Hi Darwin. My name is Thess and I’ve been working in my company for almost 3 years now as part of the QA Department in my company. We are a BPO located here in Ortigas Pasig. Our company is experiencing some “right-sizing” and I am being transferred to another Department by my Manager.
I have hesitations in transferring back to Operations (since I no longer want to take calls), my question is can Management transfer me from another department considering that I have been a QA with them for more than 2 years now? Are they breaking any labor laws? A friend of mine commented that this can be a case of “constructive dismissal” and I should go to court. Please advise me on this matter. Thank you!
Hi Thess! Thank you for sending me an email regarding your question. First, please know that I understand where you are coming at. I know how you feel that after spending so much time doing QA work (which I think you’ve been promoted to since you mentioned you were formerly doing calls) you might feel your company is “demoting” you by bringing you back to the “floor” to take calls as an agent.
In a number of cases, the Supreme Court has recognized and upheld the prerogative of management to transfer an employee from one office/department to another within the business establishment, provided that there is NO DEMOTION in rank or a dimunition of his/her salary, benefits and other privileges. This is a privilege inherent in the employer’s right to control and manage its enterprise effectively. Even as the law is solicitous of the employee’s welfare, it cannot ignore the right of the employer to exercise what are clearly and obviously management prerogative. The freedom of management to conduct its business operations to achieve its purpose cannot be denied. You mentioned that the reason why you are being transferred to another department is because your company is “right-sizing”. This would mean that they are trying to ensure that the nos. of manpower per department equates their need and in most cases being cost-effective and profitable. So, technically your company does have the right to transfer you in any department they would want PROVIDED again that your benefits and privileges’ that you are now already enjoying would not be affected.
The PH Labor law states that when the transfer is not unreasonable, nor inconvenient, nor prejudicial, and it does not involve a demotion in rank or dimunition of his/her salaries, benefits and other privileges, the employee may not complain that it amounts to a “constructive dismissal”. Note thought that an employee who quits his work because of the employer’s unreasonable, humiliating or demeaning actuations which render continued work impossible is deemed to have been illegally dismissed. You may check the case of PT & T vs. NLRC and International Harvester case, Yuco Chemical Industries vs. NLRC) for a perfect example regarding this.
I hope I was able to answer your question. My advice to you is that if there would be no other opportunities within your company aside from the present option that they are giving you, why not look for a QA job in other BPO/Call Center? With your experience I am sure you would be able to get a QA job that you prefer.
Good luck on your career!