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Demotion of position and salary

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1 Demotion of position and salary on Thu Jul 05, 2018 10:24 pm

Shutterbug28


Arresto Menor
Hello. This is a case of my husband.

He was hired as a BAR WAITER last July 2017. He signed the contract po August 1 2017 valid until Feb 2018. Dumaan na po ang Feb 2018 but he was not given any notice of employment until now. So technically he is a regular employee by default (pls correct me if im wrong).

Ngayon, mag aaniversary na yung company on July 28. So the management announced that on their first anniversary, magtatanggal sila or magdedemote ng mga tao na ineeffective daw.

So, my husband was one of the unfortunate ones na was given notice of demotion. On July 16 daw, mag sign na siya ng contract na "BUSBOY" nalang siya and mababawasan sweldo niya. The reason as per the manager is, mabagal daw siyang gumalaw.

The question is, is it LEGAL AND JUST? First, siya ang unang unang empleyado sa kumpanya, siya ang mag isang nagtrabho as front of the house when they soft opened. Second, he was not given any notice of employment status even up to now, and third he will be demoted just because of a baseless comment.

Tama lang po ba ang gagawin ng company sakanya? dapat niya po bang permahan ang kontrata para lang hndi siya matanggal sa trabaho? Please help po.

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2 Re: Demotion of position and salary on Thu Jul 05, 2018 11:49 pm

arnoldventura


Reclusion Perpetua
Ang demotion ay isang management prerogative, pero dapat may due process parin. https://www.alburovillanueva.com/know-demotion-employees The employer should be able to establish first that the demotion was supported by a just cause. Demotion due to poor performance is justified, pero dapat pa yun patunayan ng employer. Kung hindi magsa-sign ng bagong contract ang husband mo, tapos tinanggal sya dahil sa hindi nya pagpirma, pwede sya magreklamo sa NLRC for illegal dismissal.

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3 Stafa on Fri Jul 06, 2018 12:05 am

Borz


Arresto Menor
Hello po.
Kumuha po ako ng NBI clearance this week. May case daw po ako za makati stafa at pinapag report ako sa court. Sa pagkakatanda ko po sa dati kung pinagtrabhuhan sa makati na may naoverused na cellphone bill sakin dati na binayaran na company pagkatapos ko magresign.
Ang tanung ko po.
1. Ikukulong po ba agad ako pagpunta ko dun para alamin ang case laban sakin?
2. Ano po pinaka maganda ko gawin?

Salamat po.

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4 Re: Demotion of position and salary on Fri Jul 06, 2018 11:09 am

maxwell_24


Arresto Mayor
Hindi po legal ang dimunition of salary dahil na demote sya.

The principle of non-diminution of benefits states that: “any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer.”
This principle is founded on the Constitutional mandate to “protect the rights of workers and promote their welfare,” and “to afford labor full protection.” Said mandate in turn is the basis of Article 4 of the Labor Code which states that “all doubts in the implementation and interpretation of this Code, including its implementing rules and regulations shall be rendered in favor of labor.”
CTTO..
Demotion of position pwede po yun pero di dapat lumiit and sweldo na na enjoy nya before sya mademote.

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5 Re: Demotion of position and salary on Fri Jul 06, 2018 11:59 am

Shutterbug28


Arresto Menor
Never po siya na serve ng kahit na anong memo and there was no evaluation also since day 1.

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6 Re: Demotion of position and salary on Fri Jul 06, 2018 12:06 pm

Shutterbug28


Arresto Menor
Thank you Sir Arnold Ventura!

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7 Re: Demotion of position and salary on Fri Jul 06, 2018 12:06 pm

Shutterbug28


Arresto Menor
Thank you Maxwell_24!

maxwell_24 wrote:Hindi po legal ang dimunition of salary dahil na demote sya.

The principle of non-diminution of benefits states that: “any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer.”
This principle is founded on the Constitutional mandate to “protect the rights of workers and promote their welfare,” and “to afford labor full protection.” Said mandate in turn is the basis of Article 4 of the Labor Code which states that “all doubts in the implementation and interpretation of this Code, including its implementing rules and regulations shall be rendered in favor of labor.”
CTTO..
Demotion of position pwede po yun pero di dapat lumiit and sweldo na na enjoy nya before sya mademote.

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8 Re: Demotion of position and salary on Fri Jul 06, 2018 1:18 pm

Patok


Reclusion Perpetua
demotion must be done with due process (same as termination)..

demotion is allowed but salary can not be decreased...

you can file a complaint sa NLRC.

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9 Re: Demotion of position and salary on Fri Jul 06, 2018 2:11 pm

Shutterbug28


Arresto Menor
Yes we will. Thank you Sir Patok!

Patok wrote:demotion must be done with due process (same as termination)..

demotion is allowed but salary can not be decreased...

you can file a complaint sa NLRC.

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10 Re: Demotion of position and salary on Sun Jul 08, 2018 8:31 pm

jcv52cards


Arresto Menor
maxwell_24 wrote:Hindi po legal ang dimunition of salary dahil na demote sya.

The principle of non-diminution of benefits states that: “any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer.”
This principle is founded on the Constitutional mandate to “protect the rights of workers and promote their welfare,” and “to afford labor full protection.” Said mandate in turn is the basis of Article 4 of the Labor Code which states that “all doubts in the implementation and interpretation of this Code, including its implementing rules and regulations shall be rendered in favor of labor.”
CTTO..
Demotion of position pwede po yun pero di dapat lumiit and sweldo na na enjoy nya before sya mademote.

Sir kung manager po ang na demote then ginawang crew, liliit po ba sweldo nya? Thank you!

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11 Re: Demotion of position and salary on Sun Jul 08, 2018 9:16 pm

lukekyle


Reclusion Perpetua
i believe yes the salary will go down if a person is demoted. just like benefits that are linked to a certain position will be removed if you are transferred to a different position. If benefits can be removed if magiging iba yung position i dont see why salary can’t go down.
although this doesn’t prove that point, it is written sa dept of budget handbook na if you are demoted because of sanctions, your salary will decrease

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