Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

rank demotion?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 rank demotion? on Fri Jun 16, 2017 1:22 pm

mytone


Arresto Menor
Hi I work for a BPO. Our account closed last month. we are currently I floating status. Our employer is offering us to transfer to other accounts and will not offer redundiation. I was already an L3 or escalation lead from my former account, we are being forced to transfer to an L1 or agent role. Our employer claims that there is no demotion since we still have our title of escalation lead and same pay grade for L3, it is just the role that is different. Is this not a case of demotion? Also, same with a case if I am a Tech support and they only have customer service available, they say that I still have my title of tech support, it is only my role that is being changed. Can I decline the offer and file for constructive dismissal?

I have already talked to our management, however the first things they did was discredit us by saying that we do not qualify for escalations lead as per company standards. That is why I questioned them why they gave us or papers for L3. And now they are forcing us to join any available account in the company.

View user profile

2 Re: rank demotion? on Fri Jun 16, 2017 3:12 pm

lukekyle


Reclusion Perpetua
You can decline the offer but you have to wait for at least 6 consecutive months in floating status before it is deemed constructive dismissal.

View user profile

3 Re: rank demotion? on Sat Jun 17, 2017 9:50 am

mytone


Arresto Menor
Is this not a case of rank demotion? Also, they are not providing us with any job description, this is to allow them to add any task they want in the future. For example, a tech support role and the client requested that we do upselling. they will add that to our role and part of our metrics. Is there any law that requires a company to provide specific task to a certain role?

View user profile

4 Re: rank demotion? on Sat Jun 17, 2017 11:19 am

lukekyle


Reclusion Perpetua
this is perfectly within the company's prerogative as long as it is not discriminatory or demeaning (example asking a supervisor to clean the washroom) Even with a specific job description the company has the right to add or subtract from duties and responsibilities assigned to a specific employee


Arguable if it is a demotion . Lets just say for the sake of argument that it is, you can either turn it down ( so you still go back to floating status) or it is not and you turn it down, then the company is no longer obligated to offer you another assignement.

If you file a complaint, your recourse is to complain that no due process was given, so they cancel the "demotion" (you go back to floating status). They can counter na they are offering you this "demotion" kaya no need for due process since its an offer. Kaya even if you "win", you end up where you started.

You seem to be under the mistaken impression na bawal ang demotion, it is not. Bawal lang bumaba ang sahod or benefits.

Your main problem here is that on your floating status. People fighting against a demotion to maintain their status. That would be undesirable in your situation

View user profile

5 Re: rank demotion? on Sat Jun 17, 2017 7:52 pm

mytone


Arresto Menor
If I decline the offer can they charge me for insubordination?

View user profile

6 Re: rank demotion? on Sat Jun 17, 2017 8:10 pm

lukekyle


Reclusion Perpetua
they can but they dont need to. if its a "legit" job offer, they only need to offer you once, if you dont accept they dont need to offer you another position again

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum