company A; now a business unit in company B was moved to another sister company (company C). But in the course of the transfer of the business unit, I was left with the sales group where I am not comfortable since my expertise in the past 15 years is more of a technical person.

I sent a letter to the current management since my appointment papers is still as manager A but their answer was
a. The business unit now moved to company b no longer needs my role.
b. they insisted me to cover sales since this was the info given to them by the previous manager who were already retrenched.

In my notarized job appointment, in my duties and responsibilities its still same as I was manager A. Now here are my questions.
1. Can I resist  and claim back my role as manager A?
2. Will they subject me to insubordination if I resist not to perform the sales role?
3. The company B dissolved the original post and told me that this role(technical manager) that I have in my paper no longer exist, does this mean if I will resist the sales role I am floating in the company?
4. With this case that I have can I complain this to DOLE or Legal as a prelude to the constructive dismissal?
5. Can I ask from one of our forum reader a legal person to help me. I am more than willing to sit down and discuss if necessary just to settle this.

I hope someone on the forum can help.

Regards,

MAX

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HrDude


Reclusion Perpetua
This is NOT constructive dismissal. It's an unfortunate series of events which led to the dissolution of your previous position and the retrenchment of your co-employees.

1. NO, you can't claim back your former post if it was already dissolved. A company is given the prerogative to re-organize and restructure its operation and business.
2. NO, they won't deem your act as insubordination but if you continue not to perform your job, this would tantamount to NEGLECT OF DUTY which is a ground for termination.
3. NO, you are not in floating status as you were directed and appointed to another position (which you accepted) and directed to do another job role.
4. NO, you cannot complain because you have no basis/bases or Cause/s of Action.

If you are not satisfied with your current role/position, you may resign. Lucky you, you still have a job while your previous managers were retrenched. Mere inconvenience on your part does not give rise to Constructive Dismissal.

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Maximus08


Arresto Menor
Hi sir HRdude,

Sir i want to understand my right as an employee. Were does it fall that i was move to this role without my cobsent. I understand the company has the option to move but if its a move were i will fail and not be able to deliver the role because of my capability on this area. By the way yes i accepted but the measure should be the same per my agreement. Mow yhey are changing the measure to something i am not vapable of doing.
1. No support like providing people.
2. No process
3. Kpi is unrealistic

Thank you for the answers.
2.

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Maximus08


Arresto Menor
Hi sir HRdude,

Sir i want to understand my right as an employee. Were does it fall that i was move to this role without my cobsent. I understand the company has the option to move but if its a move were i will fail and not be able to deliver the role because of my capability on this area. By the way yes i accepted but the measure should be the same per my agreement. Mow yhey are changing the measure to something i am not vapable of doing.
1. No support like providing people.
2. No process
3. Kpi is unrealistic

Thank you for the answers.
2.

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HrDude


Reclusion Perpetua
Again, management has the prerogative to re-allign, restructure and reorganize a company. It can even abolish a position. All all these does NOT need the consent of the employee/s affected. As long as these are not done to circumvent the law and done in good faith, all are valid.

If you feel aggrieved by the changes, you can complain. You also have all the right to file a complaint with the DOLE/NLRC. But do you have "legal basis" to file? I think not.

Best is to talk to your management and see their side on the matter so as not to burn bridges.

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