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Demotion with due process

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1 Demotion with due process on Fri Jun 08, 2018 1:52 pm

Anabantog


Arresto Menor
Good afternoon po. Please advise if the labor code allows for demotion (with lowered rank and diminution of salary/benefits) given that due process was observed, for both performance deficiency and misconduct cases? Salamat po in advance.

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2 Re: Demotion with due process on Fri Jun 08, 2018 4:35 pm

arnoldventura


Reclusion Perpetua
Demotion is allowed as a penalty. Termination is even harsher, but allowed for the gravest of offenses. Since due process is observed, the company may proceed if it truly believes that demotion is the most appropriate penalty for the employee's misconduct and poor performance. https://www.alburovillanueva.com/know-demotion-employees

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3 Re: Demotion with due process on Fri Jun 08, 2018 4:49 pm

Anabantog


Arresto Menor
Thank you, Sir Arnold. Medyo na confuse po kasi ako sa article 100 that prohibits the elimination or diminution of benefits, pwera na lang if the benefit is contingent on certain preconditions...to me this sounds like fringe benefits that are tied to the position, but the salary, once given, is bawal na bawasan?

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