Republic
of the Philippines
CIVIL SERVICE COMMISSION
Revised Policies on grievance Machinery
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RESOLUTION
NO. 010113
WHEREAS, Section 3, Article IX-B of the 1987
Constitution and Section 1 Title 1 (A), Book V of the Administrative Code
of 1987 mandates that the "Civil Service Commission, as the
central personnel agency of the government, shall establish a career
service and adopt measures to promote morale, efficiency, integrity,
responsiveness, and courtesy in the civil service";
WHEREAS, Section 3, Chapter V, Title I (A), Book V
of the same Code stipulates that it shall be the concern of the Commission
to provide leadership and assistance in developing employee relations
programs and the improvement of employee morale. The same section further
states that every Secretary or head of agency shall take proper steps
toward the creation of an atmosphere conducive to good supervisor-employee
relations and improvement of employee morale;
WHEREAS, Section 37 of the said Code states that
the employees shall have the right to present their grievances to
management and have them adjudicated as expeditiously as possible in the
best interest of the agency, the government as a whole, and the employee
concerned;
WHEREAS, Rule XII of the Omnibus Rules Implementing
Book V of Executive Order No. 292 and other pertinent civil service rules
prescribe that heads of offices are enjoined to furnish every employee in
his or her office with a copy of its grievance procedure including any
revisions thereof and conduct information dissemination through symposia,
workshops, publications, and other modes of employee education program;
WHEREAS, CSC Memorandum Circular No. 45, s. 1989,
which provided for the reinstallation of the grievance machinery in each
agency of the government needs updating to make it more responsive to the
present day needs and realities;
WHEREFORE, the Commission resolves to adopt the
following Revised Policies in the Settlement of Grievances in the
Public Sector:
A grievance shall be resolved expeditiously at
all times at the lowest level possible in the agency. However, if not
settled at the lowest level possible, an aggrieved party shall present
his or her grievance step by step following the hierarchy of
positions.
All agencies shall establish a grievance
machinery that is the best way to address grievance between or among
government officials and employees.
An Agency is not precluded from adopting a name or
title for its grievance machinery.
The aggrieved party shall be assured freedom
from coercion, discrimination, reprisal and biased action on the
grievance.
Grievance proceedings shall not be bound by
legal rules and technicalities. Even verbal grievance must be acted
upon expeditiously. The services of a legal counsel shall not be
allowed.
A grievance shall be presented verbally or in
writing in the first instance by the aggrieved party to his or her
immediate supervisor. The latter shall, within three (3) working days
from the date of presentation, inform verbally the aggrieved party of
the corresponding action.
If the party being complained of is the immediate
supervisor, the grievance shall be presented to the next higher
supervisor.
Grievance refers to work related issues giving
rise to employee dissatisfaction. The following cases shall be acted
upon through the grievance machinery:
Non-implementation of policies, practices
and procedures on economic and financial issues and other terms
and conditions of employment fixed by law including salaries,
incentives, working hours, leave benefits, and other related terms
and conditions;
Non-implementation of policies, practices
and procedures which affect employees from recruitment to
promotion, detail transfer, retirement, termination, lay-offs, and
other related issues that affect them;
Physical working conditions;
Interpersonal relationships and linkages;
and
Protest on appointments;
All other matters giving rise to employee
dissatisfaction and discontentment outside of those cases
enumerated in Item No. 6.
The following cases shall not be acted upon
through the grievance machinery:
Disciplinary cases which shall be resolved
pursuant to the Uniform Rules on Administrative Cases; and
Sexual harassment cases as provided for in
RA 7877; and
Union-related issues and concerns.
Only permanent officials and employees, whenever
applicable, shall be appointed or elected as members of the grievance
committee. In the appointment or election of the committee members,
their integrity, probity, sincerity and credibility shall be
considered.
Agencies with regional offices shall establish
separate grievance committees in their head and regional offices. The
composition thereof are as follows:
In the central office, the highest official
responsible for Human Resource Management (HRM) shall act as
chairperson. In the regional offices, the chairperson shall be the
Chief or Head of Administrative Division.
Two (2) Division Chiefs or their equivalent
positions chosen from among themselves;
Two (2) members from the rank-and-file who
shall serve for a term of two (2) years and chosen through a
general assembly or any other mode of selection to be conducted
for the purpose; one from the first level and another from the
second level. In offices where there are accredited or recognized
employee unions, the rank-and-file representatives shall be those
named by the employee union. The first level representative shall
participate in the resolution of the grievance of first level
employees while the second level representative shall participate
n the resolution of grievance of second level employees; and
The Bilis Aksyon Partner (BAP) duly
designated.
In the case of Local government Units, the Local
Chief Executive or his or her duly designated representative shall
be appointed as member of the grievance committee.
In cases where the grievance is against one of
the members of the committee, the person who garnered the second
highest votes shall sit as alternate of the member being complained
of.
The agency head shall ensure equal opportunity
for men and women to be represented in the grievance committee.
The agency grievance committee shall develop
and implement pro-active measures that would prevent grievance, such
as employee assembly which shall be conducted art least once every
quarter, "talakayan"’ counseling HRD interventions and
other similar activities.
The personnel unit in collaboration with the
agency grievance committee shall conduct a continuing information
drive on grievance machinery among its officials and employees.
The grievance committee may conduct an
investigation and hearing within ten (10) working days from receipt of
the grievance and render a decision within five (5) working days after
the investigation: PROVIDED, HOWEVER, That where the object of the
grievance is the Grievance Committee, the aggrieved party may submit
the grievance to top management.
A grievance may be elevated to the Civil
Service Regional Office concerned only upon submission of a
Certification on the Final Action on Grievance (CFAG) issued by the
grievance committee. The CFAG shall contain, among other things, the
following information: history and final action taken by the agency on
the grievance.
The personnel unit of the agency shall extend
secretariat services to the grievance committee.
The grievance committee shall establish its own
internal procedures and strategies. Membership in the grievance
committee shall be considered part of the members’ regular duties.
The grievance committee shall submit a report
of its accomplishments and status report of unresolved grievances
quarterly to the Civil Service Regional Office.
Supervisors or officials who refuse to take
action on a grievance brought to their attention shall be liable for
neglect of duty in accordance with existing civil service law, rules
and regulations.
The agency grievance machinery shall be
submitted to the Civil Service Commission for approval. Subsequent
amendments shall be subject to CSC approval and shall take effect
immediately.
This Resolution shall take effect fifteen (15) days
after publication in a newspaper of general circulation.
Quezon City, January 10, 2001.
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(Sgd.) CORAZON ALMA G. DE LEON
Chairman |
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(Sgd.) JOSE F. ERESTAIN, JR.
Commissioner |
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(Sgd.) J. WALDEMAR V. VALMORES
Commissioner |
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Attested by:
(Sgd.) ARIEL G. RONQUILLO
Director III |
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