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Section 1 Contract of Service | PDF | Employment | Justice
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Section 1 Contract of Service

The document outlines the definitions and conditions for 'Contract of Service' and 'Job Order,' which involve hiring individuals or firms for specific tasks requiring special skills, without establishing an employer-employee relationship. It clarifies that such contracts do not confer government employee benefits and that local government units can hire casual workers without Civil Service Commission approval. Additionally, it states that contracts remain valid even if not reviewed by the Commission, but services cannot be credited as government service.

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45 views2 pages

Section 1 Contract of Service

The document outlines the definitions and conditions for 'Contract of Service' and 'Job Order,' which involve hiring individuals or firms for specific tasks requiring special skills, without establishing an employer-employee relationship. It clarifies that such contracts do not confer government employee benefits and that local government units can hire casual workers without Civil Service Commission approval. Additionally, it states that contracts remain valid even if not reviewed by the Commission, but services cannot be credited as government service.

Uploaded by

Bulkan Mayon Magayon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Section 1. a.

Contract of Service - refers to the engagement of


the services of a person, private firm, non-governmental agency, or
international organization to undertake a specific work or job
requiring special or technical skills not organization in the agency to
be accomplished within a particular period not exceeding one (1)
year. The person engaged performs or accomplishes the specific
work or job under his responsibility and with minimum supervision
by the hiring agency. For purposes of this issuance, the contract of
services shall include the hiring of consultants and personnel
engaged to perform work for special projects whether funded by the
agency itself or externally funded.

b. Job Order - refers to the hiring of a worker for piece work or


intermittent job of short duration not exceeding six months and pay
is on a daily or hourly basis. It is to be understood that the piece of
work or job to be performed requires special or technical skills not
available in the agency and the same is to be accomplished under
the worker's responsibility and with minimum supervision by the
hiring agency

A contract of service or job order that does not cover special or


technical skills where the functions to be performed are clerical or
administrative in nature or where the work is also performed by the
regular personnel of the agency may be entered only when done in
the exigency of the service and it is not feasible for the agency to
hire said services under a casual or contractual appointment

In contracts of service and job orders, there exists no employer-


employee relationship between the hiring agency and the persons
hired and it should be made clear in their contracts that services
rendered thereunder can never be accredited as government
service. Furthermore, the persons hired are not entitled to benefits
enjoyed by government employees such as PERA, ACA, and RATA.

Section 2. Application to Local Government Units


(LGUs). Under Section 77 of the Local Government Code of 1991,
the local chief executive may employ emergency or casual
employees or laborers paid on a daily wage or piecework basis and
hired through job orders for local projects authorized by the
sanggunian concerned, without need of approval or attestation by
the Civil Service Commission.

The use of the terms 'approval' and 'attestation' in the above


provision is taken to mean approval or attestation of appointments.
Appointments submitted to the Commission are evaluated with
respect to its compliance with Civil Service rules and regulations and
in case of violation, the Commission disapproves the appointment.

Under Memorandum Circular No. 17 s. 2002, the Civil Service


Commission Regional Office (CSCRO) is tasked merely to review the
provisions of the contract of job order and if applicable direct the
agency concerned to delete the prohibited stipulations or make
revisions thereto. Said contract or job order is not subject to
approval a attestation as used in appoinments.

The validity of the contract of service or job order is not in any way
affected by the requirement to submit the same to the CSCRO. The
same remains valid and subsisting even if it was not subjected to
the Commission's review. However, both parties under the contract
are estopped from having said service accredited as government
service notwithstanding the existence of stipulations/provisions
which may be construed as characteristic of government service.

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