Transfer dilemma
I am currently the warehouse supervisor at the Quezon
City warehouse of a logistics company. I have been working for the company for more than 10 years now. I started as one of the team leaders at the branch and rose to the rank of supervisor. My wife and I have established Quezon City as our permanent residence for 7 years now. Working and living in Quezon City is very convenient for me and I get to spend quality time with my family.
About a week ago, my manager informed me that the top management decided to transfer me as the warehouse supervisor of the new warehouse of the company in Muntinlupa. According to him, the
Muntinlupa operations need someone with a lot of experience in the company in order for it to successfully operate just like its other warehouses. He said that I was identified by top management as the most ideal person to supervise the warehouse operations in Muntinlupa, in light of my qualifications and years of experience in the company. He told me that, in connection with the transfer, I will be given an additional transportation allowance which would cover the additional transportation expense from Quezon City to Muntinlupa.
I am inclined to refuse my transfer to Muntinlupa City as it will result to additional travel time for me and, thus, less time with my family. Moreover, I have already been used to working with my team in Quezon City. My sister who is a human resource manager in another company, however, advised me against refusing the transfer. She said that it is the company’s prerogative to transfer its employees to another work location and that my refusal may be considered as disobedience which is a ground for dismissal. Is she correct?
Vince Dear Vince,
Your sister is correct. Transferring an employee from one place to another is within the inherent right of an employer in the pursuit of its legitimate business interests. In a number of cases, the Supreme Court has recognized and upheld the prerogative of management to transfer an employee from one office to another within the business establishment provided that there is no demotion in rank or a diminution of his salary, benefits and other privileges (Abbott Laboratories Inc. vs. NLRC, G.R. No. 76959, October 12,1987, 154 SCRA 713.) In your case, it appears that your transfer will not result to a demotion in rank or diminution of your salary, benefits and other privileges.
It appears that your company is transferring you to another office in the exercise of its sound business judgment. The transfer does not appear to be a subterfuge to get rid of you, but due to a legitimate business purpose which is to ensure the success of its new warehouse operations in Muntinlupa by assigning an experienced and trusted employee to oversee it. Neither does the company’s decision appear to be a subterfuge to penalize you. In fact, it appears that they are well aware of the additional expenses that you will incur due to the transfer and have offered additional compensation/benefit to address this matter.
While your reasons for refusing the transfer are understandable, they are not sufficient to overturn the decision of the company to transfer you to another office, in light of the fact that the same does not appear to be Personal inconvenience alone cannot excuse the employee from disobeying a valid transfer done in good faith by the employer (Homeowners Savings and Loan Association, Inc. v. Cabatbat, G.R. No. 97067, September 26, 1996).
Your sister is, thus, likewise correct in saying that your refusal to be transferred may be considered as disobedience which is a ground for dismissal.