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PROTEST

MC 2 S. 2001 - INITIAL PROCEDURE

OF PROTEST

SEC. 60

70 CS RES. 991936

FOR

PROTEST AND APPEAL PROCEDURE

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BASIC PRINCIPLES/POLICIES

IN GRIEVANCE MACHINERY

1. Grievance shall be resolvedexpeditiously at the lowest level possible;

2. GM is the best way to address grievanceamong government officials/employees(inside problem);

3. There is assurance of freedom fromcoercion, discrimination, reprisal andbiased action on grievance;

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4. The proceedings shall not be bound bylegal rules and technicalities. The servicesof LEGAL COUNSEL SHALL NOT beallowed.

5. A grievance shall be presented verballyor in writing to the immediate supervisor.If the subject is the immediate supervisor

go to the next higher supervisor.6. The Agency head shall ensure equal

opportunity for men and women to b erepresented in the grievance.

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RESPONSIBILITIES OF THE

GRIEVANCE COMMITTEE

1. The GM shall develop proactivemeasures that prevent grievance such as

talakayan, counselling, HRD interventionsex. Team building, sports development,cultural/social presentations, survival test;

2. The personnel unit in collaboration withthe GC shall conduct a continuinginformation drive on grievance machineryamong its officials/employees;

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3. The personnel unit of the agency shall

extend secretariat services to the GC.4. The GC shall establish its own internal

procedures and strategies, membership inthe grievance committee shall be

considered part of the members regularduties.

5. Only permanent officials/employees

whenever applicable shall be appointed orelected as GC member.

Criteria: integrity, probity,sincerity/credibility

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6. Conduct dialogue between and amongthe parties involved.

7 Conduct an investigation and hearingw/in ten working days from receipt of thegrievance and render a decision w/in five

working days after the investigation. If theobject of the grievance is GC then theaggrieved party may submit the grievanceto TOP MANAGEMENT.

8. Direct the documentation of thegrievance including the preparation andsigning of written agreements reached by

the parties involved.

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Grievance refers to work related issues

giving rise to employee dissatisfaction.

Cases to be acted upon through

Grievance Machinery:

Non-implementation of policies,practices

and procedures on economic and financial

issues and other terms and conditions of

employment fixed by law includingsalaries, incentives, working hours, leave

benefits, & other related terms &

conditions

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2. Non-implementation of policies,practices and procedures affectingemployees from recruitment to promotion,detail, transfer, retirement, termination,lay-offs & other related issues;

3. Physical working conditions;

4. Interpersonal relationships & linkages;

5. Protest on appointments;

6. Other matters giving rise to employeedissatisfaction & discontentment notenumerated in the above.

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MC 2 S. 2001

PROTEST as a form of grievance par. 6 (e)

GRIEVANCE PROCEDUREestablished by the

Grievance Committee1. Discussion w/ the Immediate Supervisor

2. Appeal to the Higher Supervisor

3. Appeal to the Grievance Committee

4. Appeal to Top Management

5. Appeal to the Civil Service Regional Office

- needs the CFAG-Certification on the Final Action on theGrievance

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Composition of Grievance

Committee

1 - Chairperson

2 - Division Chiefs (to be chosen from

among themselves)

2 - Members from rank and file (1 from

first level and 1 from second level)

1 - BAP

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VII. GRIEVANCE FORMS

The following forms shall be used:

1. Grievance Form

GRIEVANCE FORM(Date Filed)

Name of Aggrieved Party

Position Title/Designation (if any}

Nature/Subject of Grievance:

Action Desired

Section/Division/Office

Aggrieved Partys Higher Supervisor

Signature of Aggrieved Party

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2. Grievance Agreement Form

Grievance Agreement Form

Name of Parties to a GrievanceNature of the Grievance

Steps toward Settlement

Agreements/Reached

We promised to abide by the above-stated agreement.

Aggrieved Party

Chairman Grievance Committee

Subject of Grievance

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3. Certificate of Final Action on

the Grievance

CERTIFICATE OF FINAL ACTION ON THE GRIEVANCE

This certifies that the grievance file by _______________________________________________ on

(Aggrieved Party)

____________________________ has been acted upon by this Committee on ________________

Final Action Taken: _____________________________________________________________________________________________________________________________________________

___________________________

Chairman Grievance Committee

Date _______________________

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REQUIREMENTS IN FILING PROTEST1. Protestant is a qualified next-in-rank;

2. Filing Fee of P500.00;3. Subscribed & sworn to &written in clear, unequivocal

language which shall contain the ff:

a) position being contested including its item number,correct position title and the salary per annum;

b) full name, office, position and salary per annum of boththe protestant & protestee;

c) Facts & arguments constituting the grounds for theprotest;

d) Certification of No-forum shopping.

4. Filed w/in the 15 day reglementary period from

issuance of the appointment.

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Section 61. Form and content of Protest.-

The protest shall be subscribed & sworn

to & written in clear, unequivocal &

concise language. It shall contain the

following:A. The position being contested, including its itemnumber, correct position title & the salary per annum;

B. The full name, office, position & salary per annum of

both the protestant & the protestee;C. The facts & arguments constituting the grounds for the

protest; and

D. Proof of payment of a filing fee of the Five Hundred

(Php500.00)

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Section 67. Dismissal of Protest.- A protest shall be

dismissed on any of the following grounds:

A. The protestant is not a qualified next-in-rank;B. The protest is not directed against a particular protestee

but to anyone who is appointed to the position or directed totwo or more protestees;

C. The protest is not in accordance with the required form asprescribed in these Rules;

D. No appointment has been issued or the appointment has

been disapproved;E. The protest is filed outside the 15 day reglementary period

as provided in Section 62 hereof;

F. Non-payment of the filing fee; and

G. Non-submission of a certificate of non-forum sho in .

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APPEAL ON ACTION ON APPTS.

(Sec. 71 CS Res 991936 & MC 15 s. 2002)

Can be availed of by any person otherthan the qualified next-in-rank

Can raise the issue on qualification

requirements & other grounds

including procedural flow

Directed for the recall/

invalidation/cancellation/ disapproval

of appointment

Need not pass through the grievance

machinery

PROTEST

(Sec. 60-70 CS Res 991936)

Can be availed of by an

employee who is qualifiednext-in-rank

Issue is the qualification

requirements compliance of

appointee vis a vis

Qualification standards of thesubject position

Directed against the

appointee (person) for not

being qualified

Shall pass the grievancemachinery