Question Appointment

Hi

My appointment as permanent employee and considered as transferee from othet govt agency is still in process. As part of the reqts for appointment, I already handed them the approved transfer request effective Mar 7. Kaso wala parin ung appointment ko and effective tom separated n ko sa previous employer ko.

Pag may gap in service, transferrable parin ba ang leave credits?

Pag my gap even 1 week or 2 days automatic considered as resigned ba yun and back to 0 ang years of service sa govt?

Thanks

Please be informed that as a matter of policy, the Commission does not render an opinion or advice on issues that may eventually be the subject of a complaint 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. This is to preclude the possibility of prejudgment should an actual case or appeal be commenced or instituted based on the said matters or issues.

Nevertheless, we refer your attention to Section 11 (c), Rule IV of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (2017 ORAOHRA), which provides that:

“c. xxx An employee who seeks transfer to another office shall notify the head of the department or agency in writing where he/she is employed at least thirty (30) days prior to the effective date of his/her transfer. The head of the department or agency shall notify the employee in writing of the approval of the request to transfer within 30 days from date of notice. xxx

If, for whatever reason, the employee fails to transfer on the specified date, he/she shall be deemed resigned. However, should the employee opt to remain in the same agency before the specified date of transfer, the employee may be reappointed if there is no gap in the service or reemployed if there is gap in the service. In both cases, the employee shall undergo the usual hiring process.”

Based on your representation, if there is a gap in the service, meaning the employee fails to transfer on the specified date, he/she shall be deemed resigned.

As to the transfer of leave credits, Section 47 of the Omnibus Rules on Leave provides that:

“When an official or employee transfers from one government agency to another, he can either have his accumulated vacation and/or sick leave credits commuted or transferred to his new agency.

“The second option can be exercised as a matter of right only by an employee who does not have gaps in his service. However, a gap of not more than one month may be allowed provided the same is not due to his fault.

“The option to transfer accumulated leave credits can be exercised within one (1) year only from the employee’s transfer to the new agency.”

We hope that we have enlightened you on the matter. Should you have any additional inquiry, you may visit our CSC Forum at www.csc.gov.ph/forum .

Thank you.