Promotion of an employee

Summary

▪ Promotion is the advancement of a position with an increase in duties and responsibilities.

▪ Increase of salary is incidental, and not required.

▪ Acceptance by an employee is required for a promotion to be valid.

1. Concept

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, 06 October 2010)

a. Increase of salary, not determinative

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 Filipino Echo 2000 Chapter-CLO, G.R. No. 214092, 11 January 2016)

2. Requires acceptance by 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 the basis of an employee’s dismissal from service. (Ibid.)

References

▪ Jurisprudence or Supreme Court Decisions

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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