Dear Attorney,
I am writing to seek legal advice regarding a situation at work. I am employed as a forklift operator under a contract with an agency, specifically outlining my duties as a forklift operator only. However, due to a malfunction in the forklift truck I operate, which has been out of service for several weeks, I was temporarily assigned to a different job that is not covered by my contract.
The new task I have been asked to perform seems outside the scope of my original duties and involves work in an area I consider hazardous. Despite my concerns for safety, I feel compelled to comply because my supervisor, a regular employee of the company, instructed me to do so. I am unsure if I have the right to refuse this task or if I should report the matter to my agency first.
Could you please advise on whether I can decline this assignment and if I should formally report this to my agency? Your guidance would be greatly appreciated.
Sincerely,
Forklift Operator Concerned About Job Assignment
Insights
Based on Philippine labor law, particularly under the Labor Code, the assignment of duties that go beyond what is stated in your employment contract can be problematic, especially when it involves tasks not reasonably related to the job you were hired for. Employers, whether through agencies or directly, must honor the terms of your employment contract. They cannot impose duties outside your agreed scope unless these are reasonably related to your main function, are temporary, or if there is a prior agreement between the parties involved.
In your situation, the fact that the assigned job is neither related to your work as a forklift operator nor falls under your contract is significant. You may have a valid reason to refuse the assignment, particularly if it involves hazardous tasks that could endanger your safety. Under the Occupational Safety and Health Standards in the Philippines, employees have the right to refuse work that is considered unsafe.
Additionally, since you are employed through an agency, it would be advisable to first communicate your concerns to your agency before refusing the work. This allows the agency to address the issue on your behalf and ensure that your rights as a worker are upheld. The agency has a responsibility to ensure that your contract is followed and that you are not put in a hazardous work environment.
In cases where you believe that your safety is at risk, you have the right to report the situation to your employer or supervisor. If the situation remains unresolved, you may file a complaint with the Department of Labor and Employment (DOLE), which oversees compliance with labor laws, including health and safety standards in workplaces. DOLE can intervene to ensure that employers respect your employment contract and provide a safe working environment.
If you feel your safety is immediately at risk, it is advisable to prioritize your well-being and report the situation to the appropriate authorities as soon as possible.