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Question Personnel Actions

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6 years 11 months ago - 6 years 11 months ago #60 by Action Officer
Action Officer created the topic: Personnel Actions
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.
Last Edit: 6 years 11 months ago by Action Officer.

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  • Bitx
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6 years 11 months ago #74 by Bitx
Bitx replied the topic: Personnel Actions
Is a job order allowed to attend a trainers' training and facilitate the next level training in an agency, given he is very qualified and no other regular employee is available for the said training?

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6 years 11 months ago #77 by Action Officer 5
Action Officer 5 replied the topic: Personnel Actions
As a rule, a person whose services are engaged by way of Job order/ Contract of Service, like non career employees, are not allowed perform the duties and functions pertaining to career employees, as well as perform supervision over career employees (see prohibition Revised Rules on Appointments and other Personnel Actions, MC 40 s. 1998).

Inasmuch they are prohibited to perform said functions, they are likewise prohibited to enjoy the benefits to which career employees are entitled to. The services of JO/COS are not considered as government service as there exists no employer-employee relationship.

In addition, please review the contract of service of the person and the existing COA rules regarding the matter.

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6 years 9 months ago #396 by Luzviminda M. Dela Cruz
Luzviminda M. Dela Cruz replied the topic: Personnel Actions
Good morning sir/mam:

i would like to ask something regarding filling up of position wherein there were two (2) vacant positions for division manager A posted in web site of an office due date was last June 23, 2017.....i learned that there were only three (3) applicants for the said two (2) positions....also learned that one of the applicant did not meet the required CSC requirements issued last Dec 2016, hence only two (2) applicants were left to vie for the positions....interviews (3x) were scheduled but were cancelled also....it was only on aug 4, 2016 that interview were finally conducted. However, during the preliminary introductions, a member of the HRDM informed that only one (1) position will be filled up....when the interview was done, i asked the panel, why only position is going to be filled up when there were two (2) vacant positions posted? the HRMD personnel looked at each other and we receive no response from them.

May I inform you that, the disqualified applicant is now the OIC of HRMD and he was one of the panel interviewer during the period....is it legal or does he qualify to be one of the panel interviewer when he in fact was the disqualified one?

I am one of the applicant and i find it morally illegal for a disqualified applicant to be an interviewer (thats only an opinion sir/madam).....what about the other vacant position?
hoping that i can have a clear information regarding this matter sir/madam....thank you very much.

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6 years 9 months ago #397 by Luzviminda M. Dela Cruz
Luzviminda M. Dela Cruz replied the topic: Personnel Actions
correction sir/madam:

the deadline was last May 23, 2017 and not June 23 as stated in my inquiry a while ago.

thanks

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6 years 9 months ago #406 by Action Officer
Action Officer replied the topic: Personnel Actions
Please be informed that as a matter of policy, we do not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before the Commission.

Nevertheless, please be guided that in the case of Aytona vs. Castillo, et al., (GR No.L-19313, January 19, 1962) it was ruled that a designated Officer-in-Charge is considered merely as a caretaker of the office while the regular incumbent is on leave of absence. An OIC does not possess the power to appoint, and if he does, such act is null and void ab initio. An Officer-in-Charge does not exercise powers involving discretion of the regular incumbent. The rights and privileges of the latter do not normally descend upon the former unless specifically indicated or stated in the designation.

Unless the designation issued by the proper appointing authority includes expressly such power.

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