Employer's power to PROMOTE workers
Let's start with a definition of promotion. The Supreme court has given definition for the term "promotion" as the advancement from one position to another involving increase in duties and responsibilities as authorized by law, usually accompanied by an increase in compensation and benefits. From this definition, it can be inferred that promotion does not always involve more pay. But then again, no employee would accept more duties without getting better pay.What is the difference between transfer and promotion? Promotion denotes a scalar ascent of an officer or an employee to another position, higher either in rank or salary. Transfer, on the other hand, involves lateral movement from one position to another of equivalent level, rank or salary.
Take note of some jurisprudential principles behind the concept of promotion in Labor Law:
[1] An employer cannot compel his employees to accept promotion; an employee has the right to refuse promotion. In civil law, no person is compelled to accept the kindness of another. In fact, there exists no law requiring employees to say yes to any promotion.
[2] Promotion is in the nature of a gift or reward. Every person has the right to refuse to accept a gift or reward. No person shall be punished for refusal to be promoted since it is a valid exercise of such.
[2] Promotion is in the nature of a gift or reward. Every person has the right to refuse to accept a gift or reward. No person shall be punished for refusal to be promoted since it is a valid exercise of such.
[3] Employment is contractual in nature. Therefore, the consent of an employee is required for there to be valid promotion even if said promotion is a result of transfer (not a direct promotion).
[4] There is no punishment for a employee's refusal to be promoted. He cannot be removed from work simply because of such refusal. Such refusal does not amount to insubordination or willful disobedience of a lawful order.
[5] The power to remove is a right which must be exercised with honesty and in good faith. Hence, an employer’s decision to promote is valid for as long as there is no bad faith.
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