——

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

%
HOUSE BILL. no,__ 8577

Introduced by Representative Alfredo D. 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 allt. As a matter of fact, the Constitution also recognizes
temporary employees of the government as part of the Civil Service and the same shall 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 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 in a limbo ~ an arena where
exploitation is at hand. In fact, it is 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 get a heavier
workload as compared to those who have plantilla items ~ probably because the regulars
enjoy 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 mga baguhan daw kami. Katunayan, mas
mabuti pa po ang mga empleyado ng [mga malls], mayroon
* Section 9, Article tl of the 1987 Philippine Constitution
2 Section 2, Article 1:8 of the 1987 Philippine Constitution
* Job Order employees not covered by CSC regulations, 2012. Available from: <
http://www sunstar.com.ph/pampanga/local-news/2012/12/13/iob-order-employees-not-covered-csc-
‘regulations-258052>. {11 December 2013]



silang mga SSS at iba pang benepisyo. Kami ho na nasa
gobyerno, wala po kaming mga ganun.”

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 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 for and
with the government.

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

ALYREDO D. VARBAS III


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

“
HOUSE BILL NO. 3577

Introduced by Representative Alfredo D. 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 hy 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

(a) 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 shall be granted to all non-regular employees of the
Government:

4.

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 daily wage rate on regular
holidays and 150% on special holidays;

. Right to 13% month pay. Every non-regular employee shall be entitled to the

annual 13%-month pay.

. Right to multi-purpose leave credits. A non-regular employee shall be entitled

to avail of a non-cumulative multi-purpose 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.

. 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.

. Right to membership to the Home Development Mutual Fund (HDMF)/Pag-

IBIG Fund. All non-regular employees shall be automatic members of the
HDMF/Pag-IBIG Fund and shall be subject to compliance with R. A. 7432, as
amended.

. 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 Section
3 of 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 GSISf-and

agencies they-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 this 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.

Section 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,