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.