Dear Attorney,
I am currently employed as a mechanic with a company, but they have informed me that they want to assign me as a driver instead. This is not the position stated in my contract, and I have never signed a contract for this new role. They promised me compensation until September, but now they are insisting that I become a driver. What should I do in this situation? Can they legally change my role without my consent?
Sincerely,
A Concerned Employee
Insights
In the Philippines, employment is governed by both the Labor Code and the specific terms of the employment contract agreed upon between employer and employee. A key principle in employment law is that any modification to the terms and conditions of employment, such as changes in job responsibilities or position, must have the employee's consent. If an employer unilaterally alters the role or duties of the employee without agreement, it can be a breach of contract.
Contractual Obligations
The signed employment contract serves as a binding agreement between both parties, specifying the nature of the job, salary, and working conditions. Under the principle of pacta sunt servanda, which means "agreements must be kept," the employer is legally obligated to adhere to the agreed-upon terms. Changing an employee's job from a mechanic to a driver, as mentioned, would typically require a new contract or an addendum to the existing contract, which the employee must agree to.
Legal Remedies for the Employee
If an employer forces an employee to take on a different role without their consent, the employee can refuse the change and file a complaint with the Department of Labor and Employment (DOLE). The employee may invoke their right to security of tenure, which guarantees that they cannot be removed from their position or subjected to drastic job changes without just cause or agreement.
The employee may also demand the full compensation they were promised, as any failure to pay wages as agreed may constitute a violation of labor laws, potentially leading to penalties for the employer.
Conclusion
The employer cannot unilaterally change the terms of an employment contract, including job roles, without the employee's consent. The employee should seek legal counsel or file a complaint with DOLE if their employer persists in trying to modify the contract without agreement.