Sunday, January 29, 2012

Does a City Vice Mayor have the right to compel employees to join the inter-office cheering dance competition?

there's a cheering competition for employees of the Vigan City Government and some of the employees are refusing to join for personal reasons, would it be right for the Vice Mayor to impose administrative actions towards these employees?Does a City Vice Mayor have the right to compel employees to join the inter-office cheering dance competition?I'm going to qualify my answer by pointing out that I am not familiar with the legal system of the Philippines or of the legal systems on which Philippine law might be based. (Native Philippine laws, Spanish, and before that, Roman Law. Whichever ones are appropriate here.)



If the duty to enter such activities is not included in any formal 'job description' the employee was hired under, then the Vice Mayor has no right to add them on to the job description.

The act of being hired is basically a kind of contract between the employer and the employee. To change the job description would be a change in the contract and any changes to the contract must therefore be negotiated.



If no-one has been compelled to do this type of thing before, then the actions of the Vice Mayor are a novelty and he or she probably doesn't have the authority to compel any one to do work or other activities which are outside of their job description if they don't want to do them.



So, as far as I'm concerned, participation in these can only be voluntary. No "administrative actions" can be applied if the employee chooses to not volunteer for the activity.



That's a preliminary legal opinion (although I'm not a lawyer- I did have training in labour union leadership, though ).



I have no idea what cultural traditions and 'norms' might be involved with this situations, but I suspect the cultural practices wouldn't stand up to legal scrutiny.



In addition to that, you should check to see what actual power the position of Vice Mayor has in relation to the day to day management of civic employees. I suspect he-- or she-- won't actually have much authority unless certain circumstances occur (the mayor becomes ill, or there is a civil emergency, that kind of thing. )



Finally, if the cheerleading practices are being held during working hours, the taxpayers who pay the bills might not appreciate civic workers doing something other than what they were hired to do.Does a City Vice Mayor have the right to compel employees to join the inter-office cheering dance competition?I would imagine that unless he agreed not to do so in advance, he has every right to impose sanctions for those who do not participate.

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