Nlrc o petitioner did not demand her reinstatement

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Unformatted text preview: one
 location
 to
 another
 Valid
transfer
 o Management
 has
 the
 right
 to
 transfer
 or
 reassign
 an
 employee
 o The
only
time
the
employer
can’t
exercise
this
right
is
where
 it
 is
 vitiated
 by
 improper
 motive
 and
 is
 merely
 a
 disguised
 attempt
 to
 remove
 or
 punish
 the
 employee
 sought
 to
 be
 transferred
 o The
 demotion
 of
 an
 employee
 and
 his
 transfer
 to
 another
 place
 of
 work
 because
 of
 his
 failure
 to
 observe
 proper
 diligence
in
his
work,
and
of
his
indolence,
habitual
tardiness
 and
absences
do
not
constitute
dismissal
 o Abbot
Lab
v.
NLRC
 AB,
 a
 med
 rep,
 received
 an
 order
 transferring
 him
 from
Manila
to
Cagayan.
AB
objected.
 AB
 had
 no
 valid
 reason
 to
 disobey
 the
 order
 of
 transfer.
 He
 had
 tacitly
 given
 his
 consent
 to
 the
 transfer
when
he
acceded
to
the
employer’s
policy
of
 hiring
 sales
 staff
 who
 are
 willing
 to
 be
 assigned
 anywhere
 in
 the
 PHL
 which
 is
 demanded
 by
 the
 employer’s
 business.
 By
 the
 very
 nature
 of
 his
 employment,
 a
 drug
 salesman
 or
 medical
 representative
is
expected
to
travel
 Invalid
transfer
 o Transfer
cannot
be
used
as
a
subterfuge
by
the
employer
to
 rid
himself
of
an
undesirable
worker
 o Yuco
Chemical
Inc
v.
Ministry
of
Labor
and
Employment
 Lalay
Abala.
ALS2014B.
Labor
II.
 The
reassignment
is
legally
indefensible.
First,
it
was
 grossly
 inconvenient
 to
 them
 –
 they
 are
 working
 students.
 There
 is
 no
 genuine
 business
 urgency
 that
 necessitated
their
transfer
(fabrication
of
aluminum
 handles
for
ice
boxes)
 The
 transfer
 was
 timed
 at
 the
 height
 of
 union
 concerted
 activities
 in
 the
 firm,
 deliberately
 calculated
to
demoralize
the
other
union
members
 May
an
employee
disobey
an
inconvenient
transfer?
 o Difficulty
lies
in
the
situation
where
no
such
illicit,
improper
 or
 underhanded
 purpose
 can
 be
 ascribed
 to
 the
 employer,
 but
 the
 employee
 is
 opposing
 the
 transfer
 on
 ground
 of
 inconvenience
or
hardship
that
the
transfer
will
cause
to
the
 employee
or
his
family
 o Homeowners
Savings
and
Loans
Association
v.
NLRC
 Cabatbat
 was
 assigned
 at
 San
 Carlos,
 Pangasinan.
 She
 was
 being
 transferred
 to
 Urdaneta.
 She
 asked
 for
 the
 transfer
 to
 be
 deferred
 because
 she
 was
 pregnant.
 Granted.
 Yet
 did
 not
 comply
 thereafter.
 Bank
terminated
her
e...
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This document was uploaded on 03/11/2014.

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