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Question Not allowed to perform duties and responsibilities of position

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3 months 3 weeks ago #805 by Melinda Rigos
Melinda Rigos created the topic: Not allowed to perform duties and responsibilities of position
I am holding a regular position as Community Relations Chief since 2009 in the regional office of a government agency. In 2015, I have been reassigned in a field office until September 2017. While in the field office during this period, an Officer-In-Charge has been designated.

Since I returned to the regional office in September 2017, the Officer-In-Charge continue to perform the duties and responsibilities of my position for two years and 9 months.

The Omnibus Rules on Appointments and Other HR Actions in Rule IV, Page 27 on Designation, C.3 states that the maximum period of designation is 2 years only. The situation where I am in now clearly violates this rule.

Action taken on my part is a request letter to the Office Manager that I be allowed to perform the duties and responsibilities since I am the incumbent and the designation of the Officer-In-Charge has already lapsed.

I am requesting an advice on the next steps/actions I am going to take in case my request is not favorably acted upon.

Praying for your intervention on this regard.

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2 months 3 weeks ago #915 by Action Officer 9
Action Officer 9 replied the topic: Not allowed to perform duties and responsibilities of position
January 29, 2018

Madam:


Thank you for using the CSC Legal Forum. .

This refers to your letter dated January 2018 inquiring about your return to your original post after being reassigned for two (2) years. You represented that at the time you returned to your original post, the Officer-In-Charge of said position continue to perform the duties the responsibilities thereat. You further alleged that you already took initial action by writing the Office Manager a letter requesting that you be allowed to perform the duties and responsibilities in your original post. You now inquire what your remedies are in case your letter-request is not favorably acted upon by your Office Manager.

As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nevertheless, we invite your attention to Setion 13, Rule IV, CSC Resolution No. 1701009 (2017 Omnibus Rules on Appointments and Other Human Resource Actions), dated June 16, 2017, which provides that:

Section 13. Other Human Resource Actions.
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“a. Reassignment – 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.
“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.
“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.”
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In case there is/are violation/s on the Civil Service laws, rules and regulations pertaining to the Rules on Reassignment or any other rules regarding the Human Resource actions the aggrieved party in such non-disciplinary cases may avail of the applicable remedies provided for under Rules 12 and 13 of CSC Resolution No. 1701077, or The 2017 Rules on Administrative Cases in the Civil Service [2017 RACCS], unless otherwise provided by law or these Rules.

Should you have other concerns pertaining to Civil Service Policies, you may also refer your such concern/s with Human Resource Policies and Standards Office (HRPSO), the CSC Office who has the expertise in CSC Policies. Said Office is headed by Director IV Azcena P. Esleta with the following contacts: 1) Telephone No. - 02-951-4629; 2) Email Address - This email address is being protected from spambots. You need JavaScript enabled to view it.; and 3) Mailing Address: Human Resource Policies and Standards Office, Civil Service Commission, Batasan Hills, Diliman, Quezon City.

Please be guided accordingly.

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