Dear Attorney,

I am a mechanic employed by a company. Recently, they reassigned some of my colleagues but kept me in my current role, promising that my contract would continue until September and that I would be paid accordingly. However, now they are pressuring me to take on a different position as a driver, which is not the job I agreed to under my signed contract. I am worried about my rights and whether they can force me into a new role that I did not originally agree to. What should I do?

A Concerned Employee

Insights

In employment law in the Philippines, the principle of contractual obligations ensures that both the employer and employee are bound by the terms of their signed agreement. According to the Labor Code of the Philippines, an employer cannot unilaterally change the terms of employment without the employee's consent, as this would constitute a breach of contract. This includes changing an employee’s job position to one not agreed upon in the contract.

Right to Security of Tenure
One fundamental right protected under Philippine law is the employee's security of tenure. This means that an employee cannot be dismissed or forced into a different role without valid cause. If the employment contract specifies a particular position, the employer cannot demand that the employee take on a new role, such as becoming a driver, without obtaining their consent.

Employer’s Obligation
Under Article 1700 of the Civil Code, the relationship between employer and employee must be one of mutual respect and fairness. An employer's obligation is to adhere to the agreed-upon terms, and any attempt to modify those terms, especially regarding the job position, must be done with the employee’s consent.

Breach of Contract
Forcing an employee to perform duties outside of their contractual agreement, such as demanding a mechanic become a driver, could be seen as a breach of contract. The employee could file a formal complaint with the Department of Labor and Employment (DOLE) if their employer insists on this reassignment without prior agreement.

Remedies Available
If an employer insists on such a change, the employee may:

Refuse the new role, citing the original signed contract.
File a grievance with DOLE or seek assistance from a labor union if they are a member.
Pursue legal remedies for constructive dismissal if the forced reassignment makes their position untenable or leads to an effective resignation.

Conclusion
In the Philippines, an employer cannot legally force an employee to assume a different role than what was initially agreed upon. If the employer attempts to make such changes without consent, the employee has the right to refuse or seek legal recourse for breach of contract.