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Question REORGANIZATION / RESTRUCTURING

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1 year 5 months ago #11136 by Katipunero
Katipunero created the topic: REORGANIZATION / RESTRUCTURING
I am inquiring if the publication in the CSC Job Portal website is required for positions filled-up as a result of reorganization/restructuring of an agency? To make this query clear, hereunder are some facts that emanated from said situation:

1. The agency underwent restructuring/reorganization.
2. Qualified employees who opted to remain in the service was given appointments in acting capacity while waiting for positions to be declared vacant.
3. Positions declared vacant was posted on bulletin boards within the region.
4. Selection process pushed through, and those qualified and selected was issued appointments by the head of the agency, while the copies of appointments was sent to CSC for attestation.

Questions:
1. Is the publication on CSC website required considering that the law on security of tenure (Section 4 of RA 6656) states that "No new employees shall be taken in until all permanent officers and employees have been appointed, including temporary and casual employees who possess the necessary qualification requirements, among which is the appropriate civil service eligibility, for permanent appointment to positions in the approved staffing pattern, in case there are still positions to be filled, unless such positions are policy-determining, primarily confidential or highly technical in nature."

2. In the event that the publication on CSC website is required, is the compliance of the same, as a corrective measure, enough to validate the appointment for attestation? Or are we going back to square one (go through the selection process and deliberations all over again)?

Thank you for your preferential attention regarding this matter.

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1 year 4 months ago #11142 by Action Officer 14
Action Officer 14 replied the topic: REORGANIZATION / RESTRUCTURING
Dear Sir:
Please be informed that the forum refrains from rendering categorical opinions on matters and issues that may later be the subject of an administrative proceeding before the Commission 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.

Nevertheless, your attention is invited to the pertinent provision of Sec. 26, Rule VII (Publication and Posting of Vacant Positions) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORA OHRA), as amended, which states that:

“Sec. 26. The following positions are exempt from the publication and posting requirements:
x x x
“g. Those to be filled by existing regular employees in the agency in case of reorganization/rationalization; provided, the approved staffing pattern is posted in the agency bulletin boards and other conspicuous places in its central and regional/field offices.”

Please be guided accordingly.

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1 year 4 months ago #11143 by Action Officer 14
Action Officer 14 replied the topic: REORGANIZATION / RESTRUCTURING
Dear Sir:
Please be informed that the forum refrains from rendering categorical opinions on matters and issues that may later be the subject of an administrative proceeding before the Commission 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.

Nevertheless, your attention is invited to the pertinent provision of Sec. 26, Rule VII (Publication and Posting of Vacant Positions) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORA OHRA), as amended, which states that:

“Sec. 26. The following positions are exempt from the publication and posting requirements:
x x x
“g. Those to be filled by existing regular employees in the agency in case of reorganization/rationalization; provided, the approved staffing pattern is posted in the agency bulletin boards and other conspicuous places in its central and regional/field offices.”

Please be guided accordingly.

Please Log in or Create an account to join the conversation.

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1 year 4 months ago #11144 by Action Officer 14
Action Officer 14 replied the topic: REORGANIZATION / RESTRUCTURING
Dear Sir:
Please be informed that the forum refrains from rendering categorical opinions on matters and issues that may later be the subject of an administrative proceeding before the Commission 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.

Nevertheless, your attention is invited to the pertinent provision of Sec. 26, Rule VII (Publication and Posting of Vacant Positions) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORA OHRA), as amended, which states that:

“Sec. 26. The following positions are exempt from the publication and posting requirements:
x x x
“g. Those to be filled by existing regular employees in the agency in case of reorganization/rationalization; provided, the approved staffing pattern is posted in the agency bulletin boards and other conspicuous places in its central and regional/field offices.”

Please be guided accordingly.

Please Log in or Create an account to join the conversation.

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