Refusal to obey assignment transfer as basis for insubordination
Dear Atty. Angela,
I am working in the sales department of a company and just recently, I received a memo of transfer to a farther work location about 25 kilometers away from my current location. I know that the employment contract I signed has a provision on transfer, but I really do not want to move, especially with the high cost of gas and fare. Is this decision of the management fair, and what could be the consequence if I disobey the directive? Please help. Suzy
Dear Suzy,
Since the nature of your work in sales requires movement or transfer of assignment, you are left with no choice but to comply with the management’s order. As you have mentioned, you signed the employment contract which has a provision on transfer of assignment, and you are bound by what you have agreed to.
In the case of Greeners Property and Leisure Management Services Inc. vs Guadarme, GR 241287 (6 October 2021), the Supreme Court elucidated that:
“As a rule, the transfer of an employee lies within the ambit of the employer’s prerogatives. The employer exercises the prerogative to transfer an employee for valid reasons and according to the requirement of its business, provided the transfer does not result in demotion in rank or diminution of the employee’s salary, benefits and other privileges. Thus, the refusal to obey a valid transfer order constitutes insubordination or willful disobedience of a lawful order of an employer. Nevertheless, the burden of proving that the termination of an employee was for a just or authorized cause lies with the employer. To discharge this burden, the employer must present substantial evidence, which is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion, and not based on mere surmises or conjectures.”
In light of this ruling, so long as there is no demotion in rank or diminution of salary and other benefits, a transfer of work location is valid. Should you fail to abide by the company’s order, this could be tantamount to insubordination of willful disobedience of a lawful order.
At any rate, I would advise you to discuss with management if there is at least any monthly transportation allowance or a financial assistance package extended during the period that you will be assigned in the new sales location. All the best.
Atty. Angela Antonio