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

SIXTEENTH CONGRESS
Regular Session

: a 2452
HOUSE BILL NO. _ bee ie

Tatroduced by ANG NARS F
Representative Leah Prim

ty List
iva G. Samaco - Paquiz,

EXPLANATORY NOTE

The Philippine Constitution guarantees the right of working people to security of
tenure consistent to the Universal Declaration of Human Rights which include among other:
work as fundamental right of people.

Its, however, very alarming and unfortunate that in the entire bureaucracy, precarious
work has become pervasive. Job orders ls, contractual, contract of service, honorarium=
based employees, memorandum of agreement workers, including use of forced volunteers
proliferate in national government agencies, local government units, government owned and
controlled corporations and in local and state universities and colleges. ‘These employees are
performing not piece work, not intermittent, seasonal or project-based jobs. They are
performing necessary, essential and desirable jobs which enable the various public institutions
to fulfill their respe Their pay and working conditions are a far cry from the
decent work framework that the government has adopted.

‘ive mandates.

With the Kasambahay law now effective, the domestic workers are far more protected
and secured than the thousands of non-regular employees who are in the forefront of delivering
public goods and services

‘The government as an employer must be a model and abiding of both local and
international labor laws, covenants and standards.

It is high time we put to a stop to these exploitative and precarious types of work, give
justice to employees and restore the dignity of the women and men in the public sector

In view of the foregoing, immediate passage of this bill is earnestly sought

Honorable Leah Primitiva G. Samaco-Paquiz
ANG NARS Representative


Republic of the Phili
HOUSE OF REPR)
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

fa
cA
wo

HOUSE BILL.

NO.

Introduced by ANG NARS Party List
Representative Leah Primitiva G. Samaco - Paquiz

ACTPROVIDING FOR SECURITY OF TENURE FOR ALL NON-
REGULAR EMPLOYEES OF THE GOVERNMENT INCLUDING
AL GOVERNMENT AGENCIE =RNME)

ND COLLEGI

AND FOR OTHER RELATED eREeasS

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

Section 1. Short Title —This act shall be known as the “Security of Tenure for Government
Employees of 2013

Section 2. Declaration of Po te shall harness its human resources to cope with
the rapid economic development and population growth. Government workers, being very
important components of the State's human resources, shall be given the equal opportunity to
quality education, justice and security of tenure

Section 3. Security of Tenure for Long-Time Non-Regular Government Employees - As
used in this Act, the term “non-regular employee’ ‘efer to a rank and file employee that is
not considered permanent such as casual, contractual, memorandum of agreement, temporary,
job order, honorarium-based, volunteer and coterminous employees. Subject to the provisions
‘of the Constitution and applicable civil service laws, rules and regulations, it is hereby
mandated that all incumbent non-regular government employees who have rendered at least
two (2) years of continuous service in national government agencies, local government units,
state universities and colleges, government owned and controlled corporations and all other
government instrumentalities as of the date of approval of this Act shall be entitled to security
of tenure.

Section + Status of Covered Employees and Effective Position ~ All positions, covered by
this Act, shall be deemed necessary and/or desirable for the efficient operation of the
government. All covered employees may not be separated or terminated from the said position
except for just or lawful cause and with the due process of law

Section 5. Implementing Rules and Regulations — The Civil Service Commission, in
consultation with the public sector trade unions, and the Department of Budget and
Management, shall issue the rules and regulation necessary to implement the provisions of this
Act. Said implementing rules and regulations shall be promulgated within the ninety (90) days
after approval of this Act.

Section 6. Final Provisions- Any government employee who shall apply for entitlement to
security of tenure under the provision of this Act on the basis of false claims and/or documents
as well as any government officer or employee who will make or issue false certification,
attestations, endorsements and/or spurious documents in relation to any such application shall



sulfer the penalty of imprisonment of one (1) to three (3) years or a fine in an amount up to One
Hundred Thousand Pesos (Php100.000.00) or both, at the discretion of the judge, in addition to
perpetual disqualification from public office. Said employees may also be administratively
charge under existing civil service laws, rules and regulations

Section 7. Separability Clause- If any provision of this Act be declared invalid or
unconstitutional, the remaining provisions of this Act not otherwise affected shall remain valid
and subsisting

Section 8. Repealing Clause ~ All laws, decrees, executive orders, department or memorandum
orders and other administrative issuance or parts thereof which are inconsistent with the
provisions of this Act are hereby modified, superseded or repealed accordingly.

Section 8, Effectivity Clause~ ct shall take effect fifteen (15) days after its publication at
least two (2) newspapers of general circulation.

Approved.