Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGTHEENTH CONGRESS
First Regular Session

House BILL No, 1398

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

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 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 tala-gang trabaho ang ibinibigay saamin kasi mga
baguhan daw kami. Katunayan, mas mabuti pa po ang mga empleyado ng
{mga malls], mayroon silang mga SSS at iba pang benepisyo. Kami ho na
nasa gobyerno, wa/a po kaming mga ganun.”

Section, Aricie lof the 1987 Philippine Constitution
+ Section 2, Article 1X8 of the 198-7 Philippine Constitution

2 Job Order employees not covered by CSC regulations, 2012. Available from:

<http://mww sunstar-eam.ph/pampanga/local-news/2012/12/13/iob-order-employees-not-covered-
«sc-regulations-258052>. [I! December 2033]


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-reg-ular 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.

‘ALFRED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGTHEENTH CONGRESS
First Regular Session

1398
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

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 ofliving 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 trom an employer as a result of rendering services on
official time, including those without employee-employer relationships

©) 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

salat

= Daily Wage.
22days ——

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.

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

Right to 13th month pay. Every non-regular employee shalll be entitled to
the annual 13tl>-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 GSJS and
shall be subject to compliance with R. A. 7 432, 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 GSIS[and

actuals: whol: ployer and-employee-relationship-with the
agencies they-serve}

"XX"

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 tl
is deemed repealed.

Act

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,