PROTEST

MC 2 S. 2001 - INITIAL PROCEDURE

OF PROTEST SEC. 60 70 CS RES. 991936 FOR PROTEST AND APPEAL PROCEDURE

BASIC PRINCIPLES/POLICIES IN GRIEVANCE MACHINERY

1. Grievance shall be resolved

expeditiously at the lowest level possible; 2. GM is the best way to address grievance among government officials/employees (inside problem); 3. There is assurance of freedom from coercion, discrimination, reprisal and biased action on grievance;

4. The proceedings shall not be bound by

legal rules and technicalities. The services of LEGAL COUNSEL SHALL NOT be allowed. 5. A grievance shall be presented verbally or 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 e represented in the grievance.

RESPONSIBILITIES OF THE GRIEVANCE COMMITTEE

1. The

GM shall develop proactive measures that prevent grievance such as talakayan, counselling, HRD interventions ex. Team building, sports development, cultural/social presentations, survival test; 2. The personnel unit in collaboration with the GC shall conduct a continuing information drive on grievance machinery among its officials/employees;

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 in the grievance committee shall be considered part of the members regular duties. 5. Only permanent officials/employees whenever applicable shall be appointed or elected as GC member. Criteria: integrity, probity, sincerity/credibility

6. Conduct dialogue between and among

the parties involved. 7 Conduct an investigation and hearing w/in ten working days from receipt of the grievance and render a decision w/in five working days after the investigation. If the object of the grievance is GC then the aggrieved party may submit the grievance to TOP MANAGEMENT. 8. Direct the documentation of the grievance including the preparation and signing of written agreements reached by the parties involved.

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 including salaries, incentives, working hours, leave benefits, & other related terms & conditions

2. Non-implementation of policies,

practices and procedures affecting employees 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 employee dissatisfaction & discontentment not enumerated in the above.

MC 2 S. 2001
PROTEST as a form of grievance par. 6 (e) GRIEVANCE PROCEDURE established by the Grievance Committee 1. 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 the Grievance

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

VII. GRIEVANCE FORMS The following forms shall be used:

1. Grievance Form
(Date Filed) GRIEVANCE FORM
Section/Division/Office Aggrieved Partys Higher Supervisor

Name of Aggrieved Party

Position Title/Designation (if any} Nature/Subject of Grievance:

Action Desired

Signature of Aggrieved Party

2. Grievance Agreement Form

Grievance Agreement Form
Name of Parties to a Grievance

Nature 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

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 _______________________

REQUIREMENTS IN FILING PROTEST

1. 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 both the protestant & protestee; c) Facts & arguments constituting the grounds for the protest; d) Certification of No-forum shopping. 4. Filed w/in the 15 day reglementary period from issuance of the appointment.

 A. The position being contested, including its item number, 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)

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:

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 to two or more protestees; C. The protest is not in accordance with the required form as prescribed 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 shopping.

APPEAL ON ACTION ON APPTS.

(Sec. 71 CS Res 991936 & MC 15 s. 2002)
Can be availed of by any person other than the qualified next-in-rank

PROTEST
(Sec. 60-70 CS Res 991936) Can be availed of by an employee who is qualified next-in-rank Issue is the qualification requirements compliance of appointee vis a vis Qualification standards of the subject position Directed against the appointee (person) for not being qualified Shall pass the grievance machinery

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