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Question Employee transfer initiated by division/department head

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1 year 9 months ago - 1 year 9 months ago #11097 by Giovanni Cabanig
Giovanni Cabanig created the topic: Employee transfer initiated by division/department head
Can the department/division head or the head of the agency has the authority to transfer a permanent employee from one department/division to the other (engineering to commercial)?
The position is non-existent in the other department/division (example: plumber). The agency issued an office order signed by the head of the agency.
Last Edit: 1 year 9 months ago by Giovanni Cabanig.

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1 year 9 months ago #11098 by Action Officer 23
Action Officer 23 replied the topic: Employee transfer initiated by division/department head
Dear Sir:

Please be informed that as a policy, the Commission does not render opinions/rulings on issues that may eventually be the subject of a complaint or appeal before it. This is especially so if the material facts necessary for a judicious adjudication of the issues are not fully presented or substantiated as in this case. Nevertheless, we will cite the pertinent provision/s under the Civil Service rules and applicable jurisprudence that will best answer your query/ies.

Section 13 (a), (3), (i), (ii), (iii), and (4), Rule IV of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018) provide, as follows:

“a. Reassignment – movement of an employee across the organizational structure within the same department or agency which does not involve a reduction in rank, status or salary.

x x x

“Reassignment that constitutes constructive dismissal may be any of the following:

“i. Reassignment of an employee to perform duties and responsibilities inconsistent with the duties and responsibilities of his/her position such as from a position of dignity to a more servile or menial job;

“ii. Reassignment to an office not in the existing organizational structure;

“iii. Reassignment to an existing office but the employee is not given any definite set of duties and responsibilities;”

In case of the filing of Appeal from the Reassignment, Section 68, Rule 13 of the 2017 Rules on Administrative Cases in the Civil Service (CSC Resolution No. 1701077 dated July 3, 2017, specifically provides:

Section 68. Perfection of an Appeal or a Petition for Review. To perfect an appeal or a petition for review, the appellant/petitioner shall submit the following documents:

a. Memorandum containing the following:

1. grounds relied upon for the appeal/petition for review;

2. certified true copies of the assailed decision, resolution or order; and

3. certified true copies of documents or evidence relevant to the case.

The Memorandum shall be filed with the appellate authority, copy furnished the disciplining authority. The latter shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss, with its comment, within fifteen (15) days from receipt, to the appellate or higher authority.

b. Proof of service of a copy of the memorandum to the disciplining office;

c. Proof of payment of the required fee; and

d. A statement or certificate of non-forum shopping.

If the appellant/petitioner fails to comply with any of the above requirements within the reglementary period, the Commission shall direct compliance within a period of not more than ten (10) days from receipt thereof, with a warning that failure to comply shall be construed as failure to perfect an appeal/petition for review and shall cause its dismissal with prejudice to its refiling.

We hope to have been of service to you.

Thank you.

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