Question Transfer of Agency

Good evening. I am currently employed in one of the cultural agency and regularized December 2019 (Admin Aide VI). Prior to that I applied to several agencies. Today, October 2, 2020, I recieved an email that I have been appointed as Admin Assistant V after their deliberation last February 2020 but due to pandemic the selection process has been delayed for a couple of months. My question is, am I allowed to transfer even I didnt met the 1 year tenureship in my present employment? Is my appoitment will expire? What are the remedies that I can do based on Civil Service rulings. Thank you and godbless.

Hi,
Sec. 11(c), Rule IV, 2017 ORAOHRA provides, that:

Section 11. Transfer — the movement of employee from one position to another which is of equivalent rank, level or salary without gap in the service involving the issuance of an appointment.

The transfer may be from one organizational unit to another in the same department or agency or from one department or agency to another: Provided, however, that any movement from the non-career service to the career service and vice versa shall not be considered as a transfer but reappointment.

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.

If the request to transfer of an employee is not granted by the head of the department or agency where he/she is employed, it shall be deemed approved after the lapse of 30 days from the date of notice without the need to notify the employee concerned.

It is understood that the employee who seeks to transfer is cleared from all money, property and work-related accountabilities.

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 there is gap in the service. In both cases, the employee shall undergo the usual hiring process.


Moreover, Section 20, Rule VI, 2017 provide, that:

Sec. 20. An appointment issued by the appointing officer/authority may be cancelled if the appointee does not assume office or report within thirty (30) calendar days from receipt of the written notice of the appointment.

It is advised to seek clarification and advise from the human resource office of the agency you seek appointment from to be able to best assess the status of your application or appointment.