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Question Employee that has an ongoing court case

2 years 9 months ago #8172 by Giovanni Cabanig
Giovanni Cabanig created the topic: Employee that has an ongoing court case
Good day!

Can the agency renew an employee's contract if he has an on-going court case? He is charged with violation to Article 217 of the Revised Penal Code.

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2 years 9 months ago #8175 by Action Officer
Action Officer replied the topic: Employee that has an ongoing court case
Good day Sir/Madam:

This is to reiterate 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.

Anent your query, an agency may or may not renew an employee’s contract while the latter has a case pending before any court, tribunal, quasi-judicial body or agency. The agency/employer and employee shall be governed by the terms and provisions stipulated in their contract.

In this case, the agency may refer to the provisions on renewal of contract which may be found in the contract signed between the former and employee.

We hope that we were able to answer your query.

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