Who are prohibited from joining collective negotiations and therefore not entitled to CNA incentives?

Executive Order No. 180 also known as the Amended Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize provides the guidelines on the right of employees to organize.

[DOWNLOAD: PDF copy of EO No. 180]

Section 2 of the EO provides that:

Section 2. Who may join employees’ organizations in the public sector. – Employees in agencies of the national government and their regional offices, attached agencies and their regional offices, state universities and colleges, government-owned and/or controlled corporations with original charters, and local government units, except as may hereinafter provided, can form, join or assist employees’ organizations, labor-management committees, work councils amd other forms of employees’ participation schemes of their own choosing for the above-stated.

Eligibility for membership in any employees’ organization shall commence on the first day of the employees’ service.

The following shall not be eligible to form, join or assist any employees’ organization for purposes of collective negotiations:

A. High level, highly confidential and coterminous employees;

B. Members of the Armed Forces of the Philippines;

C. Members of the Philippine National Police;

D. Firemen;

E. Jail Guards; and

F. Other personnel who, by the nature of their functions, are authorized to carry firearms, except when there is express written approval from management.

Hence, inasmuch as the above individuals are prohibited from joining collective negotiations, they are not entitled to CNA incentives.

As a condition, the grant of CNA incentives requires a valid and subsisting Collective Negotiation Agreement between an employees’ organization and the management.

Who are entitled to CNA Incentives then?

Pursuant to Budget Circular No. 2018-5 dated November 14, 2018, the following civilian personnel are entitled to CNA incentives of up to P25,000.00, viz:

Those who are occupying regular, contractual, or casual positions rendering services on full-time or part-time basis in national government agencies (NGAs), including SUCs, GOCCs, GFIs, , LWDs, and LGUs, whether or not covered by Republic Act (RA) No. 6758, s. 1989, specifically:

✅ Rank-and-file employees who are members of an employees’ organization accredited by the Civil Service Commission (CSC) as the sole and exclusive negotiating agent (hereinafter referred to as “negotiating agent”) in accordance with the rules and regulations issued by the Public Sector Labor Management Council (PSLMC);

✅ Rank-and-file employees who are non-members of the CSC-accredited sole and exclusive negotiating agent but want to enjoy or accept benefits under the CNA, subject to payment of agency fee to the negotiating agent in accordance with PSLMC Resolution No. 15, s. 1993; and

✅ Those who perform managerial functions.

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