Republic of the Philippines Province of Surigao del Sur
MUNICIPALITY ! ! MARI"AT M ARI"ATA# A# -oOo-
$ce of the Municipal Ma%or &'&CUTI(& R)&R N* +, -Series of ./+01 PROVIDING THE POLICY GUIDELINES FOR THE HIRING OF PERSONNEL UNDER CONTRACT OF SERVICES/ JOB ORDER WHEREAS, the practice of hiring individuals through contract of service or job order WHEREAS, invariabl inva riably y impa impacts cts on pub public lic pers personn onnel el admi administ nistratio ration, n, notw notwiths ithstand tanding ing the fact tha thatt such contract of service or job order does not create an employment relationship; WHEREAS,, in recognition of the need to augment the LGU Marihatag’s manpower WHEREAS complement by way of outsourcing personnel services in the exigency of the service, a clear definition of the various conditions whereby employment of such job order personnel may be availed of is imperative so as to put the practice in its proper perspective given the scarce resources of the local government, in accordance with ! Memo "ircular #o $%, s$ &'%' and its implementing implementin g guideline guidelines s ; "(" )esolution #o$ '&*'+' dated - .une &''& /as circulari0ed in "(" Memorandum "ircular #o$ %+, s$ &''&1, its amendment particularly "(" M" #o$ %&, s$ &''2, the pertinent 34M and "ivil (ervice rules and regulations and the usual government rules and regulations; regulations ; NOW THEREFO THEREFORE, RE, I, ALAN A. PELENIO PELENIO , Municipal Mayor of the Municipality of Marihatag, !rovince of (urigao del (ur, by virtue of the powers vested upon me by law do hereby order5 SECTION 1. Titl$ Titl $ 6 7his order shall be referred to as the 8!olicy Guidelines for the 9iring of !ersonnel Under "ontract of (ervices: .ob rder$ SECTION !. D"i#itio#$$ D"i#itio#$ $ 6 %Co#t&'(t o" S&)i(* or %COS* refers %COS* refers to the engagement by a government agency of the services of a person to underta
1 months, and paid on a daily basis$ ?n ei eithe therr cas case, e, the con contra tracts cts or ord orders ers do no nott est estab ablis lish h an emp employ loyer* er*em emplo ploye yee e relationship, services rendered are not considered government service, and the wor
SECTION . Jo+$/F#(tio#$ to + Di&(tl Ot$o&($ 6 ?n general, hiring of personnel under individual contract of services :job order maybe a llowed for the following jobs:functions5 %$
Bor jobs that re=uire special or technical s
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Bor piece wor< or an intermittent job of short du r ation not exceeding six />1 months such as .ob rders and pay is on a daily basis, and the job to be performed is to be accomplished under the wor
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Bor jobs where the functions to be performed are clerical or administrative in nature, or where the services are ought to be performed by a regular personnel but such services are needed in the exigency of the service and it is not feasible for the agency to hire said services under a regular appointment due to budgetary constraints /. or "(1 ;
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Bor functions performed by a driver: chauffeur, a bodyguard and a utility wor
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Bor jobs re=uiring frontline and vital services in the agency concerned, as may be necessary /.1$ SECTION 0. P&oi+itio#$$ 6
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7hose who have been previously dismissed from the service due to commission of an administrative offense;
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7hose who are covered under the rules of nepotism;
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7hose who are being hired to perform functions pertaining to vacant regular plantilla positions or those functions which we r e declared redundant or no longer relevant under the approved )ationali0ation !lan;
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7hose who have reached the compulsory retirement age of sixty*five />-1 , except that of consultancy services; and
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7hose who are found to possess fa
SECTION 2. P&o)i$io#$ i# t Co#t&'(t o" S&)i($ o& Jo+ O&& $ 6 7he following provisions must be stipulated in the "ontract of (ervices or .ob rder5 %$
7hat the services cannot be performed by a regular personnel and they are necessary in the exigency of the service;
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7hat the person to be hired signified intent which was considered by the hiring agency;
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7he person to be hired possesses the education , experience or s
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7hat the person to be hired has not been previously dismissed from the service by reason of an administrative case ;
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7hat the person to be hired has not reached the compulsory retirement age of sixty *five />-1 years;
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7hat the person to be hired shall perform funct ions of a specific position for a specific period of time /to be specified: indicated1;
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7hat the compensation of the person to be hired need not corresponds to the salary grade of the position: job to be contracted out on a monthly basis , inclusive of taxes, if any, subject to accounting and auditing rules and regulat ions;
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Bor purposes of consistency and cos t*effectiveness and depending on the availability of funds, drivers:chauffeurs of the officials shall be paid the hiring rate for (G*2 , (G*- or (G*>; the compensation for other positions to be contracted out shall be based on the hiring rate of the particular salary grade, if feasible ;
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7hat the person to be hired is not entitled to benefits enjoyed by government employees such as !@)A, A"A, )A7A, and other benefits such as mid*year bonus , productivity incentive, "hristmas bonus, and cash gifts$;
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7hat the person to be hired shall be entit led to year *end bonus e=uivalent to one /%1 month compensation following the practice under !hilippine Labor Laws for the private sector;
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7hat the person to be hired has no relationship within the third degree of consanguinity or affinity with the contracting officer and the appointing authority except those holding positions of trust and confidence in accordance with "(" rules and regulations ;
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7hat the services to be rendered shall not be credited as government service and that the contract of the service and job order are not covered by the "ivil (ervice "ommission rules and regulations but covered by "A rules and r egulations;
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7hat there exists no employer*employee relationship between the hiring agency and the person hired; SECTION 3. P&o(&$ i# Hi&i#4 $ 6
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7he concerned agency head with endorsement from the Municipal 4udget fficer shall submit to the Municipal Mayor’s ffice /MM1 a re=uest for authority to hire personnel under contract of service:job order$ 7he re=uest must be supported by a justification for hiring and the statement of functions to be performed, as well as, the Annual For< !rogram of the concerned office reflecting the hiring of job order or contract of service personnel for a specific or a particular program or activity;
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9uman )esource Management ffice /9)M1 mus t be furnished with a copy of the re=uest to be able to start searching for =ualified applicants if the agency head has no recommendee:s$ ualified applicants from the active files to be considered for the position including those who are recommended by the end*user:s, shall undergo basic basic on*the*job /.71 training, if the need arises, otherwise the application shall be automatically given due course;
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!reliminary interview of the applicant by the 9)M and in*depth interview by the end * user may be conducted;
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nce the MM approves the recommendations submitted by the agency head and endorse by the 9)M, a "ontract of (ervices shall be prepared by the MM staff$ 7he prospective appointee shall be re=uired by 9)M to accomplish the !ersonal 3ata (heet Borm in triplicate copies ;
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A certification of Availability of Bunds /"AB1H and a duly signed bligation : )e=uest /4)1 must support the contract;
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(aid contract shall be endorsed to ffice of the Municipal Administrator for review prior to the signature of the appointing authority;
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?f re=uired, the prospective appointee shall be re=uested to undergo physical and medical examinations by a government medical officer to ensure fitness to the job and shall be re=uired to submit the follow ing documents5 !olice clearance, 7ax ?dentification #umber /7?#1, and !ag*ibig member Ds 3ata Borm /M3B1, if any;
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nce the contr act is signed by the appointing authority , the job*order or contract of service personnel may already assume the position$ SECTION 5. Att#'#( 6o#ito&i#4 '# P'7#t o" S'l'& i$. 6 %$ A personnel hired on a contract of service:job order shall be re=uired to report to the office observing a wor< schedule as may be re=uired by his:her immediate supervisor to be able to perform his:her assigned tas
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?t is understood that the contracted individual is expected to deliver the re=uired services:obligation as specified under the contract within the period covered ;
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As for drivers of the officials and staff drivers , they shall be entitled to meal allowance amounting to IIIIIII per day, after rendering at least three /E1 hours of service exceeding the eight /C1 hour service during wee
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Bollowing the practice under !hilippine Labor laws, the job*order or contract of service employee shall be paid year*end bonus e=uivalent to one /%1 month compensation in accordance with existing government guidelines which is determined on a year to year basis, subject to availability of funds ;
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"ontract of service or job*order personnel may be allowed to go on official local travel for the purpose of /a1 underta
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7he purpose of official local travel as herein provided shall be clearly and specifically stated in the approved travel re=uest:order which shall li
*''2 dated April %, %- and @xecutive rder #o$ &C dated March &E, &''2;
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(aid reimbursement of actual travel expenses, not to exceed the prescribed rates, including land transportation fares , shall be subject to the submission of receipts, bus tic
travels shall be made thru canvass to establish the lowest cost offered thru send*bi ll arrangement with the airline company:travel agency; +$
9e:she may be allowed to attend in*house and:or outside seminars:training programs of short duration /maximum of five /-1 days1 related to:or in connection with his:her tas<:functions, as recommended by his immediate supervisor and approved by the Local "hief @xecutive concerned, to enable him:her to be more efficient and effective in the rendition of the contracted service, provided that such attendance shall not hinder the operation of the wor
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A performance evaluation instrument shall be established by the 9)M in coordination with the Municipal Mayor’s ffice /MM1 which shall serve as basis for the renewal of the contracts of the concerned personnel;
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7he performance evaluation form shall be accomplished by the concerned unit I head and must be submitted with the corresponding recommendations to 9)M one month prior to the termination of the contract;
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)esult of the performance evaluation shall be attached to the re=uest for renewal of the contract to the appointing authority thru the concerned unit : head;
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)enewal of contract of service:job order shall be subject to availability of funds as certified by the Municipal 4udget fficer$
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@xisting contracts of services may be renewed upon favorable recommendation of the Local "hief @xecutive$ @xisting job orders shall be considered automatically renewed as of the effectivity of this @xecutive rder but their services shall end on 3ecember E%, &'%-, in which case they will be re=uired to sign a document for .ob rder every six months thereafter and until such time that a #otice of 7ermination is furnished the employee:s concerned indicating the last day of the service for purposes of payroll computation SECTION 1<. E""(ti)it$ 6 7his @xecutive rder shall ta
3one in the Municipality of Marihatag, !rovince of (urigao del (ur, !hilippines, this IIIII day of (eptember, &'%-$
ALAN A. PELENIO Municipal Mayor
