Refusal to be promoted no basis for dismissal

Dear PAO,

My boss wants to promote me from warehouse helper to supervisor. The supervisor’s job is difficult, and there is no extra pay, so I refused. He threatened to use my refusal as a basis for my dismissal. Is refusal of promotion a basis for an employee’s dismissal from work?

Dan

Dear Dan,

Please be informed of the Supreme Court’s ruling in the case of Echo 2000 Commercial Corp. et al. v. Obrero Filipino-Echo 2000 Chapter CLO et al., docketed as GR 214092 and penned by Associate Justice Bienvenido Reyes, where it was provided that:

“A transfer is a movement from one position to another which is of equivalent rank, level or salary, without break in service. Promotion, on the other hand, is 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. Conversely, demotion involves a situation where an employee is relegated to a subordinate or less important position constituting a reduction to a lower grade or rank, with a corresponding decrease in duties and responsibilities, and usually accompanied by a decrease in salary.

“For promotion to occur, there must be an advancement from one position to another or an upward vertical movement to 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.

“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 in law as insubordination, or willful disobedience of a lawful order of the employer, hence, it cannot be a basis of an employee’s dismissal from service.” (Emphasis added)

As provided in the aforementioned jurisprudence, an employee is not bound to accept a promotion, which is in the nature of a gift or reward. An employee has every right to refuse a promotion, and such refusal cannot be considered insubordination or willful disobedience. As such, it cannot serve as a basis to terminate an employee.

In your situation, despite the fact that no extra pay is offered, the assumption of the post of supervisor from warehouse helper could be considered a promotion as it entails advancement from one position to another or an upward vertical movement to the employee’s rank or position. Your refusal to accept the same was, therefore, valid, and it cannot be used as the basis for your dismissal from service.

This opinion is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when the facts are changed or elaborated on. We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]