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Question Regularization after 6 months probationary period

  • Orceline A. Gapul
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2 years 6 months ago #8934 by Orceline A. Gapul
Orceline A. Gapul created the topic: Regularization after 6 months probationary period
Good day!

Hi po, I would like to ask po sana, I'm a PWD po (Dialysis Patient). I have been recently appointed po for govt service po. Pero kinausap po ako ng Head of the Department na he will not recommend me for permanent position after 6 months probationary po because of my health condition. Even the personnel officer po told me that if they knew I am a dialysis patient they would not have recommended me for the position. Wala po ba akong pwedeng magawa po? Am I not covered by the Anti-Discrimination Law? Or What should I do po if ever I will be terminated after 6 months probationary period?

Thanks.

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2 years 6 months ago #8935 by Action Officer 23
Action Officer 23 replied the topic: Regularization after 6 months probationary period
Good day, Maam!

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 to 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 Law, rules and regulations and the applicable jurisprudence, if any, that will best answer your query/ies.

The applicable rule with respect to probationary period of employment are Sections 15 and 16, Rule V, 2017 Omnibus Rules on Appointments and Other Human Resource Actions (2017 ORAOHRA) (Revised July 2018) (CSC Resolution No. 1800692 dated July 3, 2018), which provide:

Sec. 15. To facilitate the review and monitoring of employee performance, the performance targets and work output standards of a probationer shall be set, agreed upon and duly signed by the probationer, the immediate supervisor (rater), and the head of agency within five (5) days upon appointee’s assumption to duty.

The appointee’s performance during the probationary period shall be reviewed as follows:

a. The immediate supervisor (rater) shall regularly gather feedback on the appointee’s performance, and conduct feedback sessions to determine appropriate interventions to improve the appointee’s performance;

b. The performance appraisal/evaluation shall be done at least twice during the probationary period and within every three (3) months or six (6) months, depending on the duration of the probationary period, as required by the position;

c. The performance review shall be conducted within 10 days before the end of every rating period during the probationary period.

d. The critical factors to be reviewed shall be based on the performance dimensions indicated in the agency Strategic Performance Management System (SPMS) and may include competency (knowledge, skills and attitude), and job-related critical incidents, such as habitual tardiness and continuous absence from work;

e. The performance evaluation report shall be reviewed and certified by the agency Performance Management Team (PMT) or any duly constituted review committee; and

f. The probationers shall be furnished with copies of the records of feedback, job-related critical incidents, and performance evaluation reports with comments on their capability to meet the performance targets and work output standards and/or recommendation for the continuity of the permanent appointment of the probationer. Corresponding copies shall be included in the 201 file of the appointees.

Sec. 16. The services of the appointee can be terminated for unsatisfactory conduct or want of capacity before the end of the second performance review on the sixth (6th) month or depending on the duration of the probationary period as required by the position.

Unsatisfactory conduct or behavior refers to the failure of the appointee to observe propriety in his/her acts, behavior and human/public relations, and to irregular punctuality and attendance while performing their duties and responsibilities during the probationary period. This may include cases of neglect of duty, misconduct, insubordination, habitual tardiness and absenteeism.

On the other hand, want of capacity shall refer to the failure of the appointee during the probationary period to perform the duties and responsibilities based on standards of work outputs agreed upon and reflected in the duly signed performance targets despite the developmental intervention provided by the immediate supervisor.

The appointee shall be issued a notice of termination of service by the appointing officer/authority within fifteen (15) days immediately after it was proven that he/she demonstrated unsatisfactory conduct or want of capacity before the end of the second performance review on the sixth (6th) month or depending on the duration of the probationary period. Such notice shall state, among other things, the reasons for the termination of service and shall be supported by at least two of the following:

1. Performance Evaluation Report;
2. Report of the immediate supervisor (rater) on job-related critical and unusual incidents and on unsatisfactory conduct or behavior of the appointee; or
3. Other valid documents that may support the notice of termination of service.

The notice of termination of service shall be executory after fifteen (15) days from receipt of the employee concerned. The same may be appealed to the CSC RO concerned, within fifteen (15) days from receipt of notice but shall be executory pending appeal. A copy of the Notice of Termination of Service shall be included in the 201 file of the appointee and furnished the CSC FO concerned for recording in the Service Card.

If no notice of termination of office is given by the appointing officer/authority to the employee before the expiration of the six-month or depending on the duration of the probationary period, the probationer becomes a regular employee of the agency concerned.

Moreover, the requirements for filing an Appeal are found in Section 68, Rule 13, 2017 Rules on Administrative Cases in the Civil Service (CSC Resolution No. 1701077 dated July 3, 2017), which 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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