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Question Personnel Actions

Bitx

6 years 10 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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Action Officer 5
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6 years 10 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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Luzviminda M. Dela Cruz
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6 years 8 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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Luzviminda M. Dela Cruz
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6 years 8 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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Action Officer
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6 years 8 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.