Management Prerogative to Transfer Employee Security Guards

Is transfer of a security guard equivalent dismissal?

No. In cases involving security guards, a relief and transfer order in itself does not sever employment relationship between a security guard and his agency. An employee has the right to security of tenure, but this does not give him such a vested right in his position as would deprive the company of its prerogative to change his assignment or transfer him where his service, as security guard, will be most beneficial to the client. (G.R. No. 160940)

Can the agency transfer its security guard?

Yes. The right to transfer employees from one office to another- provided there is no demotion in rank or diminution of salary, benefits and other privileges- is judicially recognized as a prerogative inherent in the employer's right to effectively control and manage the enterprise. (G.R. No. 118159)

To repeat for emphasis, the security guard's right to security of tenure does not give him a vested right to the position as would deprive the company of its prerogative to change the assignment of, or transfer the security guard to, a station where his services would be most beneficial to the client. Indeed, an employer has the right to transfer or assign its employee from one office to area of operation to another, or in pursuit of its legitimate business interest, provided there is no diminution in rank or diminution of salary, benefits, and other privileges, and the transfer is not motivated by discrimination or bad faith, or effected as a form of punishment ot demotion without sufficient cause.

Is the lapse of 6 month off-detailed period equivalent to constructive illegal dismissal?

No. It is manifestly unfair and unacceptable to immediately declare the mere lapse of six month period of floating status as a case of constructive dismissal, without looking into the peculiar circumstances hat resulted in he security guard's failure to assume another post. (G.R. No. 198538)