In the event of de facto dismissal, it is up to the employer to prove that the transfer of the employee from one field of activity to another is due to a valid and legitimate reason, such as a real need of the company. (Ibid.) If the transfer of employment to company b, na sya loses on your resignation If the transfer of an employee is not unreasonable or embarrassing or prejudicial for him and does not involve a deterioration of rank or a reduction in his wages, benefits and other privileges, the employee cannot complain that it is a disguised dismissal. (Ibid.) If the employer does not comply with this burden of proof, the transfer of the employee is equivalent to a constructive dismissal defined as a dismissal because the continuation of the employment has become impossible, unreasonable or unlikely; as an offer that includes a downgrade and a salary reduction. Similarly, there is constructive dismissal when an act of manifest discrimination, insensitivity or contempt on the part of an employer has become so intolerable for the employee that he has no choice but to renounce his continuous employment. (Ibid.) A transfer is considered a constructive dismissal if three conditions match: Grand.. Excellent case information. How about a lateral transfer of the employee to its affiliates, subsidiaries or sister companies? Is that the prerogative of management? In this case, RSC has sufficiently demonstrated that the transfer was not inappropriate or inconvenient for Jenny and that it was a valid exercise of RSC`s management privilege. An employee has no valid reason not to comply with the transfer order issued by management, especially if he has tacitly given his consent when he has adhered to the company`s policy of hiring sales representatives who are ready to be deployed anywhere in the Philippines, which is required by the employer`s company. (Ibid.) “After the defendants had expressly accepted the foregoing, they had no reason to object to their transfer. According to Abbot Laboratories (Phils.), Inc. Against the National Labour Relations Board, the employee who has agreed to the company`s policy of hiring sales representatives who are ready to be deployed anywhere in the Philippines as required by the employer`s company has no reason not to follow the management transfer order.
In truth, the worker`s right to security does not give her a vested right in her position to deprive management of its power to transfer or reassign her where she is most useful. “[emphasis added] I have been employed in my company for 5 years. I was hired as a cashier, then on February 1, 2022, I was transferred as new accounts and I accept it without written notice until February 1, 2022, I was sent this from February 1, 2022. February 2022 is my new assigned position, my employee marketing assistant ended and without written or verbal notice, they put me back in another position and have already hired a new employee to replace me, even though I refused to accept the new position. Heartbroken, I submitted my resignation and inquired that I was resigning because of the option I had been given. Accepting or resigning because I refused, I filled out the resignation when I noticed that we were rehired there to replace me. What`s the best thing to do? Degradation involves a situation in which an employee is relegated to a subordinate or less important position, which is a reduction to a grade or lower grade, with a corresponding decrease in duties and responsibilities, and usually accompanied by a decrease in salary. (Ibid.) Since two parties are involved in an employee lease agreement, the legal details can become complicated. You want a reputable lawyer to help you draft the agreement. (3) A transfer becomes illegal if it is motivated by discrimination or bad faith or if it constitutes a form of punishment or if it constitutes a demotion without sufficient reason; and management said they were very encouraging us to resign and move from Company A to Company B (anyway), but Company A is not closing. If we do not resign, will we get a starting salary? Can they also force us to resign and move to Company B? Since it is assumed that employees do not have acquired rights on the premises, the employer can transfer them whenever the needs of the company so require.
The onus is on the employer to prove that: (a) the transfer is not inappropriate, inconvenient or detrimental to the employee; and (2) it does not include a downgrade of rank or a reduction in his salaries, privileges and other benefits. (Ibid.) 1. A transfer is a transfer from one post to another of equivalent rank, level or salary without interruption of service or lateral movement from one post to another of equivalent rank or salary; If both conditions are met, the new employer may establish an employment relationship with the employee.