Grievance Machinery for

Deped Teaching and

Non-Teaching Personnel

DepEd Order No. 35 series of 2004

 Basic Policies
 A grievance shall be resolved expeditiously at all
times at the lowest level possible.
 If not settled at the lowest level possible, take
step by step following the hierarchy of positions.
 Freedom from coercion, discrimination, reprisal,
and biased action.
 Not bound by legal rules and technicalities.
 Verbal grievance must be acted upon
expeditiously.
 Services of a legal counsel shall not be allowed.
 Ensure equal opportunities for men and women
to be represented.
 OBJECTIVES
 Activate and strengthen the
Department’s existing grievance
machinery;
 Settle grievances at the lowest
possible level in the Department; and
 Provide a catalyst for the development
of capabilities of personnel to settle
disputes.
 Coverage of the Grievance
Machinery

 The scope applies to all levels of

officials and employees in the
Department of Education (DepEd),
including non-career employees whenever
applicable.
 Grievance
 This refers to a work-related
discontentment or dissatisfaction
which had been expressed verbally or in
writing and which, in the aggrieved
employee’s opinion, has been ignored
or dropped without due
consideration.
 Grievance Machinery – a system or
method of determining and finding
the best way to address the specific
cause or causes of a grievance.
 Application of Grievance
Machinery
 Non-implementation of policies,
practices and procedures on
economic and financial issues and
other terms and conditions of
employment fixed by law including
salaries, incentives, working hours, leave
benefits such as delay in the processing of
overtime pay, unreasonable withholding of
salaries and inaction on application for
leave;
 Application of Grievance
Machinery
 Non-implementation of policies,
practices and procedures on
economic and financial issues and
other terms and conditions of
employment fixed by law including
salaries, incentives, working hours, leave
benefits such as delay in the processing of
overtime pay, unreasonable withholding of
salaries and inaction on application for
leave;
 Application of Grievance
Machinery
 Inadequate physical working
conditions such as lack of proper
ventilation in the workplace, and
insufficient facilities and equipment
necessary for the safety and protection of
employees whose nature and place of
work are classified as high risk or
hazardous;
 Application of Grievance
Machinery
 Poor interpersonal relationships and
linkages;
 Protest on appointments; and
 All other matters giving rise to
employee dissatisfaction and
discontentment outside of those cases
enumerated above
 The following cases shall not be acted
upon through the grievance machinery:

 Disciplinary cases which shall be resolved

pursuant to the DECS Rules of Procedures on
Administrative Disciplinary Cases (DECS Order
No. 33, s. 1999);

 Sexual harassment cases as provided for in RA

7877; and

 Union-related issues and concerns.

 GRIEVANCE PROCEDURE
 Discussion with Immediate Supervisor
 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.
 Important Considerations
during Oral Discussion:
 The employee/aggrieved party shall be
put at ease.
 The employee/aggrieved party shall be
encouraged to talk.
 Privacy in discussion.
 The case shall be heard fully.
 Appeal to the Higher
Supervisor.
 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.
 Appeal to the Grievance
Committee.
 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.
 Appeal to the Office of the
Secretary
 If the aggrieved party is not satisfied with the
decision of the grievance committee, he/she
may elevate his/her grievance within five (5)
working days from receipt of the decision to the
Office of the Secretary through the
Undersecretary for Legal Affairs who shall make
the decision within ten (10) working days after
the grievance. Provided, however, that where
the object of the grievance is the Secretary, the
aggrieved party may bring his/her grievance
directly to the Civil Service Commission Regional
Office.
 Appeal to the Civil Service
Commission Regional Office.
 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.
 Who shall be appointed or elected as
members of the Grievance Committee?

 Only permanent officials and employees

shall be appointed or elected as members of
the grievance committee.
 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.
 Jurisdiction of Grievance
Committees.
 The School Grievance Committee shall
have original jurisdiction over grievances
of teachers and non-teaching personnel in
the school that were not orally resolved.
 Jurisdiction of Grievance
Committees.
 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.
 Jurisdiction of Grievance
Committees.
 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. .
 Jurisdiction of Grievance
Committees.
 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.
 Jurisdiction of Grievance
Committees.
 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.
 School Grievance Committee

(1) Principal or Head Teacher

(2) President of the Faculty Club
(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.
 District Grievance Committee

(1) District Supervisor/Coordinator or his/her

designated representative
(2) Principal of the school where the
grievance originated
(3) President of the District Teachers’
Association or his or her designated
representative.
 Schools Division Grievance
Committee

(1) Schools Division Superintendent or his or

her designated representative
(2) District Supervisor/Chair/Coordinator of
the district where the grievance originated
(3) The President of the Schools Division
Teachers Association or his or her
designated representative.
 Regional Grievance
Committee
(1) Regional Director or his/her designated representative
(2) Chief or Head of the Administrative Division
(3) Two (2) division chiefs to be chosen among themselves
(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*
(5) Designated Bilis Aksyon Partner.
 Department Grievance
Committee
(1) Highest official responsible for Human Resource
Management
(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.
(4) Designated Bilis Aksyon Partner.
 Responsibilities of the
Grievance Committee

 Establish its own procedures and

strategies. Membership in the grievance
committee shall be considered part of the
members’ regular duties.
 Responsibilities of the
Grievance Committee
 Develop and implement pro-active
measures or activities- to prevent grievance
such as an employee assembly which shall be
conducted at least once every quarter,
“talakayan”, counseling and other HRD
interventions.

 Minutes of the proceedings of these

activities shall be documented for audit
purposes.
 Responsibilities of the
Grievance Committee

 Conduct continuing information drive

on the Grievance Machinery among
officials and employees.
 Responsibilities of the
Grievance Committee

 Conduct dialogue between and among

the parties involved.
 Responsibilities of the
Grievance Committee

 Direct the documentation of the

grievance including the preparation
and signing of written agreements
reached by the parties involved.
 Responsibilities of the
Grievance Committee

 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.
 Responsibilities of the
Grievance Committee

 Submit a quarterly report of its

accomplishments and status of
unresolved grievances to the Civil
Service Commission Regional Office
concerned.
 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.