Dear Atty. Maan,

I am currently pregnant and informed my employer about my condition. Shortly afterward, I was transferred from my usual workplace to another office that is much farther from my residence. My position and basic salary remained the same, but the new assignment requires significantly longer travel and makes reporting for work more difficult because of my pregnancy. Can I refuse the said transfer because of my condition?

Camille

Dear Camille,

While an employer generally has the prerogative to transfer employees according to legitimate business requirements, that prerogative is not absolute. In Paulino v Sutherland Global Services Inc.-Clark, G.R. No. 262564, 6 August 2025, the Supreme Court considered the transfer of a pregnant employee to a workplace approximately 35 kilometers away and ruled in her favor.

The Court reiterated that: “Management prerogative is not absolute and must be exercised in good faith. xxx Further, the Supreme Court held that as the prime duty bearer and as the last bulwark of justice and democracy, it is constitutionally mandated to protect working women against all forms of discrimination and to ensure that they enjoy decent work environments, with due regard to their maternal functions.”

Article XIII, Section 14 of the 1987 Constitution states: SECTION 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. Xxx

“To the Court’s mind, the circumstances, taken collectively, demonstrate respondent et al.’s discrimination against petitioner on account of her pregnancy. Such discrimination constitutes not only constructive dismissal but also a violation of the Magna Carta of Women.” A transfer may therefore constitute constructive dismissal when it is unreasonable, inconvenient, or prejudicial to the employee, or when the circumstances show discrimination or bad faith. The employee’s pregnancy is also significant. Employers must exercise their management prerogatives consistently with laws protecting women against discrimination in employment. Thus, although an employee does not ordinarily have an absolute right to insist on a particular work assignment, an employer cannot use its power to transfer personnel in a discriminatory or oppressive manner.

Hope this helps.

Atty. Mary Antonnette Baudi