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Question Resignation

5 years 11 months ago #1101 by BALOT
BALOT created the topic: Resignation

I submitted a resignation letter and formally retracted it after two days. After 30 days, i received a text message from Personnel that my resignation was accepted and effective that day (March 1) based on the note written on my retraction letter forwarded to personnel after office hours on the day (February 28) before I received the text message. And was dropped from the pay roll (did not receive my salary last March 7). I did not go to work since then. What should I do based on Rule X of 2017 ORA OHRA, I was deprived of due process. Please help.

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5 years 11 months ago #1137 by Action Officer 18
Action Officer 18 replied the topic: Resignation
Resignation is an act of an official or employee by which he/she voluntarily relinquishes in writing his/her position effective on a specific date.To constitute a complete and operative resignation of an official or employee, there must be a written intention to relinquish the office, the acceptance by the appointing officer/authority and a written notice of such acceptance duly served to the official or employee concerned.

Resignation shall be governed by the following rules:

1. An official or employee is deemed to have tendered his/her resignation upon receipt by the appointing officer/authority of the former’s written resignation.

2. Pending receipt by the official or employee of the action taken by the appointing officer/authority on the resignation, the official or employee shall remain in office and retain all the powers, duties and responsibilities appurtenant thereto.

3. The appointing officer/authority shall act on the notice of resignation within 30 days from receipt thereof. In case the resignation of the official or employee remains unacted upon for 30 days from receipt of the formal letter of resignation by the appointing officer/authority, it shall be deemed complete and operative on the specified date of effectivity or 30 days from submission thereof, in cases where the effectivity date is not specified. It is understood, however, that the required clearance from money, property and work-related accountabilities shall be secured by the official or employee before or immediately after the date of effectivity of resignation.

4. In the interest of service, however, the appointing officer/authority may set a date of effectivity of the resignation, but in no case shall be earlier than the date specified in the letter of resignation or 30 days from submission thereof.

5. The acceptance of resignation is mandatory. The appointing officer/authority may suspend the effectivity date of resignation despite its initial written notice of acceptance due to any of the following reasons:

a. When the country is at war or when any other national or local emergency has been declared by the appropriate authority; and

b. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity.

A resignation previously suspended due to any of the abovementioned reasons shall nonetheless be effective 30 days after the circumstances causing the previous suspension has ceased as certified by the appropriate authority or the appointing officer/authority.

6. If the last day of the period given to the appointing officer/authority to act and furnish copy of the written action on the tendered resignation falls on a holiday or non-working day, copy of the written action shall be furnished the official or employee concerned on the next working day immediately following a holiday or non-working day.

7. The official or employee concerned may withdraw the tender of resignation any time prior to receipt of notice of acceptance of the resignation from the appointing officer/authority or before the lapse of the 30-day period given for the latter to act on the resignation, whichever comes first.

8. Until the resignation is accepted, the tender of resignation is revocable. Once the resignation is deemed complete and operative, the withdrawal thereof shall not automatically restore the employee to his/her former position.

9. The following documents shall be submitted to the CSC Field Office concerned within thirty (30) calendar days from the date of the effectivity of the resignation, for record purposes:

a. the voluntary written notice of the employee informing the appointing officer/authority that he/she is relinquishing his/her position and the effectivity date of said resignation;
b. the acceptance of resignation in writing by the agency head or appointing officer/authority which shall indicate the date of effectivity of the resignation; and
c. the proof of notice of the acceptance of resignation to the employee.

10. An official or employee under investigation, except those prohibited by law , may be allowed to resign pending decision of his/her case without prejudice to the continuation of the proceedings until finally terminated.

If you still have other issues that need categorical answer, you can file with the Commission an Appeal within 15 days from receipt of the said decision.

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