Chu v.

NLRC, 232 SCRA 764 (1994);

• • SC RULES IN FAVOR OF VICTORIA’S MILLING. THE COMPANY’S
PREROGATIVE TO TRANSFER CHU WAS NOT LIMITED BY THE SPECIAL CONTRACT
OF EMPLOYMENT
• • Certain rights are inherent in the management of business enterprises, these
are called management prerogatives or acts by which one directing a business is able
to control the variables to enhance the chances of making profit.
• • In short, the elbowroom in his quest for profits.
• • One of such prerogatives is the right to transfer employees in their
workstation based on the employer’s assessment and perception of its employee’s
qualifications, aptitudes, and competence.
• • When the transfer is not unreasonable, nor inconvenient, not
prejudicial, and does not involve a demotion in rank, or diminution of salaries,
benefits, and other privileges, there is no constructive dismissal.
• • Even as the law is solicitous of the welfare of employees, it must also
protect the right of an employer to exercise what are clearly management
prerogatives.
• • The free will of management to conduct its own business affairs to achieve its
purpose cannot be denied.
• • An employee’s right to security of tenure does not give him such a vested
right in his position as would deprive the company of its prerogatives to change
his assignment or transfer him where he will be most useful.
• • The court found no waiver of right to transfer petitioner in the “Special
Contract of Employment” as there is no stipulation to that effect.
• • The mere specification in the employment contract of the position to be held
by the employee is not such stipulation.