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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
An employee is not bound to accept a promotion, which is in the nature of a gift or reward. Refusal to be promoted is a valid exercise of a right. Such exercise cannot be considered an insubordination or willful disobedience of a lawful order of the employer, hence, it cannot be the basis of an employee’s dismissal from service. (Echo 2000 Commercial Corporation v. Obrero Pilipino Echo 2000 Chapter-CLO, Id.)
Promotion refers to the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. (Coca-Cola Bottlers Philippines, Inc. v. Del Villar, G.R. No. 163091, October 06, 2010)
For promotion to occur, there must be an advancement from one position to another or an upward vertical movement of the employee’s rank or position. Any increase in salary should only be considered incidental but never determinative of whether or not a promotion is bestowed upon an employee. (Echo 2000 Commercial Corporation v. Obrero Pilipino Echo 2000 Chapter-CLO, G.R. No. 214092, January 11, 2016)
Is acceptance of a promotion mandatory? In other words, can an employer compel his employee to accept a promotion? Can he be terminated if he does not accept the promotion?
Jurisprudence says:
An employee is not bound to accept a promotion, which is in the nature of a gift or reward. Refusal to be promoted is a valid exercise of a right. Such exercise cannot be considered an insubordination or willful disobedience of a lawful order of the employer, hence, it cannot be the basis of an employee’s dismissal from service. (Echo 2000 Commercial Corporation v. Obrero Pilipino Echo 2000 Chapter-CLO, Id.)
A transfer that results in promotion cannot be done without the employee’s consent since there is no law that compels an employee to accept a promotion for the reason that a promotion is in the nature of a gift or reward, which a person has a right to refuse.
If an employee refuses to accept a promotion, he or she is exercising a right and cannot be punished, much less, terminated for it under the principle that he who uses his own leave right injures no one.
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