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Is this INSUBORDINATION?

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1 Is this INSUBORDINATION? on Fri Jan 14, 2011 7:43 pm

ilovetiggerdear


Arresto Menor
I have been working for just a year as a staff nurse in a private hospital in Laguna when I was "offered" a promotion to be the Head Nurse in our department. In most companies, a promotion is almost always a reason to celebrate but in our company, well let's just say it's not something one should be proud of. Anyway, I do not want to accept the offer but I'm afraid that my refusal=insubordination=termination. Can I do something to protect myself from being fired? Or I really don't have choice but to accept the promotion? Btw, the owner of the said hospital is the one ordering me to be the next head nurse.

Thanks for the help Smile

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2 Re: Is this INSUBORDINATION? on Sat Jan 15, 2011 3:22 am

council


Reclusion Perpetua
An employee has the right to refuse promotion. There is no law which compels an employee to accept a promotion. Promotion is in the nature of a gift or reward. Any person may refuse to accept a gift or reward. Such refusal to be promoted is a valid exercise of such right and he cannot be punished therefor. (Dosch vs. NLRC, G. R. No. 51182, July 5, 1983; See also Erasmo vs. Home Insurance & Guaranty Corporation, G.R. No. 139251, Aug. 29, 2002).

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3 Re: Is this INSUBORDINATION? on Sat Jan 15, 2011 11:44 am

ilovetiggerdear


Arresto Menor
^^Thanks COUNCIL! So what legal action can I do now? I have already verbally refused the offer as well submitted a letter of refusal. What else can I do to protect myself from possible termination?

The owner of the hospital already threatened one of the employees that he can file a case of insubordination against him/her for refusing the said promotion.

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4 Re: Is this INSUBORDINATION? on Sat Jan 15, 2011 12:15 pm

attyLLL


moderator
write a letter to your employer stating that you are respectfully refusing the promotion. keep a copy


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5 Re: Is this INSUBORDINATION? on Sat Jan 15, 2011 12:28 pm

ilovetiggerdear


Arresto Menor
I have already written a letter of refusal. What else can I do if they still insist that I accept the promotion? What other legal basis can I use for refusing the offer?

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6 Re: Is this INSUBORDINATION? on Sat Jan 15, 2011 12:37 pm

attyLLL


moderator
as council stated, they cannot force you to accept it. if they terminate you, then you have a valid cause for an illegal dismissal case.


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7 Re: Is this INSUBORDINATION? on Sat Jan 15, 2011 1:11 pm

ilovetiggerdear


Arresto Menor
But they can file a case of insubordination for willfully disobeying an order of promotion? Thanks for your patience in answering my queries.

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8 Re: Is this INSUBORDINATION? on Sat Jan 15, 2011 2:06 pm

attyLLL


moderator
your employer can certainly initiate internal proceedings to terminate you. you should be given notice and an opportunity to explain. if in spite of your arguments you are terminated, then your recourse is to file a complaint at nlrc


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9 Re: Is this INSUBORDINATION? Today at 6:18 pm

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