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Question Is the reassignment order valid?

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2 years 8 months ago #10029 by Robert B. Pee
Robert B. Pee created the topic: Is the reassignment order valid?
A GOCC conducted a study of its existing personnel complement for its planned reorganization.

As a result, seven (7) plantilla positions (5 security guards and 2 drivers) in one of the Divisions of its Mindanao Regional Office (RO) were determined to be excess of what allegedly should be the "appropriate" personnel complement based on the result of the study that was conducted.

For said reason and upon instruction issued by the GOCC's H.O., all seven (7) personnel were issued "reassignment orders" to assume their posts at the various Mindanao Branches of said GOCC for a "period of six (6) months" effective the actual date of their assumption.

Except for one of the reassigned driver, who assumed his post as driver in one of the GOCC's Mindanao Branch, the other six (6) personnel assumed their respective posts at the other branches as CCTV operators, inspite of their not having the QS on the required minimum years of experience demanded by the job.

Accordingly, the plantilla positions previously occupied by these (7) "reassigned" RO personnel, were systematically abolished and/or removed from the RO's plantilla on the same day said reassigned personnel assumed their posts at the other Mindanao Branches of said GOCC.

Setting aside the geographical dislocation and financial difficulty that these reassigned personnel undoubtedly knew they will be facing but reluctantly had to accept for the obvious fear of the likely repercussion that "their non-acceptance" would have, the question that comes to fore would be on whether:

1. WAS THERE A VALID REASSIGNMENT THAT TOOK PLACE?

2. IS A REMEDY AVAILABLE FOR THESE SEVEN (7) PERSONNEL TO RETURN TO THE R.O. AFTER COMPLETING THEIR SIX (6) MONTHS (or assuming an extension for another 6 months) OR MAXIMUM ONE YEAR PERIOD OF REASSIGNMENT - TAKING INTO ACCOUNT THAT SAID R.O. PLANTILLA THEY PREVIOUSLY OCCUPIED NO LONGER EXISTS?

Note: None of the seven personnel are being disciplined, nor a subject of an ongoing or previously decided Administrative case. All seven have untarnished personnel records, some of whom are awardees or consistent awardees of the "Perfect Attendance Award".

3. Can the mere issuance of a "paper" revision/change of the "reassignment" order into the correct personnel action category cure the ERROR/VIOLATION that occurred? and with it, eliminate any chance that these personnel have, with regards to returning to the R.O.?

Relative to this, can said GOCC issue reassignment orders to all of its personnel from the rank of Regional Director to the lowest rank in the Organization - Bar None - "for the purpose of personnel rotation" covering a maximum period of two (2) years, after of which said personnel will have to return to his office of origin and shall be available for another maximum two years rotation, after two (2) years would have lapsed from the time of his return to his office of origin?

Is there a CSC Personnel Action Category that would legally allow this?

Would appreciate being enlightened on these matters.

Thank you. God Bless and Keep safe always.

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