Question Scheduling of duties

Our provincial Governor issued a Executive Order for the deployment of all regular, full time Medical Specialist (MS)in our provincial hospital for 15 days in a month schedule.As doctors we are working on a 24 hr basis.then the chief of hospital issued an implementing policy to carry this out.(see attachments). Questions; can an EO supersede CSC rules and magna carta for public health workers?is there legal basis obliging MS to render 15 days duty in a month?to carry this out the chief assigned opd services as normal hours of work therefore those without opd are credited only half the hour they serve because they are placed under on call status. even if MS are performing regular functions such as surgical operations, rounds, examination of patients, administering anesthesia and other specialty works , these are credited only with half the hour work if these were done on on call status. For anesthesiologist, he assigned 15 days duty as all on call and credited it with 12 hrs each then summed it up as 176 hrs to comply with the eo. In other depts with 1 or 2 MS, he shedueld 2 hrs OPD, meaning 2 hrs credited as actual work then 22 hrs as on call. And other different modes of schedules for each depts.They are threatening us of insubordination of we do not comply with it.

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 a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nevertheless, we wish to invite your attention to the following law and rules on personnel movement which may be relevant to your case, as follows:

1. Section 6 (Transfer of Geographical Reassignment of Public Health Workers) Republic Act No. 7305, The Magna Carta of Public Health Workers
a) a transfer is a movement from one position to another which is of equivalent rank, level or salary without break in service;

b) a geographical reassignment, hereinafter referred to as “reassignment” is a movement from one geographical location to another; and

c) a public health worker shall not be transferred and/or reassigned, except when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore in writing. If the public health worker believes that there is no justification for the transfer and/or reassignment, he/she may appeal his/her case to the Civil Service Commission, which shall cause his/her transfer and/or reassignment to be held in abeyance: Provided, That no transfer and/or reassignment whatsoever shall be made three (3) months before any local or national elections: Provided, further, That the necessary expenses of the transfer and/or reassignment of the public health worker and his/her immediate family shall be paid for by the Government. a public health worker shall not be transferred and/or reassigned, except when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore in writing. If the public health worker believes that there is no justification for the transfer and/or reassignment, he/she may appeal his/her case to the Civil Service Commission, which shall cause his/her transfer and/or reassignment to be held in abeyance: Provided, That no transfer and/or reassignment whatsoever shall be made three (3) months before any local or national elections: Provided, further, That the necessary expenses of the transfer and/or reassignment of the public health worker and his/her immediate family shall be paid for by the Government.

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 a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nevertheless, we wish to invite your attention to the following law and rules on personnel movement which may be relevant to your case, as follows:

1. Section 6 (Transfer of Geographical Reassignment of Public Health Workers) Republic Act No. 7305, The Magna Carta of Public Health Workers
a) a transfer is a movement from one position to another which is of equivalent rank, level or salary without break in service;

b) a geographical reassignment, hereinafter referred to as “reassignment” is a movement from one geographical location to another; and

c) a public health worker shall not be transferred and/or reassigned, except when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore in writing. If the public health worker believes that there is no justification for the transfer and/or reassignment, he/she may appeal his/her case to the Civil Service Commission, which shall cause his/her transfer and/or reassignment to be held in abeyance: Provided, That no transfer and/or reassignment whatsoever shall be made three (3) months before any local or national elections: Provided, further, That the necessary expenses of the transfer and/or reassignment of the public health worker and his/her immediate family shall be paid for by the Government. a public health worker shall not be transferred and/or reassigned, except when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore in writing. If the public health worker believes that there is no justification for the transfer and/or reassignment, he/she may appeal his/her case to the Civil Service Commission, which shall cause his/her transfer and/or reassignment to be held in abeyance: Provided, That no transfer and/or reassignment whatsoever shall be made three (3) months before any local or national elections: Provided, further, That the necessary expenses of the transfer and/or reassignment of the public health worker and his/her immediate family shall be paid for by the Government.