Law Summary
Protection and Fair Treatment
- Aggrieved parties are guaranteed freedom from coercion, discrimination, reprisal, and bias.
- Grievance processes are informal, not subject to legal technicalities.
- Legal counsel is not allowed during grievance proceedings.
Presentation and Initial Action on Grievances
- Grievances may be presented verbally or in writing to the immediate supervisor.
- The immediate supervisor must respond verbally within three working days.
- If the grievance involves the immediate supervisor, it should be submitted to the next higher supervisor.
Definition and Scope of Grievances
- Grievances pertain to work-related employee dissatisfaction, including issues on:
- Non-implementation of employment policies, salaries, incentives, working conditions, leave.
- Recruitment, promotion, transfers, retirement, termination, lay-offs.
- Physical working conditions, interpersonal relations.
- Appointment protests and other employee discontent.
Exclusions from Grievance Machinery
- Disciplinary cases resolved under Uniform Rules on Administrative Cases.
- Sexual harassment cases governed by RA 7877.
- Union-related issues.
Composition of Grievance Committee
- Only permanent officials and employees with integrity and credibility serve.
- Separate committees are established at head and regional offices.
- Committee composition:
- Chairperson (highest HRM official or equivalent).
- Two division chiefs or equivalents.
- Two rank-and-file members serving two-year terms, representing first and second level employees.
- Designated Bilis Aksyon Partner (BAP).
- Local Government Units include the Local Chief Executive or representative.
Gender Representation and Preventive Measures
- Agencies must ensure equal representation of men and women in committees.
- Committees should implement proactive grievance prevention like quarterly assemblies, counseling, and HRD interventions.
Information Dissemination and Secretariat Support
- Personnel units and grievance committees conduct continuous efforts to inform employees about grievance mechanisms.
- Personnel units provide secretarial services to the grievance committee.
Grievance Investigation and Decision
- Investigation and hearings must occur within ten working days after grievance receipt.
- Decisions rendered within five working days post-investigation.
- Grievances against the committee itself may be elevated directly to top management.
Elevation Beyond Agency
- Grievances may be escalated to the CSC Regional Office only after issuance of Certification on Final Action on the Grievance (CFAG) by the agency grievance committee.
- CFAG includes grievance history and final agency action.
Internal Procedures and Reporting
- Grievance committees establish their own internal rules.
- Serving on the committee is part of the member's official duties.
- Committees must submit quarterly accomplishment and unresolved grievance reports to CSC Regional Office.
Accountability of Supervisors
- Supervisors refusing to act on grievances face penalties for neglect of duty under civil service laws and regulations.
Approval and Effectivity
- Agency grievance machinery requires CSC Regional Office approval.
- Amendments to machinery also require CSC approval and are effective immediately.
- The circular repeals inconsistent previous issuances on grievance machinery.
Grievance Procedures Steps
- Discussion with Immediate Supervisor – verbal or written grievance; response within 3 working days.
- Appeal to Higher Supervisor – in writing within 5 days if unsatisfied; decision within 5 working days.
- Appeal to Grievance Committee – investigation within 10 working days; decision within 5 working days.
- Appeal to Top Management – decision within 10 working days; grievances against top management go directly to CSC.
- Appeal to CSC Regional Office – filed within 15 working days with CFAG.
Definitions
- Accredited Employee Union: recognized under EO No. 180.
- Bilis Aksyon Partner (BAP): CSC designated action officer under the Mamamayan Muna Program.
- Grievance: work-related dissatisfaction expressed verbally or in writing not given due consideration.
- Grievance Machinery: system to address grievances effectively.
- Public Sector Labor-Management Council (PSLMC): body managing government employee organization rights.
Objectives of the Grievance Machinery
- General: foster a harmonious work atmosphere and improve employee morale.
- Specific:
- Activate and strengthen existing grievance mechanisms.
- Settle grievances at the lowest level.
- Develop dispute settlement capabilities of personnel, especially supervisors.
Scope
- Applies to all agency officials and employees including applicable non-career employees.
Responsibilities of Grievance Committee
- Develop internal procedures.
- Implement grievance prevention activities.
- Conduct information drives.
- Facilitate dialogue, investigate, and hold hearings.
- Document proceedings and agreements.
- Issue CFAG.
- Submit quarterly reports to CSC.
Commitment
- Agency heads must enforce and implement grievance machinery provisions.
- Hold accountable supervisors or officials refusing to act on grievances.