Forum — Salary Increase for Contract of Service (COS), Job Order workers in government
About this Forum
This forum discusses the implementation of salary increase in government agencies including local government unit; whether it is legal to not follow the current salary increase or salary schedule used by regular employees as basis for the salary of COS, JO workers.
Featured Comment/s
The new guidelines provided in Section 10.1 state that “individuals hired through COS “SHALL” be paid the prevailing market rate or a salary comparable to those holding permanent positions”.
The word “shall” when interpreting laws or rules, implies something is mandatory or obligatory in nature, as compared to the word “may” which implies something discretionary or permissive in nature.
Therefore, it is illegal for agencies not to follow this provision, even if stated otherwise in the contract. Under existing laws on contracts and obligations, any contract that contravenes existing laws is considered invalid and has no legal effect.
By Raymond Bueno