Republic of the Philippines
House of Representatines
Quezon City, Motes Manila
EIGHTEENTH CONGRESS
First Regular Session

6045

House Bill No.

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
PROVIDING FOR SECURITY OF TENURE FOR ALL JOB ORDER AND
CONTRACT OF SERVICE WORKERS OF THE GOVERNMENT WHO HAVE
RENDERED THE PRESCRIBED YEARS OF SERVICE IN THE NATIONAL
GOVERNMENT AGENCIES AND THE LOCAL GOVERNMENT UNITS AND
FOR OTHER PURPOSES

EXPLANATORY NOTE

‘The Philippine Government remains to be the largest employer in the
country with exactly 2,397,988 workers distributed geographically across the
nation, according to data from the Civil Service Commission as of May 2019.

About 669,347 or 28% of the government's total workers are under job
order and contract of service status. While the current figure is lower than the
2016 data of 31% contractual workers, contractualization remains true. Now
that the administration is continuously pushing for its abolition, it is high time
for the government to take the lead in institutionalizing the reform.

‘The Constitution also guarantees full protection to labor and promote full
employment and equal opportunities for all. It further says that the State shall
assure the rights of all workers, as they are entitled to security of tenure, humane
conditions of work, and a living wage.

Under the existing set-up, job order and contract of service workers are
hired for a short duration of not exceeding six months. They are not covered by
the Civil Service Law, rules and regulations. They do not have the benefits


enjoyed by regular government employees. There is no employer-employee
relationship, and their tenure is not considered as government service.

This Bill pushes for the regularization of all job order and contract of
service workers of the government.

In view of the foregoing, the passage of this Bill is earnestly sought.


Republic of the Philippines
House of Representatives
Quezon City, Aleten Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6045

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
PROVIDING FOR SECURITY OF TENURE FOR ALL JOB ORDER AND
CONTRACT OF SERVICE WORKERS OF THE GOVERNMENT WHO HAVE
RENDERED THE PRESCRIBED YEARS OF SERVICE IN THE NATIONAL
GOVERNMENT AGENCIES AND THE LOCAL GOVERNMENT UNITS 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. - The State 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 2. Coverage. - Subject to the provisions of the Constitution and
applicable civil service laws, rules and regulations, it is hereby mandated that
the all incumbent job order and contract of service government employees who
have rendered at least five (5) years of continuous service in the case of national
government agencies or a total of ten (10) years of continuous service in the case
of local government units as of the date of the approval of this Act shall be
entitled to security of tenure. Provided, That the said requirement of continuous
service may be waived if the service of the official /employee concerned prior to
the completion of the said years, was interrupted by not more than three (3)
years, taken cumulatively, due to either the abolition of his position,
reorganization of the office wherein he was phased out, or reduction in force:
Provided, further, That in the case of officials/employees who have been
previously employed in the same government agency in any capacity, the said
requirement of continuous service may likewise be waived if the interruption of


their service is not more than eighteen (18) months, taken cumulatively, so long
as the minimum required period is met.

SECTION 3. Status of Covered Employees and Affected Positions. - All of the
positions affected by this Act currently held by the covered employees shall be
deemed necessary and/or desirable for the efficient operation of the government
and shall be marked as co-terminus with the incumbent. All covered employees
may not be operated or terminated from the said positions except for just or
lawful cause and with due process of law nor can their positions be abolished
except when the same are vacant by their incumbents.

SECTION 4. Implementing Rules and Regulations. - The Civil Service
Commission, in consultation with the Department of Budget and Management,
shall issue the rules and regulations necessary to implement the provisions of
this Act. Said Implementing rules and regulations shall be promulgated within
ninety (90) days after the approval of this Act.

SECTION 5. Penal Provisions. - Any government employee who shall apply for
entitlement to security of tenure under the provisions 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 certifications, attestations, endorsements and/or
spurious documents in relation to any such application shall suffer the penalty
of imprisonment of one (1) to three (3) years or a fine in amount up to one
hundred thousand pesos (Php 100,000.00) or both, at the discretion of the judge,
in addition to perpetual disqualification from public office. Said employees may
also be administratively charged under civil service laws, rules and regulations.

SECTION 6. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or parts thereof contrary to, or inconsistent With this Act, are hereby
modified or repealed accordingly.

SECTION 7. Separability Clause. - If any provision of this Act is held as invalid
or unconstitutional, the remaining provisions of this not otherwise affected shall
remain valid and subsisting.

SECTION 8. Effectivity Clause. - - This Act shall take effect fifteen (15) days
following its complete publication in any national newspaper of general
circulation or in the Official Gazette.

Approved,