Dear Attorney,

I hope this message finds you well. I am seeking advice regarding a situation at work that I believe may be inconsistent with my employment contract. Initially, my role was to handle operations for one branch of the company. However, I have recently been tasked with overseeing an additional branch, which significantly increases my workload and responsibilities.

This new assignment was given without any formal agreement or amendment to my original contract. I am concerned that this additional responsibility may violate the terms of my contract or may constitute a form of unfair labor practice. Could you kindly advise me on the legal remedies available under Philippine labor law? I would also appreciate guidance on the proper steps to take should I wish to raise a formal complaint.

Sincerely,
An Overburdened Employee

Legal Analysis and Remedies for Assigned Work Beyond Employment Contract in the Philippines

Under Philippine labor law, changes to the scope of an employee’s work that deviate from the original employment contract raise important issues concerning breach of contract, labor rights, and employer obligations. This discussion examines these topics in detail, citing relevant laws, jurisprudence, and remedies.

1. Employment Contracts and Employer-Employee Relationships

An employment contract is the cornerstone of the employer-employee relationship. Governed by the Labor Code of the Philippines and relevant civil law provisions, it outlines the duties, responsibilities, and obligations of both parties. Any unilateral change to the terms of employment must generally meet legal requirements to avoid invalidity or claims of unfair labor practice.

Key Provisions of the Employment Contract

Job Description: Specifies the employee's roles and responsibilities. This forms the basis of agreed expectations between parties.
Workplace Assignment: Indicates the location or branch where the employee is assigned to work.
Scope of Work: Defines whether duties are limited to those expressly written in the contract or include tasks "related or incidental" to the employee’s job.

When the employer assigns duties outside the scope of the agreed job description, they may be liable for breach of contract unless the additional duties fall within the concept of "reasonable changes."

2. Legal Basis for Raising a Complaint

a. Unilateral Alteration of Contract Terms

Article 1700 of the Civil Code of the Philippines prohibits unilateral amendments to a valid contract. Imposing new work assignments, such as managing an additional branch, without the employee’s consent could be a violation of this provision unless expressly allowed in the contract.

b. Doctrine of Management Prerogative

Under Philippine labor law, employers have the management prerogative to direct the operations of their business, including the assignment of tasks. However, this prerogative must be exercised in good faith, with due regard to employees’ rights. Jurisprudence, such as Almario v. Philippine Airlines, Inc. (G.R. No. 170928, 2011), emphasizes that changes in duties must not exceed reasonable expectations or result in unfair treatment.

c. Constructive Dismissal

Assigning additional responsibilities without corresponding benefits or beyond an employee’s capacity may constitute constructive dismissal, as it effectively forces the employee to resign. As held in Globe Telecom, Inc. v. Florendo (G.R. No. 185200, 2012), any substantial change in duties must not prejudice the employee’s rights.

d. Breach of Labor Standards

Employers are obligated to provide fair compensation for additional work under Article 100 of the Labor Code (Non-Diminution of Benefits Rule). Failure to compensate for the added responsibilities may be grounds for a complaint.

3. Steps to Address the Issue

Step 1: Review Your Employment Contract

Examine the terms of your contract, especially the provisions regarding:

Job description and duties.
Flexibility in task assignments.
Compensation for expanded responsibilities.

Step 2: Engage in Dialogue with the Employer

Before taking formal legal action, consider discussing your concerns with your employer. Politely but firmly raise the following points:

Whether the additional assignment aligns with your agreed responsibilities.
Whether you will receive additional compensation or support for the expanded role.

Step 3: File a Formal Grievance

If discussions fail, file a written complaint with your company’s human resources department. This document should include:

A clear description of your original job scope.
Details of the additional tasks assigned.
How these changes impact your workload and compensation.

Step 4: Consult the Department of Labor and Employment (DOLE)

The DOLE provides mediation services for workplace disputes. Filing a complaint with DOLE can lead to a conciliation-mediation process, as outlined under DOLE Department Order No. 107.

Step 5: File a Complaint with the NLRC

If no resolution is achieved, file a formal case with the National Labor Relations Commission (NLRC). Depending on the circumstances, you may allege:

Breach of contract.
Constructive dismissal.
Unfair labor practice.

4. Remedies Available Under Philippine Labor Law

a. Reinstatement of Original Duties

The NLRC may order the employer to reinstate your original duties and remove any unilaterally imposed changes.

b. Compensation for Additional Work

If the assignment of additional duties is deemed valid, you may demand proportional compensation under Article 127 of the Labor Code.

c. Damages for Breach of Contract

You may claim actual damages for lost opportunities and moral damages for undue stress caused by the employer’s breach of contract.

d. Constructive Dismissal Compensation

If you choose to resign and file a constructive dismissal case, you may seek:

Back wages.
Separation pay.
Damages for unlawful termination.

5. Key Jurisprudence on Unilateral Work Assignments

Several Supreme Court rulings provide guidance on this issue:

Globe Telecom v. Florendo: Constructive dismissal arises when additional work imposes undue burden without consent.
Almario v. Philippine Airlines, Inc.: Management prerogative has limits; changes must not be oppressive.
Agro Commercial Security v. NLRC (G.R. No. 82836, 1990): Employers may expand duties within reasonable bounds but must offer fair compensation.

6. Practical Tips for Protecting Your Rights

Document Everything: Keep records of your original contract, emails, and directives related to your new assignment.
Know Your Rights: Familiarize yourself with labor laws and precedents to build a strong case.
Seek Professional Assistance: Consult a labor lawyer for personalized advice.

Conclusion

Being tasked with responsibilities outside the agreed terms of your employment contract is a serious issue that requires careful legal action. Employers must act within the bounds of management prerogative and contractual obligations. If they fail to do so, employees have legal remedies to assert their rights.

In your case, it is essential to assess whether the additional duties were imposed unilaterally, whether they constitute a breach of contract, and whether you are entitled to additional compensation. With a systematic approach and sound legal advice, you can address this concern effectively.