The Employee Transfer Letter Due To Poor Performance is a crucial document used in Philippine workplace settings when an organization needs to reassign an employee due to documented performance issues. This document must carefully balance the employer's prerogative to manage their workforce with the employee's rights under Philippine labor law, particularly regarding security of tenure and due process. It should be used after documented performance improvement attempts and must include specific details about previous performance evaluations, improvement plans, and the nature of the new role. The letter serves multiple purposes: documenting the transfer decision, communicating new role expectations, and ensuring compliance with Philippine labor regulations, including the Labor Code and relevant DOLE guidelines. This document is particularly important as it helps prevent potential constructive dismissal claims while providing a clear paper trail of the employment action.
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1. Letter Header: Company letterhead, date, reference number, and formal address to the employee
2. Subject Line: Clear indication that this is a transfer notice due to performance concerns
3. Opening Statement: Professional introduction referencing previous performance discussions and evaluations
4. Performance Context: Brief, factual summary of performance issues and prior improvement attempts
5. Transfer Details: Specific information about new role, location, reporting structure, and effective date
6. Terms and Conditions: Confirmation of salary, benefits, and any changes in employment terms
7. Expectations: Clear outline of performance expectations in the new role
8. Acknowledgment: Space for employee signature and date to confirm receipt of the letter
1. Probationary Period: Details of any probationary period in the new role, used when applicable under company policy
2. Training Support: Outline of additional training or support to be provided, included when company offers transition assistance
3. Alternative Options: Other available positions or alternatives, included when company policy requires offering multiple options
4. Union Consultation: Reference to union consultation, required if employee is covered by collective bargaining agreement
5. Appeal Process: Information about internal appeal procedures, included if company policy allows appeals for transfers
1. Performance Evaluation Records: Copies of relevant performance evaluations and improvement plans
2. New Position Description: Detailed job description and responsibilities of the new role
3. Transfer Timeline: Schedule of transition dates and milestones
4. Acknowledgment Form: Separate form for employee signature and acceptance/rejection of transfer
5. Previous Communications: Copies of prior performance-related communications and warnings
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Financial Services
Information Technology
Retail
Healthcare
Education
Construction
Telecommunications
Business Process Outsourcing
Hospitality
Transportation
Energy
Agriculture
Mining
Public Sector
Relevant Teams
Human Resources
Legal
Compliance
Employee Relations
Performance Management
Labor Relations
Training and Development
Operations
Management
Relevant Roles
Human Resources Manager
HR Business Partner
Legal Counsel
Department Manager
Performance Management Specialist
Employee Relations Manager
HR Director
Compliance Officer
HR Operations Manager
Training and Development Manager
Labor Relations Manager
Unit Supervisor
Division Head
Chief Human Resources Officer
Industrial Relations Manager
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