What are the rules for a demotion of an employee?

What are the rules for a demotion of an employee?

A clear and reasonable list of rules should be framed, violation of which would subject an employee demotion. This information should be clearly communicated to employees. There should be a proper investigation of any alleged violation.

Can a person refuse to accept a demotion?

However, if an employee unreasonably refuses to accept the demotion, then he/she will not be entitled to severance pay. The employer can only offer the option of a demotion provided that it is made in the process of a properly conducted retrenchment programme.

When to use demotion as a disciplinary measure?

As a disciplinary measure, demotion is allowed only in circumstances where dismissal is justified, but, due to mitigating factors, the employer decides not to dismiss the employee. Thus, under these circumstances, demotion will be permissible where dismissal is justified, and the employee has consented to the alternative, namely demotion.

Can a person be demoted without a contract?

On the face of it, demotion, where it is not permitted under an employee’s contract of employment or it is without their agreement, could constitute a breach of contract, such that the employee may be able to resign and claim constructive dismissal.

Are there any rules for demotion of employees?

But an increasing number are now turning to law guides and lawyers for PRIOR advice to avoid serious consequences. 44 Rules on Employee Transfer and Demotion is one such guide which provides answers to the usual questions on employee transfer and demotion.

What are the rules for transfer and demotion?

44 Rules on Employee Transfer and Demotion is one such guide which provides answers to the usual questions on employee transfer and demotion. This is a must-have for employers who wish to make the right decision and avoid or minimize litigation.

What are the rules for demotion in the Philippines?

KNOWLEDGE OF THE RULES WILL KEEP YOU FROM MAKING COSTLY MISTAKES! This work can guide HR specialists, managers and business owners in making the right decisions and implementing management choices the legal way. Questions regarding timing of transfer, acts to avoid, lateral functions, location, and rank are concisely discussed in this work.

However, if an employee unreasonably refuses to accept the demotion, then he/she will not be entitled to severance pay. The employer can only offer the option of a demotion provided that it is made in the process of a properly conducted retrenchment programme.