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Designation in Acting Capacity

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1 Designation in Acting Capacity on Mon Mar 11, 2013 8:38 pm

ronoxyboy


Arresto Menor
Good day. I am an employee of a government owned and controlled corporation (GOCC) currently holding a supervisory position. In February of 2008, I was designated as a manager in acting capacity without any change in compensation. The designation was due to the opening of a new branch. The designation lasted for more than a year then I was reverted back to my original position. After 4 months, I was again designated as manager in acting capacity. This time, my designation lasted for more than 2 years. All this time, I have been performing the duties and responsibilities of the managerial position without any change in compensation. I was again reverted to my original position in 2011 and have been in this position ever since.
Do I have a legal right to demand that I be promoted to managerial position considering the length of time that I was designated in acting capacity? I have written our top management requesting that I be promoted but my letter went unanswered. I know that being a GOCC, we are not covered by the labor code but by the Civil Service Commission. My case is one among many within our company and if anyone of you is interested in helping us in filing a class suit, I may be able to convince the others to join.

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2 Re: Designation in Acting Capacity on Wed Mar 27, 2013 9:55 pm

unionsec


Arresto Menor
sir kahit sa mga private company na kagaya nang pinagtatrabahuan ko ganyan din yung practice. temporary assignment to higher position pero it lasted for more than a year. ginawang panakip butas ika nga. sabi ng union lawyer namin legally d daw namin mahabol unless there is a written and signed agreement between you and the management na ievaluate ka nila for x number of days or months then after that they will inform you that you'll be promoted or not.

yung naging remedy na lang namin was to include a clause sa last CBA namin na dapat kung massign ang isa sa mga union members namin to higher position my time limit na lang na 6 months which is enough time for management to evaluate if you are fit for that position.

in this way mavoid namin na maging panakip butas ng management.

sana nakatulong ako.

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3 Re: Designation in Acting Capacity on Thu Mar 28, 2013 5:18 pm

attyLLL


moderator
actually, if the gocc is registered with the SEC and doesn't have its own charter law, then it's covered by the labor code.

and imo, there is no right to a promotion.


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