PROMOTION OF EMPLOYEE: SAMPLE NOTICE ON TRIAL PERIOD
Promotion of employee is the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. (Homeowners Savings and Loan Association, Inc. vs. NLRC, 262 SCRA 406 (1996).)
Element of Promotion
The indispensable element for there to be a promotion is that there must be an advancement from one position to another or an upward vertical movement of the employees rank or position.
Nature of Promotion; Management Prerogative
Promotion is not a demandable right. It is a management prerogative. The employee cannot demand to be promoted.
The hiring, firing, transfer, demotion, and promotion of employees has been traditionally identified as a management prerogative subject to limitations found in the law, a collective bargaining agreement, or in general principles of fair play and justice. (Nagkahiusang Namumuo Sa Dasuceco-National Federation Of Labor (NAMADA-NFL) vs. Davao Sugar Central Co. Inc., G.R. No. 145848, August 9, 2006)
Increase in salary does not necessarily attach
The matter of salary increases is a management prerogative.
Thus, promotion may not involve any salary increase at all.
As defined, promotion is the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary.
The word “promotion” usually simply means that not all promotions may be accompanied by a corresponding salary increase, notwithstanding the increase in duties and responsibilities of the employee. (National Federation of Labor Unions vs. NLRC, G.R. No. 90739, October 3, 1991)
Promotion that results in transfer; Avoid danger
A situation may occur wherein promotion of an employee may result in transfer. The employer has to be careful in this case because promotion that results in transfer requires employee’s consent.
An employee cannot be promoted, even if merely as a result of a transfer, without his consent. A transfer that results in promotion or demotion, advancement or reduction or a transfer that aims to lure the employee away from his permanent position cannot be done without the employees consent. (PT&T vs. CA, G.R. No. 152057. September 29, 2003)
Learn the rules on Employee Transfer and Demotion
Avoid pitfalls on employee movement that can involve constructive dismissal. Grab a copy of the Guide to Valid Dismissal of Employees Second Edition by Atty. Villanueva
Promotion may be conditional
Promotion of a regular employee may be conditional wherein he is on trial period. Hence, there are two possibilities:
- The employee fails
- The employee succeeds
If the regular employee fails, can he be terminated? No since he is already regular. However, he can be reverted to his previous position.
If he succeeds, he can be issued permanent appointment to such position.
Sample Notice of Promotion – Trial Status
Labor Code of the Philippines 2018 Edition by Atty. Villanueva
To: MAPRO MOTKAYA
Admin. Clerk
From: MAY P. AGDUDUDA
Manager
Subject: PROMOTION (TRIAL STATUS)
Date: April 25, 20_____
The management has noted your capacity to handle bigger responsibilities which shows your potential to assume a supervisory position.
Hence, it was recommended to offer you a promotion on a six-month trial period as follows:
- Supervisory/Department Head Position
- /Personnel Asst.
- Level II
As such, you will be receiving during the period the following rates, subject to applicable tax/taxes:
- Basic Salary PhP30,000.00 / month
- Allowances of PhP1,000.00 / month
The benefits and increase in pay will be temporary during the period. However, if you passed the trial period your appointment will be confirmed and made permanent. Otherwise, you may be reverted to previous position. You will be reporting to the Head of Personnel and Admin.
If you agree, please signify your acceptance by signing your conformity hereunder. We wish you success on this responsibility and opportunity.
MAY P. AGDUDUDA
Manager
Approved by:
LALON G. MEYDUDA
President
Conforme:
__________________
MAPRO MOTKAYA
Cc: 201 File, File
Related:
Promotion that results in transfer may be refused by employee
Transfer of employee which results in promotion requires acceptance
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PROMOTION OF EMPLOYEE: SAMPLE NOTICE ON TRIAL PERIOD – LVS Rich Publishing
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