Dear Attorney,
I am currently employed in a position where my actual job duties differ from the job description provided to me when I was hired. This discrepancy has created confusion regarding my responsibilities, and I am concerned about its legality. I would like to seek advice on whether my employer is allowed to assign tasks that were not part of my original job description. Could you help clarify what my rights are in this situation and how I should proceed?
Sincerely,
[Concerned Employee]
Insights
In the Philippines, the issue of job duties differing from the job description touches upon several legal concepts, particularly employment law provisions regarding employee rights and employer obligations.
Legal Framework on Job Descriptions
Job descriptions in the Philippines serve as a clear guide for both employers and employees, outlining the agreed-upon duties and responsibilities at the time of hiring. These descriptions form part of the employment contract, which is governed by the Labor Code of the Philippines. When job duties significantly deviate from what was originally agreed upon, this could potentially breach the employment contract, leading to legal disputes between the employee and employer.
Key Concepts: Breach of Contract and Constructive Dismissal
An employer who consistently assigns tasks outside the scope of the job description may be liable for a breach of contract. The employment contract binds both parties to their respective obligations, and any unilateral changes that alter the terms of employment can be contested by the employee.
In some cases, the drastic alteration of job duties could also lead to "constructive dismissal," which occurs when the employer makes working conditions so unbearable that the employee feels forced to resign. Under Philippine law, constructive dismissal is recognized as a form of illegal dismissal. Employees can file claims before the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC) if they believe they have been constructively dismissed.
Justifiable Reassignment
However, there are situations where employers may validly assign tasks outside of the original job description. Employers have the right to "management prerogative," which allows them to reorganize, reassign, or assign new tasks as long as the changes are reasonable, necessary for business operations, and within the scope of the employee's competencies. For instance, if the company is undergoing operational changes or the reassignments are temporary, the employer may argue that these new tasks are valid under management prerogative.
Remedies for Employees
If an employee believes that the assigned tasks are unreasonable or constitute a breach of the employment contract, they may take the following steps:
Review the Employment Contract: The employee should examine the contract and job description for clarity on the scope of work and any provisions related to job reassignment.
Communicate with the Employer: An initial discussion with the employer to resolve the issue amicably is recommended. Employers may be unaware of the confusion caused by the task assignment.
Seek Legal Assistance: If informal efforts to resolve the matter fail, the employee may consult with a labor lawyer to determine whether the changes constitute a violation of labor law and how to pursue remedies, including filing complaints before DOLE or the NLRC.
Understanding the balance between employee rights and management prerogative is essential in addressing situations where job duties differ from the agreed-upon description.