In light of the recent discussions on contractualization in the private sector, the Civil Service Commission (CSC) is pushing for a separate law against the practice of hiring casual workers in government offices.
“I think kailangan po ng separate law, kasi pare-pareho naman ho nating gustong mabigyan sana ng proteksyon itong mga kababayan natin na na-hire through contract of service and job orders,” CSC Assistant Commissioner Ariel Ronquillo said in an interview with DZMM on Thursday.
“Kapag naman po kami ay nasabihan na mag-submit ng aming proposed bill, para ma-cover ito, tatalima naman po kami,” he added.
Ronquillo added that the rights of contractual workers differ from the rights of regular government employees because of the nature of their jobs.
He also said that the CSC has no jurisdiction over job order workers.
“In fact sa rules po natin ngayon, sa jurisprudence, kapag contract of service or job orders (employees) ay hindi considered as government employees, dahil ang relasyon mo sa gobyerno is governed not by the civil service rules but by the contract that you signed with the government,” Ronquillo said.
Ronquillo admitted however, that drafting a law against the hiring of casual workers in government service might be difficult as there is no legal basis to support it. There are concerns that the qualifications of contractual workers might not meet the standards for a government employee — which was set by CSC.
“In fact ang Supreme Court, in a recent decision, inulit po ‘yong panuntunan na hindi sila pwedeng maging automatic na empleyado ng gobyerno, just because they were hired through contract of service,” Ronquillo added.
Justify hiring job orders
CSC also reminded agencies including local government units (LGUs) that hiring casual employees must be justified why it is “reasonable and necessary”.
“Dapat iha-hire mo sila (job orders) for services that cannot be performed by regular employees of the agency. Ibig sabihin hindi sapat ‘yong organic workforce ng agency, at marami pang trabaho na dapat gawin,” Ronquillo said.
“Kung may mga available at vacant plantilla positions to do the job, dapat di ka maghire ng contract of service, dapat punuan mo yung mga positions,” he added.
When asked as to why contractual workers cannot be regularized by creating a position in a particular government agency’s plantilla, Ronquillo said that government agencies can request the Department of Budget and Management (DBM).
“You can request the DBM for the approval of additional plantilla postions in your agency,” Ronquillo said. /muf