Classes of Positions of Trust

In a case involving breach of trust and confidence, it is required that the employee being investigated holds a position of trust.

There are two classes of positions of trust. The first class consists of managerial employees and the second. class consists of cashiers, auditors, property custodians, etc. (Abelardo P. Abel vs. Philex Mining Corporation, G.R. No. 178976, July 31, 2009 citing Mabeza vs. National Labor Relations Commission, G.R. No. 118506, April 18, 1997, 271 SCRA 670, 682.)

Managerial employees are defined as those vested with the powers or prerogatives to lay down management policies and to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees or effectively recommend such managerial actions.

They refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or a subdivision thereof, and to other officers or members of the managerial staff.

Officers and members of the managerial staff perform work directly related to management policies of their employer and customarily and regularly exercise discretion and independent judgment

The second class of position of trust consists of cashiers, auditors, property custodians, etc. They are

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate

defined as those who, in the normal and routine exercise of their functions, regularly handle significant amounts of money or property.

These employees, though rank-and-file, are routinely charged with the care and custody of the employer’s money or property, and are thus classified as occupying positions of trust and confidence.

According to the Supreme Court, the following occupies position involving trust and confidence:

1. A Vice-President for Marketing enjoys the full positions of trust and confidence.
2. Officer-In-Charge of the extension office of the trust and confidence of top management.
3. Organizer of a union who was in a position to sabotage the union’s efforts to organize the workers in commercial and industrial establishments.
4. A warehouseman of a non-profit organization whose primary purpose is to facilitate and maximize voluntary gifts by foreign individuals and bank where he works.
5. A manager of Energy Equipment Sales.

Other positions which the Supreme Court declared as ones of trust and confidence:

1. Supervisory personnel occupying positions of responsibility
2. A salesman is occupying a position of trust. The work of salesmen exposes them to voluminous financial transactions involving their employer’s goods. They are highly individualistic personnel who have to be trusted and left essentially on their own.
3. A driver/helper who, at times, gets designated as Acting Salesman for soft drinks and other beverages business.
4. A bank teller occupies a position of trust.
5. The position of cashier is of utmost trust and confidence.

A cashier is a highly sensitive position which requires absolute trust and honesty on the part of the employee.

6. A resident engineer in a construction firm owes confidence to the company and may be dismissed for breach thereof.
7. A security guard who holds a position of trust and confidence as held in the case of Nasipit Lumber
8. A roomboy or chambermaid in a hotel holds a position of trust and confidence.
9. An assistant cook or chief cook who is responsible for the custody of food supplies owes fidelity to his company in ensuring that food and other materials are not taken out from the kitchen without necessary authorization.
10. Chief purser of a passenger ship, although a rank-and-file employee, occupies a highly sensitive and critical position. Hence, a position of trust.
11. An account manager has the duty to deal with all of company’s contractors. Consequently, the marketability, goodwill and sustainability of company’s service or products would greatly depend on the objectiveness and unbiased demeanor of the account manager. Any deviation from these standards would inevitably affect the private respondent’s business and reputation among its other contractors. The dismissal is justified when she accepted sums of money from her employer’s contractors.

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin Read more on procedural due process discussion by Atty. Elvin:

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements