Insubordination for Refusal to Transfer; Sample Notice to Explain
Insubordination refers to the refusal to obey some order, which a superior is entitled to give and have obeyed. It is a willful or intentional disregard of the lawful and reasonable instructions of the employer. (D.O. 147-15 citing Civil Service Commission vs. Arandia, G.R. No. 199549, April 7, 2014.)
It belongs to the willful disobedience as a ground for dismissal under Art. 297 of the Labor Code, as amended.
However, if the willful disobedience by an employee is commit- ted against an unreasonable order or one not connected with his duties, such act cannot be a valid ground for dismissal. (See page 134, Guide to Valid Dismissal of Employees 2nd Edition by Atty. Villanueva citing Mañebo vs. 
NLRC, G.R. No. 107721, January 10, 1994.)
To be valid, the order mentioned here must be: (Manila Broadcasting Company vs. NLRC, G.R. No. 121975, August 20, 1998)
(1) Reasonable and lawful,
(2) Known to the employee, and
(3) Pertains to the duties which the employee has been engaged to discharge.
Transferring an employee may be a valid exercise of management prerogative as long as it is carried out for pure business reason. There should be no bad faith or malice behind the reason for the transfer.
In some cases, transfer may involve relocating an employee. That is, from one area to another which may even cover several kilometers of distance.
The best practice is to put a clause in the contract stating that the employee agrees to be transferred anywhere in the Philippines. See how transfer clauses are expressed in several employment contracts in HR Forms 1 Soft Copy (150+ Editable Templates in Word Document)
Now, if the employee refuses to transfer although he signed in the contract that he agrees to do so he can be charged with insubordination. Below is the sample Notice to Explain for Insubordination:
To: Aya Lou M. Ipat
From: HR
Date: ________________________
Subject: Notice to Explain
This refers to the notice of transfer sent to you dated _______________ which you received on _______________________, directing you to report to Alabang as your new assignment effective ____________________.
You failed to report to said office despite receipt of the notice without any justified reason as shown by the attendance record.
The reason behind the transfer, as contained in the notice of transfer, is that you are the one with the experience and skill to handle the vacated position by thee employee who resigned. Further, in your employment contract you agreed to be transferred where business exigency arises.
In this regard, please explain within five (5) calendar days from receipt of this notice why no disciplinary action should be taken against you for the above.
Further, the management is reiterating its directive for you report to the said office immediately upon receipt of this notice. Your attendance, for purposes of payroll, among others will be reckoned in such location.
For your strict compliance.
Very truly yours,
Inesa Mati G. Asulo
HR Manager
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