HOUSE OF REPR
RECEIVED
27 JUL 2016

DATE:

vie: _ 6:24 Ain

BY: fo

RTEISTRATION UNIT
BILLS AND INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House BILLNo, 2000

INTRODUCED BY CONGRESSMAN ALFREDO VARGAS III

EXPLANATORY NOTE

The Constitution guarantees to promote a just and dynamic social order free from
poverty through policies that promote full employment geared towards a rising standard
of living and an improved quality of life for all. As a matter of fact, the Constitution also
recognizes temporary employees of the government as part of the Civil Service and the
same also be accorded with protection as may be provided for by law.

At present, non-regular employees (a.k.a. job order personnel) are not covered by
Civil Service Regulations since the services they render are not considered part of the
government service, Also, most, if not all, of the non-regular employees in the government
do not enjoy an employee-employer relationship which excludes them from being covered
by the Labor Code. These reasons, in effect, put the non-regular personnel ina limbo ~ an
arena where exploitation is at hand. In fact, itis only the Commission on Audit who looks at
the terms and conditions of the contracts entered into by the government and the
employee.

A common practice in the government is that non-regular employees got a heavier
workload as compared to those who have plantilla items ~ probably because the regulars
nejoy a security of tenure and is made to believe that working for the government is
characterized with laid-back-ness and mediocrity. To quote one of the many job order
personnel that we have interviewed informally.

“Masaya po kami na meron kaming trabaho, ngunit
sana naman po ay bigyan din kami ng konting atensyon
ng pamahalaan, Alam naman po natin na mas marami
talagang trabaho ang ibinibigay sa amin kasi nga
baguhan daw kami, Katunayan, mas mabuti pa po ang
mga empleyado ng [mga malls], mayroon silang mga
$88 at iba pang benepisyo. Kami ho sana nasa gobyerno,
wala po kaming mga ganun.”

TATIVES


As the largest employer in the country, the government should take the lead in
ensuring that its employees are well taken care of and protected from the possible
exploitation.

The aim of this bill is to address the needs of the non-regular employees in the
government. We may not be able to provide them with permanent jobs at this time but by
giving them what is due, we can encourage more bright and young minds to (continue to)
work and with the government.

As this is a pressing social contemporary issue, the speedy passage of this bill is
earnestly sought.

LFREDO D, VARGAS III


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

2000

HOUSE BILL NO,

INTRODUCED BY CONGRESSMAN ALFREDO VARGAS III

AN ACT
GRANTING BENEFITS TO NON-REGULAR EMPLOYEES OF THE GOVERNMENT
AMENDING FOR THIS PURPOSE REPUBLIC ACT NO, 8291, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1, Declaration of Policy. ~ It is a policy of the State to promote a just and
dynamic social order free from poverty through policies that promote full employment
geared towards a rising standard of living and an improved quality of life for all.

It is also a policy of the State to protect temporary employees of the government
from any form of exploitation.

SECTION 2, Definition of Terms.- For purposes of this Act, the following terms are
hereby defined:

a, Employer refers to any of the branches, subdivisions, instrumentalities
and agencies of the Government, including local government units and
government-owned or controlled corporations with original charters.

b. Non-regular employee refers to any person directly receiving
compensation from an employer as a result of rendering services on
official time including those without employee-employer relationships.

c. Multi-purpose leave refers to a day off a regular schedule of work, this
has a monetary value of an employee's daily computation of his/her
salary.

d. Wage refers to the daily computation of a non-regular employee's
monthly salary. The following shall be the formula to be used in
determining the wage.


(monthly salary)
= daily wage
22 days

SECTION 3. Coverage . - This Act shall cover all the branches, subdivisions,
instrumentalities, and agencies of the Government, including local government units and
government -owned or controlled corporations with original charters.

SECTION 4, The following benefits be granted to all non-regular employees of the
Government:

1. Right to holiday pay . Every non-regular employee shall be paid his/her
regular daily wage computation during regular and special holidays the
employer may require an employee to work on any holiday but such
employee shall be paid a compensation equivalent to 200% of his regular
wage rate on regular holidays and 150% on special holidays;

2. Right to 13" month pay.
the annual 13" month pay.

ery non-regular employee shall be entitled to

3, Right to multi-purpose leave credits. - A non-regular employee shall be
entitled to avail of a non-cummulative leave credits of ten (10) days per
year. Monetization of these non-cumulative leave credits shall be allowed
at the end of each fiscal year, subject to availability of funds/savings of
the agency.

4, Right to membership to the National Health Insurance Program
(NHIP). All non-regular employees shall be automatic members of the
NHIP through the Philippine Health Insurance Corporation and shall be
subject to compliance with R.A, 9679.

5. Right to membership to the Home Development Mutual Fund
(HDMF)/Pag-IBIG Fund, - All non-regular employees shall be automatic
members of the HMDF/Pag-IBIG Fund and shall be subject to compliane
with R.A. 7432, as amended.

6. Right to membership to the Government Service Insurance System
(GSIS). All non-regular employees shall be automatic members of the
GSIS and shall be subject to compliance with R.A. 7432, as amended.

SECTION 5. For purposes of item number 6 of the preceding Section, Paragraph 1
Section3 R.A. 8291 is hereby amended to read as follows:


“SECTION 3. Compulsory Membership. - Membership in
the GSIS shall be compulsory for all employees receiving
compensation who have not reached the compulsory retirement
age, irrespective of employment status INCLUDING
CONTRACTUALS WHO HAVE NO EMPLOYEE-EMPLOYER
RELATIONSHIP, except members of the Armed Forces of the
Philippines and the Philippine National Police, subject to the
condition that they must settle first their financial obligation with

the GSIS{, and etuals-who-h nployee-and-employer
relationship-with the agenciesthey-serve}
"XXX

SECTION 6, Implementing Rules and Regulations, - The Civil Service Commission
and the Department of Budget and Management, in consultation with the Government
Service Insurance System, the Home Development Mutual Fund, and the Philippine Health
Insurance Corporation, shall issue within 120 days after the approval of thid Act the
necessary rules and regulations for the proper implementation of this Act.

SECTION 7. Separability Clause, - If any provision of this Act shall be declared
unconstitutional, the remainder of this Act shall remain in force.

SECTION 8. Repealing Clause, - All laws, decrees and other issuances inconsistent
with this Act is deemed repealed.

TION 9. Effectivity. - This Act shall take effect thirty (30) days after its
publication in the Official Gazette or two (2) newspapers of general circulation.

Approved,