Frequently Asked Questions - Grievance

 

II. GRIEVANCE PROCEEDINGS

1.      What is a Grievance?

 

A Grievance is a work related discontentment or dissatisfaction of an employee.

 

2.      What are the rules that govern grievance proceedings in the Department of

Education?

 

It is governed by DepEd Order No. 35 s. 2004. It is a procedure which seeks to address grievances at the lowest possible level.

 

3.      Are there limits on what issues can be grieved?

 

None.

 

Common grievance issues are non-implementation of policies, practices or procedures concerning detail, transfer and promotion as well as delays such as inaction on application for leaves and delay in the processing of salaries and benefits,.

 

4.      What is the prescribed form for Grievance?

 

Grievances can be communicated either by verbal or written form.

 

5.      What are the grounds or circumstances that determine Grievance(s)?

 

As long as an issue pertains to work related discontentment or dissatisfaction without any clear or glaring circumstances of malice and bad faith, the issue is a grievance concern.

 

6.      Where I must file my grievances?

 

Grievance concerns must initially be filed with the immediate superior. However, if the subject of the grievance is the immediate superior, the grievance concern must be filed before the next higher superior.

 

7.      Is a verification and Certificate of Non-Forum Shopping required in filing a

Grievance?

 

No. There is no such requirement.

 

8.      How is a filed Grievance acted upon by an authority?

 

a.       The immediate supervisor shall discuss with the aggrieved party concerning the

grievance;

b.      The immediate superior shall confer with the subject of the grievance;

c.       After the discussions, the immediate superior shall issue a decision;

d.      The aggrieved party may file an appeal to the next higher superior; and

e.        If still not satisfied, the aggrieved party may file another appeal to the grievance

committee, then to the next higher grievance committee up to the Civil Service

Commission.

 

9.      What are the rules that govern Grievance Procedure?

 

Rules of procedure or grievance procedure are not bound by the technical rules of procedure. Grievance committees may adopt their own rules subject to the dictates of reasonableness.

 

10.  What are the penalties imposed to persons subject of the grievance?

 

In grievance procedure, there are no penalties imposed. Only actions to address work related discontentment and dissatisfaction.

 

11.  Is there a need for a legal counsel in grievance proceedings?

 

The appearance of counsels during grievance proceedings is not a requirement.

 

12.  What is the confidentiality rule in Grievance Proceedings?

 

Grievance handlers (immediate superiors and members of the grievance committees) are prohibited from disclosing facts relative to the grievance of an employee.

 

13.  Is there a need of hearing/ investigation after grievance has been filed?

 

It depends. If the immediate superior or grievance committee cannot ascertain the true

Circumstances concerning the grievance issue, there is a need to conduct hearings/ investigations to determine the cause of grievance and the proper or most appropriate remedy which shall be the basis of the decision.

 

14.  What is the effect if there is inaction of the immediate superior/ grievance committee?

 

Failure on the part of the immediate superior/ grievance committee to act on grievances may expose them to administrative action for neglect of duty.