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Question Reassignment of Division Chief

  • John
  • John's Avatar Topic Author
2 years 10 months ago #234 by John
John created the topic: Reassignment of Division Chief
Hello. Can a full-fledged, permanent Division Chief be reassigned to another to another post without supervisory functions without consent and without cause, and be barred from receiving RATA?

Would this be tantamount to demotion or constructive dismissal?

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2 years 10 months ago #240 by Administrator
Administrator replied the topic: Reassignment of Division Chief
Relevant in our discussion is the Revised Rules on Reassignment which states in part, as follows:

“3. If appointment is not station-specific, the one-year maximum period shall not apply. Thus, reassignment of employees whose appointments do not specifically indicate the particular office or place of work has no definite period unless otherwise revoked or recalled by the Head of Agency, the Civil Service Commission or a competent court.


“7. Reassignment is presumed to be regular and made in the interest of the public service unless proven otherwise or if it constitutes constructive dismissal. Constructive dismissal exists when an official or employee quits his or her work because of the agency heads unreasonable, humiliating or demeaning actuations, which render continued work impossible because of geographic location, financial dislocation and performance or other duties and responsibilities inconsistent with those attached to the position. This may occur although there is no diminution or reduction in rank, status or salary of the employee.

“Reassignment that constitutes constructive dismissal may be any of the following:

“a) Reassignment of an employee to perform duties and responsibilities inconsistent with the duties and responsibilities of his/her position or dignity to a more servile or menial job;

“b) Reassignment to an office not in the existing organizational structure;
“c) Reassignment to an existing office but the employee is not given any definite duties and responsibilities;
“d) Reassignment that will cause insignificant financial dislocation or will cause difficulty or hardship on the part of the employee because of geographic location; and,
“e) Reassignment that is done indiscriminately or whimsically, because the law is not intended as a convenient shield for the appointing/disciplining authority to harass or oppress a subordinate on the pretext of advancing or promoting public interest.” (Emphasis supplied)

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2 years 9 months ago - 2 years 9 months ago #416 by mcsv
mcsv replied the topic: Reassignment of Division Chief
If an Appeal pursuant to Section 110 of RRACCS has been filed (Other personnel actions, such as but not limited to...reassignment), how long will it take for CSC to issue an order to comment to the appointing authority/ies (assuming multiple reassigned personnel have different appointing authorities based on their salary grades)? Is issuance of order to comment five months after filing still considered reasonable time within which CSC personnel are to act considering that per Republic Act No. 6713, communications and correspondences must be acted upon within 15 working days from receipt? Are the appellants not entitled to receive copy of the Order to comment considering that per section 122 of RRACCS, copies of decisions AND OTHER COMMUNICATIONS shall be served on the counsel of record if one is represented by a counsel, if he/she has none, the same shall be served to the party concerned. Is an order to comment not considered communications which ought to be copy furnished to an appellant in an appeal for reassignment? CSC personnel claimed that appellants are not entitled to be furnished a copy because it was not provided for in RRACCS. If this is the case, how then can an appellant be apprised as to whether CSC has assumed jurisdiction over the remedies availed of in non-disciplinary cases and how will the appellant be apprised that appointing authority/ies have complied with the order to comment within the requisite period as per RRACCS if they are not informed as to when the order has been issued by CSC? What alternative remedies apart from being furnished a copy of orders from CSC may an appellant avail of to determine whether the appeal has been decided on in accordance with pertinent laws, CSC rules and regulations and the Rules of Court applied in a suppletory manner?
Last Edit: 2 years 9 months ago by mcsv.

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