QUALIFICATION STANDARDS Re: QS for Mediator-Arbiter Position, SG-25; Number:__ 1900919 Department of Labor and Employment (DOLE) Promulgated: 98 AUG 2019 RESOLUTION The Department of Labor and Employment (DOLE) requests the Civil Service Commission's approval of the qualification standards (QS) for the Mediator-Arbiter position, SG-25, as follows: Position Education “Experience Traini [Eligibility Mediator-Arbiter Bachelor of 4 years of 24 hours of RA 1080 (BAR) Laws relevant relevant training experience The request is made in support of the DOLE’s proposed upgrading/ rectassification of the subject position from SG-25 to SG-27, which was submitted to the Department of Budget and Management (DBM), The DOLE represented that on top of the mandated functions of Mediator-Arbiters prescribed under the Labor Code of the Philippines, as amended, they also perform additional functions, as follows: “1. Prosecution of cases relative to inspected establishments’ refusal to grant access to premises and/or employment records pursuant to Article 126 of the Labor Code, as amended; “2. Drafting of compliance orders arising from inspected establishments’ violations of general labor standards, occupational safety and health standards, and other related laws, rules and regulations; and “3. Documentation and case build-up of contempt cases arising from inspected establishments’ non-compliance with —the order/resolution/decision of the Secretary of Labor and Employment or his/her authorized representatives.” ® Bawat Kawani, Lingkod Bayani WS acing, BP Roc atsean Hil 11 D@CaueRON Cay BOD) 931 TORSION OBT-TODOAOD)SBTSOND GA cepHTECgorDH WG wanrcvcgorehQS for Mediator Arbiter Poston, S25; Prior to said request, DOLE has secured from then GSC Chairperson Patricia A. Sto, Tomas, a letter dated November 23, 1994, in response to the request of then DOLE Secretary Nieves R. Confesor, acknowledging DOLE’s adoption of higher qualification standards for Mediator-Arbiter position, SG 25. Pertinent portions of said letter read as follows: “x x x the Commission interposes no objection should you require higher standards by prescribing Bachelor of Laws and RA 1080 (BAR) as the education and eligibility requirements, respectively, for Mediator Arbiter position. x xx “x xx it is requested that the CSC Regional/Field Office which covers that Department be informed of your intention to adopt such standards for subject position.” The QS for the Mediator-Arbiter position in the 1993 CSC service-wide QS Manual pursuant to CSC Memorandum Circular No. 46, s. 1993'are as follows: Position | Sector | Education Experience Training Eligibility Mediator- National | Bachelors | S years in 3zhours oF | Career Service Arbiter degree position’s training in| (Professional) (86-25) relevantto | involving management | Appropriate the job* | management and | and Eligibility for supervision supervision | Second Level Position *Efiective January 1, 1995 ~ Masteral degree in Management or any Masteral degree relevant tothe jab {CSC Resolution No, 91-1560 dated December 12, 1991) The request of then DOLE Secretary Confesor was anchored on the pertinent provisions of Section 22 (2), Chapter 5, Title I-A, Book V of Executive Order No, 292 and CSC MC No. 46, s. 1993, which respectively read: “Section 22. Qualification Standards. — x x x “(2) The establishment, administration _and_maintenance of qualification standards shall be the responsibility of the department or agency, with the assistance end approval of the Civil Service Commission and in consultation with the Wage and Position Classification Office.” (Underscoring supplied) * Policies on Qualification Standards, dated 28 October 1993 \s \OS for Masistor-Ariter Postion, S25; CSC MC No. 46, s. 1993 “1, The qualification standards prescribed in the Manual are the minimum and basic requirements of the position. Agencies, however, are not precluded from establishing higher standards for positions if deemed necessary. Where higher standards are established by an these standards shail be the operative standards for said On the other hand, then Chairperson Patricia A. Sto. Tomas issued CSC Office Memorandum No. 97, s. 1993 dated 20 December 1993 which directed the Regional Offices concerned to review and approve qualification standards, pertinent portion of which reads: oxx the Regional Office concemed is hereby directed to review and approve qualification standards for newly created positions and those which set higher standards than the minimum prescribed in the said manual.” The authority of the CSC Regional Directors under CSC Office Memorandum No. 97, s. 1993, to review and approve qualification standards for newly created positions and those which set higher standards, was implicitly withdrawn in CSC MC. No. 1, s. 19972, CSC Resolution No. 030962° dated September 12, 2003 and the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (2017 ORAOHRA), as amended, particularly Section 34, Rule Vill (Qualification Standards), pertinent portions of which read as follows: XX x “The establishment, administration and maintenance of qualification standards shail be the responsibility of the department or agency, with the assistance and approval of the Civil Service Commission. “Agencies are encouraged to set specific or higher standards for their positions, including the required competencies. These standards shail be submitted to the Commission for approval, and once approved, the agency shall uniformly and consistently adopt these in the selection and appointment of employees. The approved qualification standards shall be adopted by the Civil Service Commission in the attestation of appointments of the agency concerned.” (underscoring supplied) In the light of the foregoing and considering that the DOLE was not able to secure prior approval from the CSC-NCR to adopt higher QS for the Mediator- ? Revised Qualification Standards, dated January 24, 1997. ® Revised Policies on Qualification Standards.5 for Masistor-Ariter Postion, S6-25, Department of Labor and Empl Arbiter position (SG-25), the request of the DOLE for the issuance of a CSC Resolution approving the QS for the subject position may be given due course. WHEREFORE, the Commission RESOLVES to APPROVE the qualification standards of the Mediator-Arbiter position in the DOLE as follows: Position ‘SG | Level | Education | Experience | Training igibility Mediator | 25 2 | Bachelor of | 4 years of | 24 hours of [~ RA 1080 Arbiter Laws relevant | relevant | (Attorney) experience | training The Commission FURTHER RESOLVES that the approved qualification standards shall be the bases of the Civil Service Commission in attesting appointments and in evaluating other human resource actions for the subject position in the DOLE Copies of this Resolution shall be disseminated to the Civil Service ‘Commission Regional and Field Offices concerned, Quezon City. ALICIA dela ROSA= BALA Chairperson oY Y ror. ell unenosa se AILEEN LOURDES A. LIZADA | Commissioner Commissigher oaays sn oats B. BONIFACIO Director IV Commission Secretariat and Liaison Office SSS ommre tow