IS TRANSFERRING A MEDREP A MANAGEMENT PREROGATIVE? Medrep A was hired by Abbott as a Professional Medical Representative. After undergoing training, he was assign in Sta. Cruz, Binondo and a part of Quiapo and Divisoria. Prior to his employment, he signs an employment contract with Abbott and agrees that; 1) that if employed he will accept assignment in the provinces and/or cities anywhere in the Philippines; 2) he is willing and can move into and live in the territory assigned to him; and (3) that should any answer or statement in his application for employment be found false or incorrect, he will be subject to immediate dismissal, if then employed. After regularization or 10 months of being employed by Abbott. He received a memo that he was to be assigned in a new opened territory which is Cagayan Valley. - Cagayan, Nueva Vizcaya and Isabela. Among the reason given on the memo of his transfer was - the territory required a veteran and seasoned PMR who can operate immediately with minimum training and supervision. Likewise, a PMR who can immediately exploit the vast business potential of the area. He protested this abrupt transfer and his lawyer wrote to Abbott saying that it was not only a demotion but also personal and punitive in nature without basis legally and factually. Abbott also issued to Medrep A a counter memo that should he fail to abide the transfer order, he will be dropped from the payroll because of job abandonment. He then filed a vacation leave and filed a case before the NLRC. Medrep A was dismissed from Abbott due to insubordination for refusing to accept new assignment. The Labor Arbiter ruled that his dismissal was valid but the NLRC later reversed the Labor Arbiter ruling so Abbott elevated the case to the Supreme Court. The Supreme Court ruled that; MEDREP TRANSFER IS A MANAGEMENT PREROGATIVE. It opines that; had no valid reason to disobey the order of transfer. He had tacitly given his consent thereto when he acceded to the petitioners policy of hiring sales staff who are willing to be assigned anywhere in the Philippines which is demanded by the petitioners business. By the very nature of his employment, a drug salesman or medical representative is expected to travel. He should anticipate reassignment according to the demands of their business. It would be a poor drug corporation which cannot even assign its representatives or detail men to new markets calling for opening or expansion or to areas where the need for pushing its products is great. More so if such reassignments are part of the employment contract. ABBOTT LABORATORIES (PHILIPPINES), INC., and JAIME C. VICTA petitioners, vs .NATIONAL LABOR RELATIONS COMMISISON and ALBERT BOBADILLA respondents G.R. No. 76959 October 12, 1987
Posted on: Sun, 30 Nov 2014 05:56:28 +0000
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