Merit System

Merit Promotion and Fitness Principle Introduction Entrance to the government service based on merit and fitness is one characteristic

of

the

bureaucracy

that

has

been

recognized

in

all

bureaucracies worldwide. In the Philippines, this is so stipulated in the 1987 constitution. Merit system is a system by which entrance and advancement in the civil service is based on merit and fitness to be determined by competitive examinations and other objective criteria. It is the guiding principle in the selection, recruitment and promotion of the officers and employees of the local government bureaucracy or in the executive departments.

Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

Promotion Promotion is an advancement of an employee from one position to another with an increase in duties and responsibilities. It is usually accompanied by an increase in salary. The movement may be from one department or agency to another, or from one organizational unit to another in the same department or agency. Purposes of promotion Promotions permit an organization to utilize more effectively any skills and abilities that individuals have been able to develop during the course of their training and employment. The opportunity to gain a promotion can serve as incentive for individuals to improve further their capacities and their performance. Promotions can also serve as reward and as evidence of appreciation

for

past

achievements.

If

the

promotion

program

is

administered properly, it can serve to improve employee efficiency and morale and to attract new employees to the organization. In the past a promotion

invariability

meant

the

assumption

the

supervisory

responsibilities, but today it may not. It is fairly common now for organizations to establish alternative methods by which employees may be promoted. Where scientist, engineers, and other specially trained personnel are utilized, a dual-track system may be provided for promotional opportunities to jobs that may not include supervisory responsibilities.

Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

Bases for promotion The benefits to be derived from a promotion program are contingent upon having objective criteria available for selecting individuals are promotion. The use of such criteria permits promotion decisions to be made fairly and enables employees to understand the basis for them. Merit and Seniority The two principal criteria for determining promotions are merit and seniority. While the term merit more correctly applies to an individual’s record of performance, it also is commonly used in references to abilities. In its broader sense, merit can be said to refer to both past performance and ability; for it is in this sense that merit is used as criterion for determining that an individual is qualified to meet the requirements of a higher-level job. Evidence of merit may be provided by performance ratings, personal history records, and scores on job-relevant tests. Seniority refers to the length of service that an employee has accumulated. While seniority lends itself to more objective measurement than merit, its determination can create various problems. In giving recognition to merit and seniority, the problem generally is not one of deciding which of the two factors to consider; rather, the problem is to determine the degree of recognition which should be given to each of the factor. Rarely is either merit or seniority considered to the exclusion of the other, although employers generally prefer to give more weight to merit. Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

Even when not restricted by a labor agreement, however, management may find itself giving considerable recognition to seniority because of the difficulty

of

effectively

measuring

relative

merit

and

effectively

communicating to employees that the measurement is accurate and fair. Recognition for seniority also increases the assurance that there is no discrimination, or what might also perceived to be discrimination, on the basis of age, sex, or minority group membership in promotion decisions. In considering candidates for promotion, performance in their present job may not necessarily provide an accurate basis for predicting success in a job at a higher level. This fact is especially true if an employee is being promoted into a different type of job, such as when an operative employees is promoted to a supervisory job. To the extent that the functions of the job for which a candidate is being considered are different, it is important that merit be judged in terms of meeting the requirements of the higher-level job as well as in terms of meeting those of the present one. Policies on Promotion The present policies on promotion are found in Rule VI of the Omnibus Rules Implementing Book V of Executive Order 292. The salient features of the Rule are as follows: 1. Whenever a position in the first level becomes vacant, the employees in the department/agency who occupy positions deemed to be next-inrank to the vacancy, shall be considered for promotion.

Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

2. Whenever a position in the second level becomes vacant, the employees in the entire bureaucracy who occupy next-in-rank position, shall be considered for promotion. 3. The most qualified next-in-rank employee may be promoted to the vacancy. 4. The appointing authority may appoint an individual who is not next-inrank but possess superior qualifications and competence than the next-in-rank employee 5. Next-in-rank position is defined as the one which by the reason of the

hierarchical arrangement of position in the department or agency or in the government, assumes the nearest degree of relationship to a higher position as they appear in the agency’s System of Ranking Positions 6. When employees are on equal footing in their qualifications, preference may be given to the employee in the organizational unit where the vacant position is, or for second level positions, in the department or agency where the vacancy is. 7. The

factors

used

in

determining

degree

of

competence

and

qualification of employees are the following: a. Performance – this is based on the last performance rating of the employee. The performance rating should at least be Very Satisfactory

Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

b. Education and Trainings – these include educational background and successful completion of training courses, scholarships, training grants and others c. Experience and Outstanding Accomplishments – these include occupational history, work experience and accomplishments worthy of special commendation d. Physical Characteristics and Personality Traits – these refer to physical fitness, attitude and personality traits of the individual which must have a bearing on the position to be filled e. Potential – this considers the employee’s capability not only to perform duties and assume the responsibilities of the position to be filled but also those of higher positions that entail more responsibilities Selection and Promotion Board To ensure objectivity in the promotion process, a Selection/Promotion Board is established in every department or agency which is composed of the following: 1. An official of the department/agency is directly responsible for personnel management 2. A representative of management 3. A representative of the organizational unit where the vacancy is 4. Two representatives of the rank-and-file employees representing the first

and

second

level,

who

are

chosen

by

the

duly

Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

registered/accredited employee association in the department or agency. If there is no such association, they are chosen at large by the employees through a general election called for the purpose. The first level representative participates in screening for candidates for vacancies in the first level, while the second level representative participates in the screening of candidates for vacancy in the second level. The Board has the following functions: 1. Adopts

formal

screening

procedures

and

formulate

criteria

for

evaluation and candidates for promotion. 2. Evaluates the qualifications of employees being considered for promotion according to the set standards. 3. Prepares the list of employees recommended for promotion from which the appointing authority may choose. 4. Recommends the promotion of employees most qualified to fill the vacancies. The role of the Selection/Promotion Board is recommendatory in nature. It is the appointing authority who makes the final decision as they are vested with a wide latitude of discretion in the final selection of the appointee.

Merit Promotion Plan To ensure that the proper procedures are followed in the process of selection and promotion, a Merit Promotion Plan (MPP) is established in all Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

departments and agencies. The Plan is the document that will show an agency’s adherence to the established rules and regulations governing promotion. The MPP is developed by the agency within a year from its organization or reorganization and is submitted for approval to CSC Regional Office having jurisdiction over the agency. It is updated and any amendments or changes therein take effect six months from the date of approval by the Commission. All employees in the agency are informed about the provisions of the MPP and its amendments. The Commission provides technical assistance to departments and agencies in preparing their MPPs and sees to it that they are carried out.

Important Policies on Promotion All

appointments

involved

in

a

chain

of

promotions

are

submitted

simultaneously for approval by the Commission. Disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower position and automatically restores them to their positions. Affected persons are entitled to the payment of salaries for services rendered based on rates fixes promotional appointments. When an employee has a pending administrative case, he/she is disqualified for promotion while the case remains unsolved. If found guilty, he is disqualified for promotion for a period based on the penalty imposed, as prescribed by the Commission. Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

An administrative case in considered pending when the disciplining authority has already filed a formal charge; or when, in a complaint filed by a private person, the disciplining authority, already found a prima facie case.

Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

Protest/Appeal Within 15 days from the issuance of an appointment, a next in-rank employee who is competent and qualified who feels aggrieved by the promotion of another, may file a protest with the department or agency head who makes decision within 30 days from receipt of protest. If the person is not satisfied with the decision of the agency head, he may further appeal within 15 days from receipt of the decision to the Office for Legal Affairs of the Civil Service Commission, which will render a decision within 60 days from the time the protest case is submitted for decision. The decision of the OLA is final and executor if no petition for reconsideration is filed within 15 days from receipt of the decision. Failure to protest, appeal, petition for reconsideration or petition for review within the prescribed period will be deemed a waiver of such right and render the subject action/decision final and executor. An appointment through contested, takes effect immediately upon its issuance if the appointee assumes the duties of the position. The appointee is also entitled to received the salary approved for the position. The appointment, together with the decision of the agency is submitted to the Commission for appropriate action within 30 days from the date of its issuance, otherwise, the appointment becomes ineffective. The appointment also becomes ineffective if the protest is finally resolved against the protestee, in which case, he/she reverts to his/her former position. Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero

The Supreme Court decision on Lapinid vs. CSC – G.R. 96298 is worth mentioning. The case rose from a protest by a more qualified employee by virtue of ranking made and recommended by the Promotion Board. The High Court ruled that once a promotional appointment has been issued and appointee meets the required minimum qualification, the appointment cannot be protested and appealed. The Supreme Court declared that an appointment is highly discretionary act of appointing authority that even the Court cannot compel. Thus, neither the CSC can entertain such protest. Being a quasi-judicial body, CSC can only review appointments issued by appointing official to find out of it the appointee possesses the required qualifications. It has no authority to replace with another it believes to have better credentials. Despite the initial approval of promotional appointment, it may effect a recall because of: (a) Non-compliance with the procedures/criteria provided in the agency’s Merit Promotion Plan (b)Failure to pass through the agency’s Selection Promotion Board; (c) Violation of the existing collective agreement between management and employees concerning promotion; or (d)Violation of other existing civil service laws, rules and regulations.

Merit Promotion and Fitness Principle 10 Reported by Monaliza A. Herrero