Grievance Machinery
Grievance Machinery
Grievance Machinery
2004
R E V I S I O N O F T H E G R I E VA N C E M A C H I N E R Y O F T H E
D E PA R T M E N T O F E D U C AT I O N ( D E P E D )
To:
Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services, Centers and Heads of Units
Regional Directors
Schools Division/City Superintendents
1. For the information and guidance of all concerned, enclosed is a revised copy of the
Department’s Grievance Machinery approved by the Civil Service Commission, which is
self-explanatory.
EDILBERTO C. DE JESUS
Secretary
D E P A R T M E N T O F E D U C A T I O N ( D E P E D ) G R I E VA N C E
MACHINERY
In line with the Revised Policies on the Settlement of Grievance in the Public Sector
contained in CSC Resolution No. 010113, dated January 10, 2002 and implemented
through CSC Memorandum Circular No. 02, s. 2001, the Department of Education hereby
adopts the herein Grievance Machinery.
I. BASIC POLICIES
3. Grievance proceedings shall not be bound by legal rules and technicalities. Even
verbal grievance must be acted upon expeditiously. The services of a legal counsel
shall not be allowed.
4. The head of agency shall ensure equal opportunities for men and women to be
represented in the grievance committee.
II. OBJECTIVES
As provided under the Rules of Procedure of the Department, the grievance machinery
shall refer to a workable system for determining or providing the best way to remedy the
specific cause or causes of the grievance. It is intended to help promote wholesome and
desirable employee relations in the Department and to prevent employee discontent and
dissatisfaction. In ordet to create a work atmosphere that is conducive to good supervisor-
employee relations and improved employee morale, the machinery shall aim to:
III. SCOPE
The Grievance Machinery shall apply to all levels of officials and employees in the
Department of Education (DepEd), including non-career employees whenever applicable.
I V. D E F I N I T I O N O F T E R M S
2. Career Service – positions in the civil service characterized by (1) entrance based
on merit and fitness to be determined as far as practicable by competitive
examination, or based on highly technical qualifications; (2) opportunity for
advancement to higher career positions; and (3) security of tenure.
10. Bills Aksyon Partner – the counterpart action officer of the Civil Service
Commission ‘under the Mamamayan Muna Program pursuant to CSC Memorandum
Circular No. 3, s. 1994.
V. A P P L I C A T I O N O F G R I E VA N C E M A C H I N E R Y
The following cases shall not be acted upon through the grievance machinery:
V I . G R I E VA N C E P R O C E D U R E
At the first instance, the employee/aggrieved party shall present his/her grievance orally
or in writing to his/her immediate supervisor, who shall, within three (3) days from the
date of presentation, inform the employee orally of his or her decision. Provided however,
that where the object of the grievance is the immediate supervisor, the aggrieved party
may bring the grievances to the next higher supervisor.
Privacy in discussion – The oral discussion shall be held in private in a quiet and
secluded spot where the conversation cannot be interrupted or overheard.
The case shall be heard fully – The supervisor shall seek to keep his/her views and
opinions entirely to himself/herself until after the employee has explained his/her-side
during the oral discussion.
A definite decision shall be reached – At the end of the discussion, the supervisor must be
prepared to state his/her position clearly and accurately based on the merits of the
grievance. He/She need not immediately give a definite decision, but the decision shall be
rendered within three (3) days from the presentation of the grievance.
If the aggrieved party is not satisfied with the verbal decision, he or she may submit the
grievance in writing, within five (5) days to the next higher supervisor who shall render
his or her decision within five (5) working days from receipt of the grievance.
The decision of the next higher supervisor may be elevated to the grievance committee
within five (5) working days from receipt of the decision of the next higher supervisor.
The grievance committee may conduct an investigation and hearing within ten (10)
working days from receipt of the grievance and render a decision within five (5) working
days after the investigation. Provided, however, that where the object of the grievance is
the grievance committee, the aggrieved party may submit the grievance to the Office of
the Secretary, through the Undersecretary for Legal Affairs.
If the aggrieved party is not satisfied with the decision of top management, he or she may
appeal or elevate his or her grievance to the Civil Service Commission Regional Office
concerned within fifteen (15) working days from the receipt of such decision. The
aggrieved party shall submit a Certification on the Final Action on the Grievance (CFAG)
together with the appeal. The Civil Service Commission Regional Office shall rule on the
appeal in accordance with existing civil service law, rules and regulations.
V I I . G R I E VA N C E C O M M I T T E E
The Department shall establish separate grievance committees in the central, regional and
division and district offices and in schools. Only permanent officials and employees shall
be appointed or elected as members of the grievance committee. In the appointment or
election of the committee members, their integrity, probity, sincerity and credibility shall
be considered. Officials who refuse to take action on a grievance brought to their
attention shall be liable for neglect of duty in accordance with civil service laws, rules
and regulations.
a. The School Grievance Committee shall have original jurisdiction over grievances of
teachers and non-teaching personnel in the school that were not orally resolved.
b. The District Grievance Committee shall have original jurisdiction over grievances of
employees in the district that were not orally resolved. It shall also have appellate
jurisdiction over grievances that were not resolved in the School Grievance Committee.
c. The Schools Division Grievance Committee shall have original jurisdiction over
grievances of employees in the division that were not orally resolved. It shall also have
appellate jurisdiction over grievances that were not resolved in the District Grievance
Committee. .
d. The Regional Grievance Committee shall have original jurisdiction over grievances of
employees in the region that were not orally resolved. It shall also have appellate
jurisdiction over grievances that were not resolved in the Schools Division Grievance
Committee.
e. The Department Grievance Committee shall have original jurisdiction over grievances
of employees in the different bureaus/services/centers and offices in the Central Office
that were not orally resolved. It shall also have appellate jurisdiction over grievances that
were not resolved by the Regional Grievance Committee.
The Grievance Committee shall render its decision within fifteen (15) days from receipt
of the grievance in writing and the decision of the next higher supervisor as appealed by
the aggrieved party. Within the fifteen (15) working day period, the committee may
conduct an investigation and hearing ten (10) days from receipt of the grievance and
render a decision within five (5) working days after the investigation, The decision shall
be in writing and shall contain all relevant facts and circumstances as well as the law or
rule that was applied, if any.
(3) A teacher who is acceptable to both the aggrieved party and the object of the
grievance to be appointed by the Principal or Head Teacher.
(3) President of the District Teachers’ Association or his or her designated representative.
(3) The President of the Schools Division Teachers Association or his or her . s
designated representative.
(4) Two (2) members of the rank and file, one from the first level and another from the
second level, to be chosen through a general election or any other mode of the like. In
case there is an accredited or recognized employees union, the same shall designate said
representatives. The first level representative shall participate in the resolution of the
grievance of first level employees while the second level representative shall participate
In the resolution of the grievance of second level employees. The two (2) representatives
from the rank and file shall serve for a term of two (2) years*
(2) Two (2) Division Chiefs, one from the OSEC proper and one from the bureaus to be
chosen from among themselves
(3) Two (2) members of the rank and file, one from the first level and another from the
second level, to be nominated by the accredited or recognized employees union. The first
level representative shall participate in the resolution of the grievance of first level
employees while the second level representative shall participate in the resolution of the
grievance of second level employees. The two (2) representatives from the rank and file
shall serve for a term of two (2) years.
Each Grievance Committee shall create its own rules of procedure that is deemed most
appropriate in the settlement of grievances in its respective level. The Personnel Unit or
staff-in-charge of personnel matters shall extend secretariat services to the
regional/schools division/district/school grievance committee, while in the Central
Office, the Personnel Division and Employees Welfare and Benefits Division shall extend
secretariat services to the department grievance committee.
In addition to finding the best way to address specific grievance, the committee shall
have the following responsibilities:
a. Establish its own procedures and strategies. Membership in the grievance committee
shall be considered part of the members’ regular duties
e. Direct the documentation of the grievance including the preparation and signing of
written agreements reached by the parties involved
f. Issue final certification on the Final Action on the Grievance (CFAG). which shall
contain, among other things, the history and final action taken by the agency on the
grievance
VII. EFFECTIVITY
This Grievance Machinery shall take effect immediately upon approval by the Civil
Service Commission Regional Office concerned. Subsequent amendments shall be subject
to CSC approval and shall take effect immediately.
IX. COMMITMENT
I hereby commit to implement the provisions of this Grievance Machinery and take
necessary action in accordance with existing civil service law and rules against
supervisors or officials who refuse to act on a grievance brought before their attention.