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Transfer of Shift

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1 Transfer of Shift on Wed Sep 14, 2016 5:44 pm


Arresto Menor
Good day!... I'm currently employed in a BPO (operates 24 hours a day and 7 days a week), on July 23, 2016 our Doctor advised me to undergo Medical check up since he suspected I have Arrhythmia (irregular heartbeat and skipping of heartbeat) he advised my supervisor that anytime I could have a cardiac arrest.
After 2 weeks, the doctor told my supervisor that I'm not fit to work on a night shift... my supervisor sent medical certificate to HR to look on my situation... After 2 weeks HR found an LOB (line of Business) that will have a shift starting 2pm - 11pm Manila, but I need to undergo assessment and need to pass the interview otherwise I will have to wait for another opening... after resting for 30 days on August 29, 2016.. 2 doctors provided me Fit To Work, and the other Doctor that diagnosed me stated that I'm Fit To Work on day shift.... after all the stress I've gone trough since bills are coming and I have no salary during my indefinite leave... during my interview they said that i'm applying for wrong LOB since this LOB that I was applying for is strictly night shift.. so I was given a wrong LOB... I mentioned to my supervisor that I can be transferred to 4am shift manila which is also morning... after 1 week my supervisor told me that change of schedule cannot be approved since I have a pending applications... I was Diagnosed with Arrhythmia, pre-diabetes, fatty heart and fatty liver, hypertension that is causing my palpitation and difficulty in breathing.. I have complied properly with diet and medications... I felt light and energetic... but after these delays of my employment... I became worried again and have sleepless nights because of the bills coming and I owe money from my friends that I need to pay... and this cause my palpitation again.
Now since the company is already aware that I need to be transfer on a different shift but keeps on delaying me, do they violate RA 10151 Art 157 of Transfers?

"Article 157. Transfer. - Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.
"If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period.
"A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health."

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2 Re: Transfer of Shift on Wed Sep 14, 2016 9:12 pm


Reclusion Perpetua
no, key word there is practicable.

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