REVISION OF THE GRIEVANCE

MACHINERY OF THE
DEPARTMENT OF EDUCATION

DepED ORDER NO. 35, S. 2004

 OBJECTIVES

As provided under the Rules of the Department,

the grievance machinery shall refer to a
workable system for determining or providing
the best way to remedy 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 order to create a work atmosphere that
is conducive to good supervisor-employee
relations and improved employee morale,
the machinery shall aim to:
1. activate and strengthen the Department’s
existing grievance machinery

2. settle grievances at the lowest level

possible in the Department; and

3. provide a catalyst for the development of

capabilities to settle disputes.
 DEFINITION OF TERMS
• GRIEVANCE –

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
• The following instances shall be acted upon
through the grievance machinery
1. Non-implementation of policies,
procedures on economic and financial
issues 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;
2. Non-implementation of policies,
practices and procedures which affect
employees from recruitment to promotion,
detail, transfer, retirement, termination,
lay-offs, and other related issues that affect
them such as failure to observe selection
process in appointment and undue delay in
the processing of retirement papers;
3. Inadequate physical conditions such as
lack of proper ventilation in the workplace,
and sufficient facilities and equipment
necessary for the safety and protection of
employees whose nature and place of
work are classified as high risk or
hazardous;
4. Poor interpersonal relationships and
linkages;

5. Protest on appointments; and

6. 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:
1. Disciplinary cases which shall be resolved
pursuant to the DECS Rules of Procedure
on Administrative Disciplinary Cases;
2. Sexual Harassment cases as provided for
in RA 7877; and
3. Union-related issues and concerns.
GRIEVANCE PROCEDURES
1. Discussion with Immediate Supervisor
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.
In the oral discussion, the following shall
be observed :
a. The employee/aggrieved party shall be
put at ease.
b. The employee/aggrieved party shall be
encourage to talk.
c. Privacy in discussion.
d. The case shall be heard fully.
e. A definite decision shall be reached.
2. 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.
3. 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 of
Legal Affairs.
4. Appeal to the Office of the Secretary

If the aggrieved party is not satisfied with

the decision of the grievance committee,
he/she may elect 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.
 5. Appeal to the Civil Service
Commission Regional Office
If the aggrieved party is not satisfied with the
decision of the 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.
GRIEVANCE COMMITTEE
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, priority, 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
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.
 School Grievance Committee
1) Principal or School Head/ 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 School Head/Head
Teacher
• 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
 District Grievance Committee
1. District Supervisor/ Coordinator of
his/her designated representative
2. Principal of the school where grievance
originated
3. President of the District Teacher’s
Association or his or her representative
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.
Schools Division Grievance Committee
1. Schools Division Superintendent or his/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
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 Division Grievance
Committee.
E. The Department 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 Regional
Grievance Committee.
 Decision of the 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 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.
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.
RESPONSIBILITIES OF THE GRIEVANCE
COMMITTEE
a. Establish its own procedures and strategies.
Membership in the grievance committee shall be
considered part of the member’s regular duties.
b. 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 interventions. Minutes of the
proceedings of these activities shall be
documented for audit purposes.
c. Conduct continuing information drive on the
Grievance Machinery among officials and
employees.
d. Conduct dialogue between and among the
parties involved
e. Direct the documentation of the grievance including
the preparation and signing of written agreements
reached by the parties involved.
f. Issue final Certification of the Final Action of the
Grievance (CFAG) which shall contain, among other
things, the history and final action taken by the
agency on the grievance.
g. Submit a quarterly report of its accomplishments
and status of unresolved grievances .
REMEMBER!
A grievance shall be resolved expeditiously
at all times at the lowest level possible.
However, if not settled at the lowest level
possible, an aggrieved party shall present
his/her grievance step by step following
the hierarchy of positions
The aggrieved party shall be assured
freedom from coercion, discrimination,
reprisal, and biased action on the
grievance.
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
The head of agency shall ensure equal
opportunities for men and women to be
represented in the grievance committee.
Thank you!
 DECISION
I. FACTS
II. ISSUE/S
III. LAW/RULES
IV. DISPOSITIVE PORTION
(Wherefore; Based on the foregoing… )
Other matters
 DECISION BASED ON AGREEMENT

FACTS: XXX
 
The parties however, reached an amicable settlement and submitted to the
Committee a compromise agreement, the terms and conditions of which are as
follows:
XXX
It appearing that the agreement is not contrary to law, morals, good customs,
public moral and public policy, the same is hereby APPROVED and ADOPTED as the
Decision of this committee.
The parties are hereby ordered to faithfully comply with the terms and
conditions of the agreement.
Done this ____ of ______________.

Signed:
_____________________
 (Committee)
 AGREEMENT

WE, ______________________ and ___________________ after discussing the issue/s concerning the both of
us hereby agree to the following:

1.We shall not threaten, intimidate, insult or harm each other physically, psychologically and emotionally;
2.We will be civil with each other and shall treat each other with respect and dignity;
3.We shall not make an issue out of the same facts that caused this concern;
4.We shall not commence any other action or proceeding involving the same issues in any committee or
agency.

That we execute this Agreement with full understanding of the implications hereof.

 Done this ____ day of ________________ 2017.

_______________________ _____________________________

  (Party 1) (Party 2)

WITNESSES:

___________________ _______________ __________________