the civil service law and rules

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  • 7/29/2019 The Civil Service Law and Rules

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    (Book V of Executive Order 292

    and Omnibus Rules)

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    Right to Self-Organization

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    (1) All government employees, including those ingovernment-owned or controlled corporations

    with original charters, can form, join or assist

    employees organization of their own choosing forthe furtherance and protection of their interests.They can also form, in conjunction withappropriate government authorities, labor-

    management committees, work councils and otherforms ofworkers participation schemes to achievethe same objectives.

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    (2) The provisions of this Chapter shall not apply tothe members of the Armed Forces of thePhilippines, including police officers, policemen,firemen and jail guards.

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    High-level employees whose functions arenormally considered as policy-making ormanagerial or whose duties are of highlyconfidential nature shall not be eligible to join theorganization of rank or file government employees.

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    (1)Government employees shall not be discriminatedagainst in respect of their employment by reasonof their membership in employees organizationsor participation in the normal activities of theirorganizations. Their employment shall not besubject to the condition that they shall not join or

    shall relinquish their membership in theemployees organizations.

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    (2) Government authorities shall not interfere in the

    establishment, functioning or administration ofgovernment employees organizations under thecontrol of government authority.

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    Government employees organization shall registerwith the Civil Service Commission and theDepartment of Labor and Employment. Theapplication shall be filed with the Bureau of Laborand Relations of the Department which shallprocess the same in accordance with the provisions

    of the Labor Code of the Philippines.

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    Applications may also be filed with the Regional

    Offices of the Department of Labor andEmployment which shall immediately transmitthe said applications to the Bureau of LaborRelations within three (3) days from receipt

    thereof.

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    Upon approval of the application, a registrationcertificate shall be issued to the organizationrecognizing it as a legitimate employees

    organization with the right to represent itsmembers and undertake activities to further anddefend its interests. The corresponding certificatesof registration shall be jointly approved by the

    Chairman of the Civil Service Commission and theSecretary of Labor and Employment.

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    The appropriate organizational unit shall be theemployers unit consisting of rank-and-fileemployees unless circumstances otherwise require.

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    (1)The duly organized employees organizationhaving the support of the majority employees inthe appropriate organizational unit shall bedesignated as the sole and exclusive representativeof the employees.

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    (2) A duly organized employees organization shall

    be accorded voluntary recognition upon a showingthat no other employees organization is registeredor is seeking registration, based on the records ofthe Bureau of Labor Relations, and that the said

    organization has the majority support of the rank-and-file employees in the organizational unit.

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    (3) Where there are two or more duly registered

    employees organizations in the appropriateorganizational unit, the Bureau of Labor Relationsshall, upon petition, order the conduct of acertification election and shall certify the winneras the exclusive representative of the rank-and-fileemployees in said organizational unit.

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    A public Sector Labor-Management Council ishereby constituted to be composed of thefollowing: The Chairman of the Civil Service

    Commission, as Chairman; the Secretary of Laborand Employment, as Vice-Chairman; and theSecretary of Finance, the Secretary of Justice andthe Secretary of Budget and Management, asmembers.

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    The Council shall implement and administer the

    provisions of this Chapter. For this purpose, theCouncil shall promulgate the necessary rules andregulations implement this Chapter.

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