Letter to a Lawyer

Dear Attorney,

I am writing to seek your guidance on a matter concerning my employment. I am currently in a "floating status," and my employer has offered me a position or area that I find challenging to accept. I would like to know the valid and legal grounds for refusing this assignment without jeopardizing my rights as an employee.

Could you provide detailed advice on what the law says about this situation, the rights of employees during floating status, and the valid reasons for declining such assignments? Your expertise would greatly help me understand my position and protect my interests.

Sincerely,
A Concerned Employee

Legal Perspective on Refusing an Assigned Position or Area During Floating Status in the Philippines

1. Understanding "Floating Status" in Philippine Employment Law

Floating status occurs when an employer temporarily suspends an employee's work duties, typically due to operational reasons, without terminating the employment. This is common in industries like security services, BPOs, and logistics, where assignments may depend on client contracts or specific project availability. During this period, employees are still considered employed but may not perform regular work or receive full wages unless the suspension exceeds six months. Under Article 301 of the Labor Code of the Philippines, floating status is lawful as long as it does not exceed six months.

However, when employees are reassigned or offered new roles during floating status, they retain the right to refuse assignments under certain circumstances, provided the refusal aligns with legitimate grounds.

2. Valid Reasons for Refusing a Position or Area During Floating Status

An employee may decline an assigned position or area during floating status based on the following grounds:

a. The Position or Assignment Violates Labor Standards

Discrepancy in Compensation: If the offered role provides a lower salary or violates the principle of "non-diminution of benefits," the employee has the right to refuse the assignment.
Unreasonable Work Conditions: The job may expose the employee to unsafe working environments, unreasonable workloads, or responsibilities not aligned with the job description.

b. The Assignment Constitutes Constructive Dismissal

An employee may refuse an assignment if it effectively demotes them, undermines their professional qualifications, or places them in a role significantly less desirable than their previous position. Such acts could be seen as constructive dismissal, a violation of the employee's rights under labor law.

c. Geographic or Relocation Challenges

Distance and Accessibility: Assignments that are unreasonably far from the employee's residence, leading to undue hardship, can be grounds for refusal.
Family or Personal Considerations: Obligations such as childcare, eldercare, or medical conditions may make certain assignments untenable.
Economic Viability: If the cost of commuting or relocating for the new position outweighs the compensation offered, the employee may reasonably decline.

d. Health and Safety Concerns

Employees have the right to refuse assignments that put their health at risk, especially during public health crises or in hazardous environments. The Occupational Safety and Health Standards Act (Republic Act No. 11058) supports employees in such cases.

e. Lack of Proper Training or Skills

If the offered role requires specialized skills, certifications, or qualifications that the employee does not possess, they may refuse the assignment. Employers cannot expect employees to undertake tasks for which they are not adequately trained.

f. Discrimination or Unfair Labor Practices

An employee can refuse an assignment if the offer is made in bad faith or as a form of punishment, retaliation, or discrimination. Any action perceived as unjust or inequitable may be challenged under the Labor Code and anti-discrimination laws.

g. Violation of Company Policies or Employment Contract

If the reassignment contradicts the terms of the employment contract, company policies, or a collective bargaining agreement (CBA), it can be legally refused. For instance, the contract may specify limits on geographic mobility or job scope.

3. Legal Recourse for Employees

If an employer insists on an assignment despite valid reasons for refusal, employees can take the following steps:

a. Engage in Open Communication

Employees should first communicate their concerns to their employer in writing, explaining their refusal based on objective grounds.

b. Seek Mediation or Grievance Redressal

Most companies provide internal mechanisms for resolving employment disputes. Employees should exhaust these remedies before escalating the matter.

c. File a Complaint with the DOLE

If internal mechanisms fail, employees can seek intervention from the Department of Labor and Employment (DOLE). This may include requesting mediation, conciliation, or arbitration.

d. File a Case for Constructive Dismissal or Unlawful Retaliation

If an assignment constitutes a violation of labor laws or results in constructive dismissal, employees may file a case before the National Labor Relations Commission (NLRC).

4. Employer’s Right to Reassign: Limitations and Responsibilities

While employers have the managerial prerogative to assign duties and reassign employees, this power is not absolute. Employers must ensure that assignments are:

Reasonable and Fair: Assignments should align with the employee’s qualifications and professional history.
Compliant with Labor Laws: Any reassignment must adhere to standards set by the Labor Code, occupational safety laws, and anti-discrimination statutes.
Consensual in Nature: Employers cannot coerce employees into accepting roles that violate their rights or contractual agreements.

5. Case Law and Jurisprudence

The Supreme Court of the Philippines has decided several cases relevant to this topic. Notable examples include:

Equitable Banking Corp. v. NLRC: The Court held that reassignments must not involve demotions or significant changes in job responsibilities without just cause.
Insular Life Assurance Co., Ltd. v. NLRC: The Court emphasized that employees cannot be forced to accept roles that substantially alter their terms of employment.
San Miguel Corp. v. Lao: The Court ruled that an employer’s prerogative to reassign is not absolute and must be exercised with fairness and good faith.

6. Practical Tips for Employees

Document All Communications: Maintain a written record of discussions regarding the reassignment, including emails and formal notices.
Understand Your Rights: Review your employment contract, company policies, and applicable labor laws to identify potential violations.
Seek Legal Counsel: If unsure, consult a lawyer to assess your case and determine the best course of action.

Conclusion

Refusing an assigned position or area during floating status is a sensitive decision that must balance the rights of the employee with the prerogative of the employer. Valid grounds for refusal include violations of labor standards, geographic challenges, health and safety concerns, and discriminatory practices. Employees are encouraged to engage in open dialogue with their employer and seek legal remedies if their rights are compromised. Employers, in turn, must ensure that assignments are reasonable, lawful, and made in good faith to avoid disputes.