Question SALARY FOR EMPLOYEE UNDER TRANSFER APPOINTMENT WITH PROMOTION

Hi Sir/Ma'am,

May I ask if there is a legal basis for withholding the salary of the employee until the complete requirements in 201 file? With current circumstances, Clearances and other files from the originating agency has been slowly processed due to observance of skeletal work force and lockdowns, and the accepting agency still waiting and mandating to submit first the requirements from the originating agency. The period of notifying of transfer to the head of department in the originating agency lapses the 30 day period (currently more than 60 days) in Omnibus Rules as deemed approved to transfer.

Hoping for your enlightenment on this issue. Thank you.

Hi,
Section 6(d)(2nd Paragraph), Rule II, 2017 Omnibus Rules on Appointment and Other Human Resource Actions provide, that:

“In case of promotion, reappointment, or transfer involving movement from one department/agency to another and reemployment, clearance from money, property and work-related accountabilities from the appointee’s former office is required (CS Form No. 7, Revised 2018).”

Moreover, Section 11(c)(5th Paragraph), Rule IV of the same rules provide, that:

“It is understood that the employee who seeks to transfer is cleared from all money, property and work-related accountabilities.”

As for the first salary from the agency or office transferred to, Item 4.1.1 of COA Circular No. 2012-01, dated June 14, 2012, provide for the documentary requirements thereof, to wit:

Documentary Requirements:

1. Certified true copy of duly approved appointment;
2. Assignment Order, if applicable;
3. Certified true copy of Oath of Office;
4. Certificate of Assumption;
5. Statement of Assets, Liabilities and Net Worth;
6. Approved DTR;
7. Duly accomplished BIR WTC (Form 1902 and 2305);
8. Payroll Information on New Employee(PINE) (for agencies with computerized payroll systems); and
9. Authority from the claimant and identification documents, if claimed by person other than the payee.

Additional Requirements for transferees (from one government office to another)

1. Clearance from money, property and legal accountabilities from the previous agency;
2. Certified true copy pf pre-audited disbursement voucher of last salary from previous agency and/or certification by the Chief 3. Accountant of last salary received from previous office duly verified by the assigned auditor thereat;
4. Duly accomplished BIR Form 2316;
5. Certificate of Available Leave Credits;
6. Service Record