Consent made by the employee to be transferred elsewhere is binding

Dear PAO,

My employer ordered me to transfer jobs without reduction in rank or wages because no one else could do it but me. I honestly do not want to transfer, but I signed an employment contract agreeing to transfer to any job. Can I legally oppose my employer's order to transfer?

Loelle

Dear Loelle,

Please be informed of the Supreme Court's decision in the case of «Chateau Royal Sports and Country Club, Inc. vs. Rachelle G. Balba, et al.,» docketed as GR 197492, Jan. 18, 2017, and penned by Chief Justice Lucas Bersamin, where it was provided that:

«Thirdly, the respondents did not show by substantial evidence that the petitioner was acting bad faith or had ill-motive in ordering their transfer. In contrast, the urgency and genuine business necessity justifying the transfer negated bad faith on the part of the petitioner.

»Lastly, the respondents, by having voluntarily affixed their signatures on their respective letters of appointment, acceded to the terms and conditions of employment incorporated therein. One of the terms and conditions thus incorporated was the prerogative of management to transfer and re-assign its employees from one job to another «as it may deem necessary or advisable,» to wit:

«The company reserves the right to transfer you to any assignment from one job to another, or from one department/section to another, as it may deem necessary or advisable.

»Having expressly consented to the foregoing, the respondents had no basis for objecting to their transfer. According to Abbot Laboratories (Phils.), Inc. v. National Labor Relations Commission, the employee who has consented to the company's policy of hiring sakes staff willing to be assigned elsewhere in the Philippines as demanded by the employer's business has no reason to disobey the transfer order of management. Verily, the right of the employee to security of tenure does not give her a vested right to her position as to deprive management of its authority to transfer or re-assign her where she will be most useful." (Emphasis added)

You stated that you signed an employment contract agreeing to transfer to any job, and your employer eventually ordered you to transfer, without reduction in rank