1. what is the difference between a demotion and reassignment?
Demotion is the movement of an employee from one position to another with reduction in duties, responsibilities, status or rank, which may or may not involve reduction in salary and is not disciplinary in nature. In case a demotion involves reduction in salary but is non-disciplinary, a written consent shall be secured from the demoted employee. Appointment as a result of voluntary demotion shall be at the hiring rate for the class of the position.
On the other hand, reclassification refers to the change in position title with the corresponding increase in salary grade. Positions are upgraded in order to attain effectively the functions and duties attached to the position, and for the employee to perform an all-around adaptability in meeting diverse work assignments. This requires issuance of appointment.
2. Is their any Civil Service rule against outsourcing functions assigned to plantilla positions?
Contracts of Service/Job Orders refer to employment described as follows: The contract covers lump sum work or services such as janitorial, security or consultancy services where no employer-employee relationship exists. Thus, COS workers are expected to perform lump sum work of short duration, and not the regular duties properly belonging to a career position, nor are they allowed to exercise control or supervision over regular and career personnel.
3. Is a job order be allowed to supervise a regular employee?
CSC MC No. 26, s .1997 (Prohibiting the Designation of Consultants, Contractuals and Non-Career Employees to Positions Exercising Control and Supervision over Regular and Career Personnel). Likewise,in CSC Resolution No.97-3970 dated October 5, 1997 , the Commission reiterates, adopts, and promulgates the policy of prohibiting the designation of consultants, contractuals and other non-career employees as officer-in-charge, executive directors or suprevisors who exercice control or supervision over regular and career personnel in the hiring Agency. Such prohibition is reiterated again in Section 15, Rule XIII (Prohibitions) of CSC MC No. 40, s. 1998 (Revised Omnibus Rules on Appointment and Other Personnel Actions).
4. Is it legal or appropriate to send and on-the-job trainee of government agency to conduct inspection in a facility in compliance with the requirements of Philippine Aviation Regulation Series of 2008?
The CSC recognizes OJT as an effective training and development activity that could be resorted to in preparing a person for work or meeting the necessary competency needs of a particular job. However. It must be pointed out that matters of accountability should be taken into consideration in the implementation of an agency's OJT program.
5. Clarification on the entitlement to Honorarium; RATA; Whether onecan resign from post as Designated Zoning Administrator without relinquishing the position as Project Evaluation Officer III; and In case the City Government permits the grant of the above-entitlements, whether it would retroact from the date of designation.
Honorarium is a gesture of appreciation for the service of one with expertise of professional standing in recognition of his/her broad and superior knowledge in specific field. It is given to officials and employees not as a matter of obligation but in appreciation for services rendered. This also comes in the form of extra money remuneration paid to a government official/employee by virtue of his/her office, position, or in connection with the function of his/her office in the discharge of his/her duties. As regards your query on the entitlement to receive RATA, item F of CSC MC 6, s. 2005 clearly provides that designation does not entitle the designee to receive the salary of the position except allowances that go with the performance of the functions such as RATA. However, please be advised that RATA shall only be given on the basis of actual performance of duties, functions, and responsibilities of position duly authorized to receive such allowances, subject to the Department of Budget and Management (DBM) and Commission on Audit rules. Anent your query on whether you can resign from your post without jeopardizing your appointment, this Office opines that your designation as Zoning Administrator only imposed upon you additional duties and functions. Thus, your appointment as Project Evaluation Officer III remains. On the matter of retroactive application in case your office grants you the above-mentioned benefits, this Office is not in the position to render an opinion thereon as the same falls within the competence of the Department of Budget and Management (DBM) and Commission on Audit to decide. It is therefore advised that you communicate directly with the aforenamed offices regarding your concern.
