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Question ASSUMPTION TO DUTY

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Leo Girl
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5 years 7 months ago #1524 by Leo Girl

Leo Girl created the topic: ASSUMPTION TO DUTY

Hi sir/madam:

Is there any restriction in the date of assumption to duty? Is it fine that the date of assumption to duty falls on a Saturday/Sunday/holiday if the concerned official really started working on a Saturday after her oath taking on a Thursday since there really was an official activity on Saturday which is MOA signing between our agency and another government agency.

Thank you and more power!

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Action Officer 5
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5 years 7 months ago #1528 by Action Officer 5

Action Officer 5 replied the topic: ASSUMPTION TO DUTY

Dear Ms. Leo Girl:

Pertinent to your query is Section 17, Rule VI, 2017 Omnibus Rules on Appointments and Other Human Resource Actions, which provides, thus:

"Sec. 17. An appointment issued in accordance with pertinent laws and rules shall take effect immediately on the date it was signed by the appointing officer/authority. The date of signing shall be indicated below the signature of the appointing officer/authority in the appointment form.

The date of the appointment shall not fall on a Saturday, Sunday or holiday, except in cases where the date of issuance is specifically provided in a special law such as in the appointment of personal and confidential staff of Constitutional officials and elective officials and where the service should not constitute a gap such as in transfer and reappointment.

Illustrative Example:
Personal and confidential staff of reelected officials where July 1 is a Saturday or Sunday shall reflect July 1 as the date of issuance of appointment.

If the appointee has taken his/her oath of office and assumed the duties of the position, he/she shall be entitled to receive his/her salary at once without awaiting the approval/validation of his/her appointment by the Commission. The appointment shall remain effective until disapproved/invalidated by the Commission. In no case shall an appointment take effect earlier than the date it was signed except in cases authorized by law.

No official or employee shall be required to assume the duties and responsibilities of the position without being furnished with a copy of his/her appointment by the HRMO after it is signed by the appointing officer/authority. The appointee shall acknowledge receipt of the appointment by signing on the acknowledgment portion at the back of the appointment form."

Based on the foregoing, the only requirement for an employee to assume his/her duty is to be furnished first with a copy of his/her appointment duly signed by the appointing authority. However, the date of his/her appointment should not fall on a Saturday, Sunday or holiday, except in cases where the date of issuance is specifically provided in a special law such as in the appointment of personal and confidential staff of Constitutional officials and elective officials and where the service should not constitute a gap such as in transfer and reappointment.

We hope that we have enlightened you on this matter.

Action Officer 31

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