Article 97p. 97

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

improvement of government operations, or who perform

such other extraordinary acts or services in the public

interest in connection with, or in relation to, their official

employment.

SECTION 36. Personnel Relations . — (1) It shall be the

concern of the Commission to provide leadership and

assistance in developing employee relations programs in

the department or agencies.

(2) Every Secretary or head of agency shall take all

proper steps toward the creation of an atmosphere

conducive to good supervisor-employee relations and the

improvement of employee morale.

SECTION

37.

Complaints

and

Grievances .

—

Employees

shall

have

the

right

to

present

their

complaints or grievances to management and have them

adjudicated as expeditiously as possible in the best

interest of the agency, the government as a whole, and

the employee concerned. Such complaint or grievances

shall be resolved at the lowest possible level in the

department or agency, as the case may be, and the

employee shall have the right to appeal such decision to

higher authorities.

Each department or agency shall promulgate rules

and regulations governing expeditious, fair and equitable

adjustment of employees' complaints or grievances in

accordance

with

the

policies

enunciated

by

the

Commission.

In

case

any

dispute

remains

unresolved

after

exhausting all the available remedies under existing laws

and procedures, the parties may jointly refer the dispute

to

the

Public

Sector

Labor

Management

Council

constituted under section 46, for appropriate action.

CHAPTER 6 Right to Self-Organization

SECTION

38.

Coverage .

—

(1)

All

government

employees, including those in government-owned or

controlled corporations with original charters, can form,

join

or assist employees' organizations of their own

choosing for the furtherance and protection of their

interests.

They

can

also

form,

in

conjunction

with

appropriate government authorities, labor-management

committees, work councils and other forms of workers'

participation schemes to achieve the same objectives.

(2) The provisions of this Chapter shall not apply to the

members

of

the

Armed

Forces

of

the

Philippines,

including police officers, policemen, firemen and jail

guards.

SECTION 39. Ineligibility of High-Level Employees to

Join

Rank-and-File

Employees'

Organization .

—

High-level

employees

whose

functions

are

normally

considered as policy-making or managerial or whose

duties are of highly confidential nature shall not be

eligible

to

join

the

organization

of

rank-and-file

government employees.

SECTION 40. Protection of the Right to Organize . —

(1) Government employees shall not be discriminated

against in respect of their employment by reason of their

membership in employees' organizations or participation

in

the normal activities of their organizations. Their

employment shall not be subject to the condition that

they shall not join or shall relinquish their membership in

the employees' organizations.

(2) Government authorities shall not interfere in the

establishment,

functioning

or

administration

of

government

employees'

organizations

through

acts

designed to place such organizations under the control of

government authority.

SECTION

41.

Registration

of

Employees '

Organization . — Government employees' organizations

shall register with the Civil Service Commission and the

Department of Labor and Employment. The application

shall be filed with the Bureau of Labor Relations of the

Department which shall process the same in accordance

with the provisions of the Labor Code of the Philippines.

Applications may also be filed with the Regional Offices

of the Department of Labor and Employment which shall

immediately transmit the said applications to the Bureau

of Labor Relations within three (3) days from receipt

thereof.

SECTION 42. Certificate of Registration . — Upon

approval of the application, a registration certificate shall

be

issued

to

the

organization

recognizing

it

as

a

legitimate employees' organization with the right to

represent its members and undertake activities to further

and defend its interests. The corresponding certificates of

registration shall be jointly approved by the Chairman of

the Civil Service Commission and the Secretary of Labor

and Employment.

SECTION 43. Appropriate Organizational Unit . — The

appropriate organizational unit shall be the employer's

unit

consisting

of

rank-and-file

employees

unless

circumstances otherwise require.

SECTION

44.

Sole

and

Exclusive

Employees'

Representatives . — (1) The duly registered employees'

organization having the support of the majority of the

employees in the appropriate organizational unit shall be

designated as the sole and exclusive representative of the

employees.

(2) A duly registered employees' organization shall be

accorded voluntary recognition upon a showing that no

other employees' organization is registered or is seeking

registration, based on the records of the Bureau of Labor

Relations, and that the said organization has the majority

support

of

the

rank-and-file

employees

in

the

organizational unit.

(3) Where there are two or more duly registered

employees'

organizations

in

the

appropriate

organizational unit, the Bureau of Labor Relations shall,

upon

petition,

order

the

conduct

of

a

certification

election and shall certify the winner as the exclusive

representative of the rank-and-file employees in said

organizational unit.

SECTION 45. The Public Sector Labor-Management

Council . — A Public Sector Labor-Management Council is

hereby constituted to be composed of the following: The

Chairman of the Civil Service Commission, as Chairman;

the

Secretary

of

Labor

and

Employment,

as

Vice-Chairman;

and

the

Secretary

of

Finance,

the

Secretary of Justice and the Secretary of Budget and

Management, as members.

The

Council

shall

implement and administer the

provisions of this Chapter. For this purpose, the Council

shall promulgate the necessary rules and regulations to

implement this Chapter.

CHAPTER 7 Discipline

SECTION 46. Discipline : General Provisions . — (a) No

officer

or

employee

in

the

Civil

Service

shall

be

suspended or dismissed except for cause as provided by

law and after due process.

(b) The following shall be grounds for disciplinary

action:

(1) Dishonesty;

(2) Oppression;

(3) Neglect of duty;

(4) Misconduct;

(5) Disgraceful and immoral conduct;

(6) Being notoriously undesirable;

(7) Discourtesy in the course of official duties;

(8) Inefficiency and incompetence in the performance

of official duties;

(9) Receiving for personal use of a fee, gift or other

valuable thing in the course of official duties or in

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