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Question Violation of Section 13 (a) (3) of the 2017 ORAOHRA

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iam_acedavid
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2 years 3 weeks ago #10424 by iam_acedavid

iam_acedavid created the topic: Violation of Section 13 (a) (3) of the 2017 ORAOHRA

I am a permanent employee whose appointment was station-specific. I was reassigned and was given duties inconsistent with the duties and responsibilities of my position. I complied with the reassignment order and performed the menial job. I did not file an appeal with the Honorable Commission. However, I am considering filing a complaint for constructive dismissal and violation of CSC rules on reassignment (Sec. 13(a)(3) of the ORAOHRA).

May I know the administrative sanction for violating the CSC rules on reassignment?

Thank you very much.

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Action Officer 21
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2 years 2 weeks ago - 2 years 2 weeks ago #10766 by Action Officer 21

Action Officer 21 replied the topic: Violation of Section 13 (a) (3) of the 2017 ORAOHRA

Hi iam,

Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be, or is actually, a subject of a complaint or appeal before it.

Be that as it may, Rule 21 of the 2017 RACCS provide for the remedies in non-disciplinary cases, to wit:

Section 111. Remedies in non-disciplinary cases. The aggrieved party in non-disciplinary cases may avail of the applicable remedies provided for under Rules 12 and 13 unless otherwise provided by law or these Rules.

All actions of CSC ROs or other offices within CSC may be brought to the Commission Proper by way of a petition for review.

Section 112. Effects of Decisions of the Commission on Appeal or Petition for Review. Where the Commission sets aside or reverses a decision, the effect shall be as follows:

a. Dropping from the Rolls – the employee shall be reinstated immediately to his/her former post with payment of back wages and other monetary benefits;
b. Illegal Termination - the employee shall be reinstated with payment of back wages and other monetary benefits;
c. Disapproval, Invalidation, and Revocation of Appointments - the appointee shall remain in that position.
d. Reassignment, Transfer, Detail, or Secondment – the employee shall be restored to former position; and
e. Demotion– the employee shall be entitled to back wages and other similar benefits and restoration of former salary grade with the same salary step.

Moreover, Section 13(a)(4), Rule IV of the 2017 ORAOHRA provide, that, the employee may appeal the reassignment order within 15 days upon receipt thereof to the Commission or CSC RO with jurisdiction, as provided under specific law, if he/she believes there is no justification for the reassignment. Pending appeal, the reassignment shall not be executory. The Decision of the CSC RO may be further appealed to the Commission within 15 days from receipt thereof.

Further, Section 13(a)(1) thereof provide, that reassignment of employees with station-specific place of work indicated in their respective appointments within the geographical location of the agency shall be allowed only for a maximum period of one (1) year.

It is hoped that we have guided you on the matter.

Last Edit: 2 years 2 weeks ago by Action Officer 21.

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