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 of equity and substantial justice. (Peckson vs. Robinsons Supermarket Corporation, G.R. No. 198534, July 3, 2013)
Learn more about issues pertaining to employee transfer from Guide to Valid Dismissal of Employees by Atty. Villanueva
The following jurisprudential guidelines on the transfer of employees:
(a) a transfer is a movement from one position to another of equivalent rank, level or salary without break in the service or a lateral movement from one position to another of equivalent rank or salary;
(b) the employer has the inherent right to transfer or reassign an employee for legitimate business purposes;
(c) a transfer becomes unlawful where it is motivated by discrimination or bad faith or is effected as a form of punishment or is a demotion without sufficient cause;
(d) the employer must be able to show that the transfer is not unreasonable, inconvenient, or prejudicial to the employee.
The post below is based on the book Employee Transfer and Demotion by Atty. Elvin B. Villanueva.
Sample Notice of Transfer
To: MADELAS MALEPAT
Clerk
From: HR
Date: April 2, 20____
Subject: TRANSFER TO BILLING DEPARTMENT
The management has decided to strengthen its Billing Department to address concerns on customer service support.
As it shows, there are several backlogs in the department resulting in unbilled accounts which ultimately affect the company’s cash flow position.
As a matter of policy the company selects individuals to be assigned to crucial areas from within its ranks and when no candidate is suited external applicants are being sourced.
In this case, records show that you have the competence, skills and experience to perform the job. Your stint in the accounting department as Clerk gave you enough exposure to handle similar responsibilities in the Billing Department.
In this regard, we are glad to announce your transfer to the Billing Department effective _________________. You shall report to the Billing Manager, Mr. LI PATIN. Your duties and responsibilities are attached hereto.
Very truly yours,
MAHEY LIGMAN LIPAT
HR Manager
Conforme:
MADELAS MALEPAT
If the employee refuses to sign his conformity, remove the conforme portion and serve another copy. If he still refuses indicate in your own copy (receiving copy) the following:
“refused to receive
Served by XYZ
Date: _______/ Time: _______”
Send another copy by registered mail and keep the registry receipt.
Employees who refused to assume the responsibilities once transfer notice was made shall be guilty of insubordination.
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