Question Administrative complaint

Thank you very much CSC for the help. God bless us all.

Good day Sir/Madam:

Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nonetheless, we refer your attention to Section 13 (a), Rule IV of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions, which provides that:

“3. Reassignment is presumed to be regular and made in the interest or exigency of public service unless proven otherwise or if it constitutes constructive dismissal. Constructive dismissal exists when an official or employee quits his/her work because of the agency head’s unreasonable, humiliating, or demeaning actuations, which render continued work impossible because of geographic location, financial dislocation and performance of other duties and responsibilities inconsistent with those attached to the position. Hence, the employee is deemed illegally dismissed. This may occur although there is no diminution or reduction in rank, status or salary of the employee.

Reassignment that constitutes constructive dismissal may be any of the following:

i. Reassignment of an employee to perform duties and responsibilities inconsistent with the duties and responsibilities of his/her position such as from a position of dignity to a more servile or menial job;
ii. Reassignment to an office not in the existing organizational structure;
iii. Reassignment to an existing office but the employee is not given any definite set of duties and responsibilities;
iv. Reassignment that will cause significant financial dislocation or will cause difficulty or hardship on the part of the employee because of geographic location; or
v. Reassignment that is done indiscriminately or whimsically because the law is not intended as a convenient shield for the appointing/disciplining officer to harass or oppress a subordinate on the pretext of advancing and promoting public interest such as reassignment of employees twice within a year, or reassignment of career service officials and employees with valid appointments during change of administration of elective and appointive officials.

Reassignment that results in constructive dismissal must be sufficiently established.”

In the present case, if the reassignment constitutes constructive dismissal as enumerated above, the complainant may file for a complaint for constructive/illegal dismissal and violation of Civil Service rules.

We hope that we were able to answer your query.

Thank you so much for the reply CSC.

IF I COULD FILE A COMPLAINT FOR CONSTRUCTIVE DISMISSAL AND VIOLATION OF CSC RULES ON REASSIGNMENT (SEC. 13 PAR. (A)(3) OF THE ORAOHRA, WHAT WOULD BE THE ADMINISTRATIVE SANCTION/PENALTY FOR VIOLATING SAID RULES?

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, Section 111, Rule 21, of the 2017 RACCS provide that an aggrieved party in non-disciplinary cases (including those who are subjects of Orders for reassignment, detail, transfer, or secondment) may avail of the remedies provided for under Rule 12 (Motion for Reconsideration) and Rule 13 (Appeal) of the said rules. As such, a reversal of an order after finding that the same had been issued in violation of existing civil service laws, rules, and/or regulations, shall cause the restoration of the employee to his/her former position.

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