General Information · 13 Nov 2018 4

General Guidelines on the hiring of Job Order workers by LGUs

LGUs are authorized under the Local Government Code of 1991, to hire casual, job order workers, as far as Section 77 is concerned.

Specifically, Section 77 of the Code provides, to wit:

Section 77. Responsibility for Human Resources and Development. – The chief executive of every local government unit shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitutional provisions on civil service, pertinent laws, and rules and regulations thereon, including such policies, guidelines and standards as the Civil Service Commission may establish: Provided, That 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: Provided, further, That the period of employment of emergency or casual laborers as provided in this Section shall not exceed six (6) months.  (underscoring and boldfacing supplied for emphasis)

Section 76 of the Code also provides, to wit:

Section 76. Organizational Structure and Staffing Pattern. – Every local government unit shall design and implement its own organizational structure and staffing pattern taking into consideration its service requirements and financial capability, subject to the minimum standards and guidelines prescribed by the Civil Service Commission.

Thus, the Code provides autonomy and independence to LGUs in hiring its personnel.

Related: CSC-COA-DBM Guidelines on Hiring Job Order and Contract of Service Workers

Section 76 may be the reason why the rules and regulations (i.e., CSC-COA-DBM JC No. 1, s. 2017 and JC No. 1, s. 2018) issued by the national government covering job order and contract of service do not include local government units. LGUs are governed by the provisions provided in the Local Government Code.

Nonetheless, as a matter of judicious interpretation of the provisions of the Code and other existing rules and regulations, we encourage you to refer any matters requiring legal opinion to authorized government agencies.

This is especially so when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

You May Also Like: Government Agencies May Still Hire Job Order And Contract of Service Workers until 2020 — CSC, COA, DBM

error: Content is protected !!
4
0
Would love your thoughts, please comment.x
()
x