×
ADVISORY!

The views and opinions expressed in this forum are those of the online action officers and not necessarily those of the Office for Legal Affairs or the Commission on CSC laws, rules and regulations. Also, be reminded that the views of the action officer is a mere advice that does not bind the office.

When posting, you agree that the administrator has the right to delete your posts or ban your account without prior warning in case of non-observance of any of the guidelines.
Guidelines to clients:

1. Please browse the frequently asked questions first to see if there are already the same or related questions that were asked on your query/ies;
2. Official response to issues shall be provided by the concerned office of the Commission, not through this forum;
3. Requests for the status of the case is not allowed in this forum;
4. Questions regarding the scheduled CSC examination will be deleted;
5. This forum is categorized according to subject matter. Please post your queries in appropriate category;
6. Post a descriptive topic name. Give a short summary of your problem/s;
7. No spam in this forum. Your posts will be deleted and your account will be banned without prior warning;
8. Refrain from posting pictures and offensive words or links. Violation of this rule shall give the administrator the right to delete your posts and ban your account without prior warning;
9. Please report to administrators if you see a user violating any of this guidelines;
10. Be respectful to the administrators and users; and
11. Please avoid text-message style substitution of words like “r” for “are” and “u” for “you”. If your message is difficult to understand the administrator shall inform you to rewrite your message.

Question DETAIL WITHIN AGENCY

  • Yancy Guaño
  • Yancy Guaño's Avatar Topic Author
1 year 2 weeks ago #8253 by Yancy Guaño
Yancy Guaño created the topic: DETAIL WITHIN AGENCY
Good day!

As stipulated in the ORAOHRA, detail from one department or agency to another shall be covered by an agreement manifesting the arrangement between the agency heads. My question is: how about if the detail is within the agency, specifically from one regional office to another regional office? Is it necessary to have a memorandum of agreement (MOA)?

Thank you!

Please Log in or Create an account to join the conversation.

More
1 year 2 weeks ago #8254 by Action Officer
Action Officer replied the topic: DETAIL WITHIN AGENCY
Section 13, Rule IV, 2017 Omnibus Rules on Appointments and other Human Resource Actions (2017 ORAOHRA), Revised July 2018 provides that the movement of an employee across the organizational structure within the same department or agency, which does not involve a reduction in rank, status or salary is of the nature of reassignment. On the other hand, detail is the temporary movement of an employee from one department or agency to another which does not involve a reduction in rank, status or salary.

Under the same Rule, reassignment do not require the issuance of an appointment but nevertheless require an Office Order issued by the appointing officer/authority.

It is hoped that we have been assistance to your concern.

Please Log in or Create an account to join the conversation.

  • Yancy Guaño
  • Yancy Guaño's Avatar Topic Author
1 year 2 weeks ago #8256 by Yancy Guaño
Yancy Guaño replied the topic: DETAIL WITHIN AGENCY
Good day!

Thank you for answering my query. Another question: can reassignment be extended or renewed?

Thank you!

Please Log in or Create an account to join the conversation.

More
1 year 2 weeks ago #8257 by Action Officer
Action Officer replied the topic: DETAIL WITHIN AGENCY
Please take note of the Rules on Reassignment under Section 13, Rule IV, 2017 Omnibus Rules on Appointments and other Human Resource Actions (2017 ORAOHRA), Revised July 2018 , as follows:

“Reassignment shall be governed by the following:

“1. Reassignment of employees with station-specific place of work indicated in their respective appointments within the geographical location of the agency shall be allowed only for a maximum period of one (1) year. The restoration or return to the original post/assignment shall be automatic without the need of any order of restoration/revocation of the order of reassignment.

"The reassigned employee who is restored to his/her original post/assignment pursuant to the decision of the Commission shall not be reassigned within one (1) year reckoned from the date of restoration to the original post/assignment. Otherwise, the appointing officer/authority or the authorized official who caused the subsequent reassignment within 1 year from the date of restoration may be cited for indirect contempt by the Commission as provided in Rule 16 of the 2017 Rules on Administrative Cases in the Civil Service (RACCS).

"An appointment is considered station-specific when: (a) the particular office or station where the position is located is specifically indicated on the face of the appointment paper; or (b) the position title already specifies the station, such as Human Resource Management Officer, Accountant, Budget Officer, Assessor, Social Welfare and Development Officer, and such other positions with organizational unit/station-specific function. Such position titles are considered station-specific even if the place of assignment is not indicated on the face of the appointment.

“2. If an appointment is not station-specific, the one-year maximum period of reassignment within the geographical location of the agency shall not apply. However, the employee concerned may request for a recall of the reassignment citing his/her reasons why he/she wants to go back to his/her original station. The reassignment may also be revoked or recalled by the appointing officer/authority or be declared not valid by the Civil Service Commission or a competent court, on appeal.

“3. Reassignment is presumed to be regular and made in the interest or exigency of public service unless proven otherwise or if it constitutes constructive dismissal. Constructive dismissal exists when an official or employee quits his/her work because of the agency head’s unreasonable, humiliating, or demeaning actuations, which render continued work impossible because of geographic location, financial dislocation and performance of other duties and responsibilities inconsistent with those attached to the position. Hence, the employee is deemed illegally dismissed. 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:

"i. Reassignment of an employee to perform duties and responsibilities inconsistent with the duties and responsibilities of his/her position such as from a position of dignity to a more servile or menial job;

"ii. Reassignment to an office not in the existing organizational structure;

"iii. Reassignment to an existing office but the employee is not given any definite set of duties and responsibilities;

"iv. Reassignment that will cause significant financial dislocation or will cause difficulty or hardship on the part of the employee because of geographic location; or

"v. Reassignment that is done indiscriminately or whimsically because the law is not intended as a convenient shield for the appointing/disciplining officer to harass or oppress a subordinate on the pretext of advancing and promoting public interest such as reassignment of employees twice within a year, or reassignment of career service officials and employees with valid appointments during change of administration of elective and appointive officials.

"Reassignment that results in constructive dismissal must be sufficiently established.

“4. The employee may appeal the reassignment order within 15 days upon receipt thereof to the Commission or CSC RO with jurisdiction, as provided under specific law, if he/she believes there is no justification for the reassignment. Pending appeal, the reassignment shall not be executory.4 The Decision of the CSC RO may be further appealed to the Commission within 15 days from receipt thereof.

“5. Reassignment of public health workers, public social workers, public school teachers and all other professions covered by special laws shall be governed by their respective laws. However, the rules herein mentioned shall be applied suppletorily.”

It is hoped that we have been assistance to your concern.

Please Log in or Create an account to join the conversation.

More
1 year 2 weeks ago - 1 year 2 weeks ago #8258 by Yancy Guaño
Yancy Guaño replied the topic: DETAIL WITHIN AGENCY
Good day!

Thank you for your answer.

I have another question: what action can be done if the employee wishes to extend his/her reassignment due to his/her medical condition?

Thank you!
Last Edit: 1 year 2 weeks ago by Yancy Guaño. Reason: Missing word

Please Log in or Create an account to join the conversation.

More
1 year 2 weeks ago #8259 by Action Officer
Action Officer replied the topic: DETAIL WITHIN AGENCY
To reiterate, under the 2017 Omnibus Rules on Appointments and other Human Resource Actions (2017 ORAOHRA), Revised July 2018, reassignment is a the movement of an employee across the organizational structure within the same department or agency, which does not involve a reduction in rank, status or salary by virtue of the Office Order issued by the appointing officer/authority. Also under the said Rule, reassignment is presumed to be regular and made in the interest or exigency of public service unless proven otherwise or if it constitutes constructive dismissal.

Hence, reassignment is a management prerogative which the CSC normally does not interfere with, absent the showing of grave abuse of discretion.

It is hoped that we have been assistance to your concern.

Please Log in or Create an account to join the conversation.

Powered by Kunena Forum