Constructivedismissalforcedresignation

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Unformatted text preview: mployment
 The
 SC
 has
 previously
 upheld
 the
 transfer
 from
 one
 city
to
another
within
the
country
as
valid
as
long
as
 there
is
no
bad
faith
on
the
part
of
the
employer
 o Escobin
v.
NLRC
 Guards,
who
were
stationed
in
Basilan,
from
Peftok
 Integrated
Services
were
instructed
to
report
to
the
 head
office
in
San
Juan,
Metro
Manila
for
posting
to
 clients.
The
guards
did
not
comply
 It
was
grossly
inconvenient
for
petitioners,
who
were
 residents
 of
 Basilan
 to
 commute
 to
 Manila.
 They
 were
 not
 provided
 with
 funds.
 No
 reason
 was
 likewise
given
by
the
company
explaining
why
it
had
 failed
 to
 inform
 the
 guards
 of
 their
 specific
 assignments
prior
to
their
departure.
If
the
postings
 were
 to
 be
 made
 in
 Basilan,
 there
 would
 be
 no
 reason
to
go
to
Manila
 o Inconvenience
 to
 the
 employee
 does
 not
 necessarily
 invalidate
 a
 transfer
 order.
 But
 inconvenience
 caused
 by
 unreasonableness
 of
 the
 transfer
 order
 makes
 the
 order
 itself
 invalid,
 and
 disobedience
 thereof
 is
 not
 a
 reason
 to
 dismiss
the
worker
 Change
of
position
and
work
 o The
Court
was
satisfied
that
the
abolition
of
the
position
was
 done
 in
 good
 faith,
 for
 valid
 and
 legitimate
 grounds.
 The
 employer
 was
 able
 to
 meet
 its
 burden
 of
 proving
 that
 the
 transfer
was
not
unreasonable
or
prejudicial.

 Test
of
validity
of
transfer
 o Blue
Dairy
Corp
v.
NLRC
 The
employer
must
be
able
to
show
that
the
transfer
 is
 not
 unreasonable,
 inconvenient
 or
 prejudicial
 to
 • • • 39
 • • the
employee;
nor
does
it
involve
a
demotion
in
rank
 or
 diminution
 in
 salaries/benefits.
 Should
 the
 employer
 fail
 to
 overcome
 this
 burden
 of
 proof,
 the
 employee’s
 transfer
 shall
 be
 tantamount
 to
 constructive
dismissal
 In
 the
 present
 case,
 the
 company
 failed
 to
 justify
 Recalde’s
 transfer
 from
 the
 position
 of
 food
 technologist
in
the
lab
to
a
worker
in
the
vegetable
 processing
section
 o Before
 the
 right
 to
 transfer/re‐assign
 an
 employee
 can
 be
 deemed
 to
 have
 been
 waived
 or
 contracted
 away,
 the
 stipulation
to
that
effect
must
be
clearly
stated
so
as
to
leave
 no
room
to
doubt
the
intentions
of
the
parties
 Invalid
change
of
position
 o The
 employer
 cannot,
 without
 a
 breach
 of
 the
 contract,
 discharge
 the
 employee
 or
 refuse
 to
 compensate
 him
 according
 to
 the
 agreement
 because
 of
 the
 employee’s
 refusal
 to
 perform
 duties...
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