The Philippine judiciary system recognizes and upholds the prerogative of
management to transfer an employee from one office to another within the
business establishment, provided that there is no diminution in rank or a
diminution in salary, benefits and other privileges. This is a privilege
inherent in the employer’s right to control and manage its enterprise
effectively. Decisions therefore for employee transfers are subject to the
following conditions:
1.
Management may transfer any personnel from one unit to another based on needs,
qualification and performance
2.
Transfer shall be based on the matching of needs and qualifications of the
personnel involved
3.
Transfer shall be effected in consultation with the personnel involved, the
heads of both the leaving and receiving units
4.
In cases where transfer is initiated by the personnel himself/herself, the
following procedure must be followed:
·
The personnel should write a letter to the HRD indicating the reason for the
request for transfer. Such document must be duly signed by the immediate unit
head for notification.
·
Management shall review the merit of the request in consultation with the heads
of both the leaving and the receiving units
·
In making its decision, management shall consider the matching between needs and
qualification as well as performance of the personnel requesting for transfer
An employee who disobeys a transfer order is considered willfully disobedient to
which dismissal of an employee for willful disobedience is a justified cause for
termination of employment.