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HELMUT DOSCH v. NLRC

This case has been cited 1 times or more.

2007-02-27
SANDOVAL-GUTIERREZ, J.
Concerning the transfer of employees, these are the following jurisprudential guidelines: (a) a transfer is a movement from one position to another of equivalent rank, level or salary without break in the service or a lateral movement from one position to another of equivalent rank or salary;[4] (b) the employer has the inherent right to transfer or reassign an employee for legitimate business purposes;[5] (c) a transfer becomes unlawful where it is motivated by discrimination or bad faith or is effected as a form of punishment or is a demotion without sufficient cause;[6] (d) the employer must be able to show that the transfer is not unreasonable, inconvenient, or prejudicial to the employee.[7]