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Question payment of back salaries and other monetary benefits

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francine
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4 years 6 months ago #3817 by francine

francine created the topic: payment of back salaries and other monetary benefits

What will happen when an employee who was reinstated resigns pending the decision of the clarification of the payment of her/his back salaries and other monetary benefits? Does the agency concerned still have to pay the employee when the Commission decides that she/he be given back salaries and other monetary benefits even though the reinstated employee has already resigned?

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Action Officer
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4 years 6 months ago #3985 by Action Officer

Action Officer replied the topic: payment of back salaries and other monetary benefits

Hi! This refers to your query on whether an employee who has resigned is still entitled to payment of back salaries and other benefits.

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

The answer to that query is in the affirmative.

In the event that an employee has already resigned from office while his appeal is pending with the Commission, he is still entitled to the payment of back salaries and other benefits, after the Commission has ruled so. This finds support in Section 74, Rule 14 of the 2017 Rules on Administrative Cases in the Civil Service (RACCS) which states that "[A]n illegally dismissed or suspended official or employee who is exonerated/reprimanded and ordered reinstated in the service" shall be entitled to payment of back salaries and other benefits.

We hope to have enlightened you on the matter.

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