EXISITING REGULATION

Policy and Guidelines for Contract of Servies: RESOLUTION NO. 020790

Section 1. Definitions. The terms hereunder shall be construed, as follows:

a. Individual Contract of Services/ Job Order - refers to employment described as follows:
1. The contract covers lump sum work or services such as janitorial, security, or consultancy where no
employer-employee relationship exists between the individual and the government;
And
3. The contract of services and job order are not covered by Civil Service law, rules and regulations, but
covered by Commission on Audit (COA) rules;
5. Services rendered thereunder are not considered as government service.

PROPOSED
1 The contract covers lump sum work or services such as janitorial, security, or consultancy should
have Employer-employee relationship exists between the individual and the government
3. The contract of services and job order are covered by Civil Service and Commission and Audit (COA)
law, rules and regulations.
5. Services rendered thereunder are considered as government service

JUSTIFICATION
Contractualization is prohibited under the labor code which substantially provides: when a job of a
worker is necessary and desirable to the business/ office of the employer, the worker should be regular,
however, it is continuously happening. Why this law not being implemented? It is due to politics where
Philippines are still a colony, not by Spain, not by Americans but Oligarchies. These oligarchies composed of
elites and who holds the position that have the means to execute the law. On the other hand, if it is not
executory, the state should protect the welfare of these employees under contract by amending the provision
above. Contractual employees in government should be given a chance to have Employer-Employee
relationship which primary determines the obligations and duties of both the employer and the employee but
also because the existence of such relationship vests an employee with certain rights including, employers
must pay their employees minimum wage, overtime pay, comply with wage and hour law requirements (rest
and meal periods), and provide insurance coverage for their employees such as, disability insurance, and social
security and other benefits not just gratuity pay under Administrative Order No. 2 s. 2017.

If amended, this could be the key to the ultimate success of an organization, where employees will be
more productive, more efficient, create less conflict and more loyal. Also, the other paragraph where
contractual employees should be under the rules and regulations by Civil Service Commission not just by
Commission on Audit/Labor Code in which relative to paragraph (5), Section 1, where contractual employees
shall be considered as government service because the term Civil Service according to Revised Rules on
Administrative Cases in the Civil Service (RACCS) states that, CIVIL SERVICE is the generic term which refers to
all men and women in all branches, subdivisions, instrumentalities and agencies of the Government, including
government-owned or controlled corporations with original charters.

2014-02027-MN-0
BPA 4-1
CONTRACTUALS OR JOB ORDERS