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Dear Sir/Mam:
Good day.
Before I ask questions regarding my concern, I would like to share the surrounding circumstances about my current employment in our Provincial Government. This is my first work experience in our government. I just got hired about two weeks ago as a “Job Order – employee” responsible for proofreading certain pre-legal documents. But my designated job position and salary grade, as stated in the PRF or Personal Reference Form (Not quite sure if that is what PRF means) are, namely; “Clerk II and Salary Grade IV,” respectively.
There are four of us who work as Job Order employees, and two more have been working for over a year as Casual employees in our office. And as far as I know, two of us have earned the Career Service Professional Eligibility among the Job Order and Casual employees in our office. From an informal conversation I had with a colleague last Friday, I came to know there are job positions with corresponding plantilla items still available in our office, but allegedly they are subject to the discretion of our agency head as to whom he/she will appoint into with as such. I would like to ask the following questions, given the foregoing circumstances:
1. Can the agency head or head of the office put on-hold an available plantilla item, in his/her office, for as long and as for whom he/she like?
Please cite, as much as possible, some rules/laws/legal jurisprudence/personal insights for references, regardless either you affirm or not.
2. If proven there is or there are available plantilla items in the said office; and given that I am currently employed as Job Order therein; I have a Career Service Professional Eligibility; and I am qualified for the said vacant plantilla item, could I somehow technically and legally assert myself circumventing the alleged discretionary means of the agency head in the appointment of available plantilla items therein?
Please cite, as much as possible, some rules/laws/legal jurisprudence/personal insights for references, regardless either you affirm or not.
3. In reference to “Item No. 2 under Article V. Contract of Services/Job Orders of CSC Memorandum Circular No. 38, Series of 1993,” if supposing my Contract of Services/Job Order has intermittently exceed six months rendering work on the prescribed working hours, could I perhaps invoke then the ruling of the “Four-fold Test” in accordance with legal jurisprudence?
Please cite, as much as possible, some rules/laws/legal jurisprudence/personal insights for references, regardless either you affirm or not.
I apologize if this topic seems to be immature and poorly conveyed, but I would really appreciate it if some of you could educate me on this matter at your spare and convenient time. Thank you very much, and may God Bless you.
Respectfully yours,
helbry630
Good day.
Before I ask questions regarding my concern, I would like to share the surrounding circumstances about my current employment in our Provincial Government. This is my first work experience in our government. I just got hired about two weeks ago as a “Job Order – employee” responsible for proofreading certain pre-legal documents. But my designated job position and salary grade, as stated in the PRF or Personal Reference Form (Not quite sure if that is what PRF means) are, namely; “Clerk II and Salary Grade IV,” respectively.
There are four of us who work as Job Order employees, and two more have been working for over a year as Casual employees in our office. And as far as I know, two of us have earned the Career Service Professional Eligibility among the Job Order and Casual employees in our office. From an informal conversation I had with a colleague last Friday, I came to know there are job positions with corresponding plantilla items still available in our office, but allegedly they are subject to the discretion of our agency head as to whom he/she will appoint into with as such. I would like to ask the following questions, given the foregoing circumstances:
1. Can the agency head or head of the office put on-hold an available plantilla item, in his/her office, for as long and as for whom he/she like?
Please cite, as much as possible, some rules/laws/legal jurisprudence/personal insights for references, regardless either you affirm or not.
2. If proven there is or there are available plantilla items in the said office; and given that I am currently employed as Job Order therein; I have a Career Service Professional Eligibility; and I am qualified for the said vacant plantilla item, could I somehow technically and legally assert myself circumventing the alleged discretionary means of the agency head in the appointment of available plantilla items therein?
Please cite, as much as possible, some rules/laws/legal jurisprudence/personal insights for references, regardless either you affirm or not.
3. In reference to “Item No. 2 under Article V. Contract of Services/Job Orders of CSC Memorandum Circular No. 38, Series of 1993,” if supposing my Contract of Services/Job Order has intermittently exceed six months rendering work on the prescribed working hours, could I perhaps invoke then the ruling of the “Four-fold Test” in accordance with legal jurisprudence?
Please cite, as much as possible, some rules/laws/legal jurisprudence/personal insights for references, regardless either you affirm or not.
I apologize if this topic seems to be immature and poorly conveyed, but I would really appreciate it if some of you could educate me on this matter at your spare and convenient time. Thank you very much, and may God Bless you.
Respectfully yours,
helbry630
