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Art 100 elimination or diminution of benefits

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1 Art 100 elimination or diminution of benefits on Tue Apr 03, 2018 4:01 am

John E.


Arresto Menor
I’ve been working at home for almost 2 years now with approval from my US IT directors. We work at home because of the long working hours 60+ hours per week. All without additional expense from the company.

With the recent change in the IT structure, my new Director is asking me to report in Fort site. I live in San Jose Del Monte, Bulacan and because I’m too far from the site it would be financially and physically impossible for me to report there and I’m afraid I won’t be able to do my work properly if I’ll just be spending my time travelling from the Fort and back.

There’s a provision on the labor law that states “that an employee who enjoys a particular benefit or allowance for a long period cannot be denied such benefit”.

Elimination or diminution of certain benefits may result in the constructive dismissal of an employee. Constructive dismissal is an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee that it could foreclose any choice by him except to forego his continued employment.

Can I claim Art 100 of the labor code since I'll be subjecting myself to unnecessary hardship by commuting 8 hours a day to work?

Please note that this is not a promotion but an internal change. I ask for a raise but got denied and I'm all out of option.

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mikos23

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Reclusion Perpetua
No you cannot state article 100.

In case of transfer of work location, management may exercise their prerogative to transfer employees from one work location to another, as long as there is no loss of security of tenure, salary and /or benefit.

management have a wide discretion to regulate all aspects of employment, including the transfer and re-assignment of employees according to the exigencies of the business.

Therefore, your work location might not be considered as a benefit, and management also want to manage / monitor the total hours of work you do specially if there is a project involved.

hope this helps

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3 Art 100 elimination or diminution of benefits on Tue Apr 03, 2018 9:09 pm

John E.


Arresto Menor
Please advise if I can i file "Constructive dismissal" case with NLRC since I'll be subjecting myself to unnecessary suffering by asking me to commute 8hrs a day to report in Fort site? Which will eventually take toll on my work and well being and force me to resign eventually.

"Elimination or diminution of certain benefits may result in the constructive dismissal of an employee. Constructive dismissal is an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee that it could foreclose any choice by him except to forego his continued employment."

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mikos23

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Reclusion Perpetua
IMO there is no constructive dismissal. again, in this scenario, Management is exercising their prerogative. With constructive dismissal, there is a need to prove that there is malicious intent on their part for this decision.

I suggest, get a boarding house near the Fort site.

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