Question Reassignment

Good day, i would Like to query some Matter. This transition period, Many of retained permanent employees may experience reassignment just because the winning elected Official found that they were not voted by some employees. With this Matter they have the power to hire or put their Allies to some position they want to replace. Im going to share my own experience, that will happen, i heard that i will be replace to my Presents job, Im a LOCAL TREASURY OPERATION I, SG11, they will reassign me to the market as a collector. This menial job is being done actually by REVENUE COLLECTION CLERK I, SG5. I know there will be no effect on My Salary, but is this kind of reassignment acceptable in the civil service rule. Does it not violate the new ORAOHRA?

PS. Im talking under LGU circumstances

Dear Bee Jay:

Please be informed that it is the policy of the Civil Service Commission not to render opinions or rulings on issues that may eventually be a subject of a controversy or complaint before it. This is specially so if the material facts necessary to arrive at an objective analysis of the case are incompletely presented.

Be that as it may, to guide you in your next course of action, may we call your attention to Rule IV Section 13(a) of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions, which provides, thus:

"3. Reassignment is presumed to be regular and made in the interest or exigency of public service unless proven otherwise or if it constitutes constructive dismissal. Constructive dismissal exists when an official or employee quits his/her work because of the agency head’s unreasonable, humiliating, or demeaning actuations, which render continued work impossible because of geographic location, financial dislocation and performance of other duties and responsibilities inconsistent with those attached to the position. Hence, the employee is deemed illegally dismissed. This may occur although there is no diminution or reduction in rank, status or salary of the employee.

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;

iv. Reassignment that will cause significant financial dislocation or will cause difficulty or hardship on the part of the employee because of geographic location; or

v. Reassignment that is done indiscriminately or whimsically because the law is not intended as a convenient shield for the appointing/disciplining officer to harass or oppress a subordinate on the pretext of advancing and promoting public interest such as reassignment of employees twice within a year, or reassignment of career service officials and employees with valid appointments during change of administration of elective and appointive officials.

Reassignment that results in constructive dismissal must be sufficiently established.

4. The employee may appeal the reassignment order within 15 days upon receipt thereof to the Commission or CSCRO with jurisdiction, as provided under specific law, if he/she believes there is no justification for the reassignment. Pending appeal, the reassignment shall not be executory. The Decision of the CSCRO may be further appealed to the Commission within 15 days from receipt thereof."

We hope that we have enlightened you on this matter.

Action Officer 31