transfer Archives - LVS Rich Publishing

03 Jan

Transfer and Constructive Dismissal when Merges as Issues in an Illegal Dismissal Complaint

Complaint for constructive / illegal dismissal based on claim of illegal transfer usually faces the clash of two sets of different burden of proof. That is, burden on the employer side (in case of proving validity of transfer) and burden on the side of employee (to prove the fact of dismissal in a claim of constructive dismissal). A transfer is a “movement from one position to another which is of equivalent rank, level or salary, without break in service.” Promotion, [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, DOLE, labor, labor case, Labor Code, labor law, nlrc, transfer 0 Comments Read more...

09 Feb

Transfer of Employee Done in Good Faith is not Illegal Even if Costly and Inconvenient

Transfer of employees is one of the management prerogatives. The employer has the prerogative of making transfers and reassignment of employees to meet the requirements of the business. Since the employees are viewed as having no vested rights over the position, the employer can transfer them whenever the exigencies of business require it. In a number of cases, the Court has recognized and upheld the prerogative of management to transfer an employee from one office to another within the business establishment [...]

By Atty Elvin Labor Law atty. elvin, employee, employee transfer, employer, labor, Labor Code, management prerogative, transfer 27 Comments Read more...

24 Apr

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 [...]

By Atty Elvin Labor Law, Sample Forms promotion, transfer 62 Comments Read more...

01 Apr

Transfer Of Employee; Sample Notice

Transfer of employee is an exercise of management prerogative. Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. The only limitations to the exercise of this prerogative are those imposed by labor laws and the principles [...]

By Atty Elvin Labor Law, Sample Forms transfer 8 Comments Read more...

09 Jul

Transfer of Employee and Constructive Dismissal

Transfer of employee, no doubt, is part of management prerogatives. However, this should be done due to exigencies of business and in good faith. Otherwise, this can result in constructive dismissal. The managerial prerogative to transfer personnel must be exercised without grave abuse of discretion, bearing in mind the basic elements of justice and fair play. Having the right should not be confused with the manner in which that right is exercised. Read the book on 44 Rules on Employee Transfer [...]

By Atty Elvin Labor Law transfer 12 Comments Read more...

18 Apr

TRANSFERRING A WIFE TO HER HUSBAND’S OFFICE IS A MANAGEMENT PREROGATIVE

Martinez Memorial Colleges, Inc. (MMC) is a private educational institution. Mariano was MMC’s Assistant Cashier since April 15, 1976 and had been in service for 32 years. Part of her job was to accept payments and issue receipts and deposit slips to MMC students. On March 12, 2008, the Mariano went on a one month authorized leave of absence, as she and her husband Dario Mariano (Dario), Director for Finance of MMC, would be vacationing in the United States. When [...]

By Atty Elvin Labor Law constructive dismissal, transfer 17 Comments Read more...

25 Mar

Transfer that Results in Promotion may be Refused by Employee

The employer wants to transfer the employee to another position. However, such position results in promotion of employee. Is it still management prerogative such that the employee can be charged with insubordination for refusal? The Supreme Court held that the offer of transfer is, in legal contemplation, a promotion, which the employees validly refused. Such refusal cannot be the basis for employees’ dismissal from service. Citing Coca-Cola Bottlers Philippines, Inc. vs. Del Villar the management has the prerogative to transfer or assign [...]

By Atty Elvin Labor Law promotion, transfer 17 Comments Read more...

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