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Important Disapproved Appointment

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2 years 5 months ago #9089 by Alyssa
Alyssa created the topic: Disapproved Appointment
Good day!

Gusto ko lang po itanong kasi po na disapproved po 'yung position namin ng 4 na employes dahil po sa erroneously on publication under Publication Law po.
1. Gusto ko lang po itanong na after po ba ma received ng office namin ang disapproval, next working day po ba dapat hindi na po kami mag report sa office or pwede pa po until 15 days after ma-received base po sa Sec. 108 of Rule XI of 2017 Omnibus Rules on Appointments and other Human Resource Actions?
2. Entitled pa rin po ba kami sa year-end bonus? Kasi po October 22, 2021 po na received yung disapproval pero more than a year na po kami employee ng agency.
3. Pano po 'yung leave credits na earned po namin? Katulad ko po from 2018 pa po ako nag work sa agency namin kaso hindi pa po ako kahit isang beses nag monetize ng leave kasi po sabi kelangan lumabas po muna yung validation from CSC kaso po nung lumabas na Disapproved naman po. Bale pangalawang invalidation ko na po. Nung una po 'yung position na ni applyan ko more than a year na po pala na publish ng office namin yung position kaya na invalidate. Ni publish po 'yung position at ni apply-an ko po siya ulit tapos nung lumabas na po 'yung decision ni CSC disapproved naman po kasi may mali po sa publication. Kaya kahit 1 beses po hindi pa po ako nakapag monetized ng leave. 3 years po ako sa agency namin. Ayaw po nila pa monetized 'yung leave hanggang walang decision ni CSC at kung gagamitin naman po ang hirap po mag pa-approved ng leave form. Hindi naman po namin kasalan ng employee na mali 'yung ni publish ni HR pero kaming employees po ang apektadong apektado.

Sana po ma tulungan niyo po kami. Maraming Salamat po.

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2 years 5 months ago #9123 by Action Officer
Action Officer replied the topic: Disapproved Appointment
Dear
Thank you for using CSC Online Forum!

Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be a subject of a complaint or appeal before it.

Nevertheless, pertinent to your queries are, as follows;

Sec. 108 of Rule XI of the 2017 Omnibus Rules on Appointments and other Human Resource Actions (2017 ORAOHRA) whch reads, as follows:


Sec. 108. When an appointment is disapproved/invalidated, the services of the appointee shall be terminated after fifteen (15) dyas from receipt of the letter/decision disapproving the appointment, unless a motion for reconsideration or appeal is seasonably filed.

Sec 109. If the appointment, regardless of the status, is disapproved/invalidated on grounds which do not constitute a violation of pertinent laws as provided in item f, section 107 of this Rule, the same is considered effective until the disapproval/invalidation is affirmed by the CSC RO or the Commission. The services credited shall be credited as government services and the appointee shall be entitled to the payment of salaries from the government as a de facto officer.

Hope to have enlightened you on the matter.

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2 years 5 months ago #9130 by Aila
Aila replied the topic: Disapproved Appointment
Have the same concern to. They told me that my rendered service will not be credited as goverbment service. But my concern would be will i be entitled to the 13th month pay? I already rendered service for a year since september 2020 but the news came and my appoibtment was disapproved, my appeal was denied. My service ended last september 2021. Then I was appointed by mid of October. Will i Still be entitled to the 14th minth oay and other benefits? Please I need a clear respond on this. Thank you

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2 years 3 months ago #9416 by Alyssa
Alyssa replied the topic: Disapproved Appointment
Thank you so much for your respond. Stay safe!

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2 years 3 months ago #9434 by Action Officer 21
Action Officer 21 replied the topic: Disapproved Appointment
Hi Alyssa,

Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be a subject of a complaint or appeal before it.

Nevertheless, as cited above (Section 109, Rule XI, 2017 ORAOHRA), The services rendered shall be credited as government service and the appointee shall be entitled to the payment of salaries from the government as a de facto officer. It is also advised to refer to the decision (disapproving your appointment), particularly the dispositive portion thereof, which decrees your entitlement as a de facto officer.

Moreover, it is advised to refer your query to the Department of Budget and Management (DBM) which has the authority and jurisdiction over matters concerning the granting of year-end bonus and cash gifts to government employees.

It is hoped that we have guided you on the matter.

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