Labor Rights of Contractual Instructors in State Universities: “No Work, No Pay” and Benefits (Philippine Context)

I. Why this topic matters

State universities and colleges (SUCs) keep their classrooms running with a large number of non-regular instructors—often hired per semester, per subject, or per contact hour. Their pay and benefits hinge on (a) how they are hired on paper and (b) which legal regime applies. Understanding these fault lines is essential to know what you’re entitled to—and what you’re not.

II. The three hiring labels that change everything

In SUCs, “contractual” is used loosely. Legally, it can mean very different things:

Appointed faculty on a plantilla
- Status: Permanent, Temporary, or Contractual (plantilla) under the Civil Service.
- Instrument: A CSC-attested appointment (e.g., Instructor I).
- Regime: Civil Service, DBM, COA rules (public sector personnel).
- Consequence: Considered government employees with government-paid benefits (GSIS, PhilHealth, Pag-IBIG, bonuses, leave), subject to pro-rating if part-time.
Contract of Service (COS) / Job Order (JO)
- Status: Not government employees; hired to render specific work or services.
- Instrument: Contract (service agreement), not a CSC appointment.
- Regime: General public sector rules on COS/JO, but no employer-employee relationship with the SUC for civil service purposes.
- Consequence: Professional fees or lump-sum compensation only; no government-paid benefits; no leave credits; usually “no work, no pay” per contract and deliverables.
Honorarium-based / Part-time per contact hour
- Status: May be by appointment (thus employees) or by contract (thus COS).
- Instrument & Regime: Depends on which of the two above it really is.
- Consequence: Rights track either (1) or (2) above. The label “part-time” alone doesn’t decide benefits—the instrument does.

Practical test: If you have a CSC appointment number and the SUC treats you as part of its personnel payroll, you’re on Track 1 (employee). If you sign a service contract and get paid purely on vouchers as professional fees, you’re on Track 2 (COS/JO).

III. Who governs whom?

SUCs are government instrumentalities: employment is generally under the Civil Service, not the Labor Code.
Labor arbiters/NLRC jurisdiction typically does not cover SUC personnel matters; civil service issues go to CSC, and money claims against the government go to COA.
Private HEIs are a different universe (Labor Code/DOLE, CBAs). Don’t mix the two.

IV. The “No Work, No Pay” rule—how it actually applies

A. The baseline principle

Public sector compensation follows the rule that pay is for work actually performed or for time excused by law/regulation (e.g., approved leave, official travel, quarantine rules during particular periods, etc.).
For COS/JO and purely contact-hour arrangements, the principle is typically literal: no class conducted / deliverable rendered, no pay, unless the contract:
- allows make-up classes (and you conduct them), or
- expressly treats certain cancellations as deemed-rendered, or
- provides retainers (rare in teaching).

B. Cancellations, suspensions, and force majeure

Class suspensions (e.g., typhoons, earthquakes, transport strikes) generally stop the running of contact hours. Whether you’re paid depends on your status:
- With CSC appointment (employee): You’re paid your salary; suspended classes don’t dock pay. If you’re part-time by appointment, pay is usually pro-rated monthly; institutions often require make-up to complete prescribed contact hours, but the salary itself isn’t automatically forfeited for a day’s suspension.
- COS/JO / per-hour by contract: No work, no pay usually applies unless the contract or a university policy deems the suspended session as payable or authorizes paid make-up counted as work.

C. Absences, tardiness, and substitutions

Employees (appointment): Absences are covered by leave credits (if any) and attendance rules; tardiness can be deducted following agency policy.
COS/JO: Attendance maps to deliverables; if you miss a class without an approved substitution/make-up, it’s typically unpaid and may be a breach.

D. Make-up classes & equivalent work

Many SUCs require documented make-ups for suspended or missed sessions to satisfy CHED contact-hour expectations and internal academic rules.
For COS/JO, get it in writing that make-ups count toward the same pay ceiling and clarify approval workflow (Dean → Registrar/Department Chair → HR/Accounting).

V. Benefits landscape at a glance

Key: The decisive factor is appointment vs. contract.

1) If you hold a CSC appointment (permanent/temporary/contractual plantilla)

Compensation: Salary under the Salary Standardization Law; step increments based on performance/length of service.
Leave: Vacation/Sick Leave (credit-based); Special Leave Benefits granted by law (e.g., maternity, paternity, parental, VAWC leave, etc.) under the civil service framework.
Social insurance: GSIS (retirement, survivorship, disability), PhilHealth (government share), Pag-IBIG mandatory.
Bonuses/allowances: Mid-Year Bonus, Year-End Bonus & Cash Gift, PERA, Clothing Allowance, and others as authorized and subject to DBM/COA rules; CNA incentives if you’re part of the certified employees’ union and the SUC qualifies.
Tax: Withholding tax on compensation; government-paid shares to GSIS/PhilHealth/Pag-IBIG.

Part-time by appointment typically receives pro-rated salary and pro-rated allowances/bonuses consistent with DBM rules. Some benefits (e.g., leave accrual) may also be pro-rated to actual service.

2) If you are COS/JO (service contract, not employees)

Compensation: Professional fees/lump-sum based on contact hours, outputs, or months; no step increments.
Leave: None by default. Any “leave” is unpaid unless the contract explicitly states otherwise.
Social insurance: No GSIS. You may enroll in SSS/PhilHealth/Pag-IBIG as self-employed/voluntary (at your own cost). Some SUCs facilitate PhilHealth group coverage or require proof of coverage, but the employer share is not owed by the SUC.
Bonuses/allowances: Not entitled to mid-year/year-end bonuses, PERA, clothing allowance, CNA incentives, hazard pay, or step increments.
Tax: Withholding as expanded withholding tax (professional fees), not compensation income; you shoulder your own contributions unless your contract prices them in.

VI. Overload, adviserships, committees, and “extra service”

Employees: Overload teaching or special assignments may be compensated through overload honoraria/overtime-equivalent mechanisms if authorized by DBM/COA rules and SUC policy, subject to caps and documentary requirements (approved teaching loads, time logs, certifications).
COS/JO: Anything beyond the specified deliverables generally requires an amended contract or a separate purchase/work order; otherwise, you risk unpaid work.

VII. Evaluation, non-renewal, and due process

Employees (appointment): Even if temporary/contractual on plantilla, you are covered by civil service due process in administrative cases. Non-renewal upon lapse of a temporary appointment usually does not constitute dismissal (no vested security of tenure), but disciplinary actions must observe notice and hearing.
COS/JO: Non-renewal at the end of term is contractual; there is no security of tenure. However, termination before contract expiry must follow the contract’s termination clauses and general principles of fairness and good faith.
Where to go:
- Employees: Personnel actions → CSC (for legality/discipline); money claims → COA.
- COS/JO: Unpaid fees/quantum meruit → COA (money claims against the government), or civil action if applicable under your contract’s dispute clause.

VIII. Academic disruptions and payment FAQs

Typhoon/suspension days:
- Appointment: salary unaffected; expect make-ups to complete contact hours.
- COS/JO: Unpaid unless contract/SUC policy treats them as paid or permits make-ups credited as work.
University-wide activities (e.g., foundation day):
- Appointment: paid as regular workday; class hours may be replaced by equivalent academic activities.
- COS/JO: Pay depends on whether the contract counts equivalent activities; get written approval.
Student-caused cancellation (e.g., majority absent):
- Appointment: typically paid; department may require learning modules or asynchronous work.
- COS/JO: Usually no pay unless you conduct an approved equivalent session.
Asynchronous instruction:
- Always align with approved syllabi and contact-hour equivalency rules; secure documented proof (LMS logs, deliverables).

IX. Documentation that protects you

For employees (appointment):
- Copy of CSC appointment, notice of salary, workload form, detailed teaching schedule, approved make-up class forms, DTR/time records or faculty timekeeping equivalent.
For COS/JO:
- Signed contract specifying rate per hour/course, make-up class treatment, what happens during suspensions, payment schedule, and how outputs are accepted; acceptance reports per period; certification of services rendered; billing and official receipts.
For all:
- Keep emails/memos on suspensions and make-ups, LMS records, and class attendance. These are crucial for COA post-audit and to unlock payment.

X. Unions, CNAs, and voice in policy

In SUCs, recognized unions for employees may negotiate Collective Negotiation Agreements (CNAs) that yield CNA incentives and local policies on workload and make-ups (subject to DBM/COA ceilings).
COS/JO are not part of the civil service workforce for CNA purposes, but you can still organize for policy advocacy at the board/academic council levels and seek uniform treatment on make-ups and rate setting.

XI. Rate-setting and equal pay concerns

SUC Boards and HR/Finance typically fix standard per-hour rates for part-time teaching by rank/qualification. For COS/JO, rates are contractual but should be consistent and defensible in audit (qualification, market comparators, scarcity of field).
If you suspect disparate rates without rational basis, raise the issue through department, HR, or grievance machinery; for appointed faculty, you may also channel it via the employees’ union.

XII. Quick rights map

If you have a CSC appointment (even part-time):
- Paid salary regardless of day-to-day class suspensions; make-ups to complete contact hours.
- GSIS, PhilHealth, Pag-IBIG with employer share.
- Leave credits and statutory leaves per civil service rules.
- Bonuses/allowances per DBM (pro-rated if part-time/partial-year).
- Grievances via CSC; money claims via COA.
If you are COS/JO (service contract):
- No work, no pay unless the contract says otherwise or permits paid make-ups.
- No GSIS/leave/bonuses; you shoulder SSS/PhilHealth/Pag-IBIG as self-employed/voluntary.
- Payment requires acceptance reports and audit-ready documentation.
- Disputes: follow your contract’s dispute clause; money claims against the SUC go to COA.

XIII. Practical negotiation checklist (before you sign)

Status clarity: Is this a CSC appointment or a service contract? Ask for the document.
Rate basis: Hourly? Per subject? Per semester? Include prep time or not?
Cancellations: Typhoon/holiday/university events—paid or make-up? Who approves?
Asynchronous equivalency: What proof counts? Are modules/LMS work recognized as contact hours?
Payment schedule: Dates, documentary requirements, and who signs your acceptance.
Add-ons: Adviserships, thesis panels, committees—covered or separate honoraria?
Tax and contributions: How will withholdings be handled? Are you priced gross or net of taxes?
Early termination: Grounds, notice, and pay for work done.
Dispute forum: COA/civil court/mediation clause.
Tools and IP: Access to LMS, course materials ownership, reuse rights.

XIV. Bottom line

In SUCs, your rights to pay during suspensions and to benefits do not turn on the word “contractual” alone. They turn on what you actually signed: appointment (employee) vs service contract (COS/JO).
“No work, no pay” is the default for COS/JO and many per-hour arrangements, tempered only by explicit contract or SUC policy allowing paid make-ups or deeming certain disruptions as compensated.
For appointed instructors—even if part-time—salary and government benefits follow civil service and DBM rules, typically pro-rated, with make-ups used to satisfy academic contact-hour requirements rather than to determine whether you’re paid at all.

XV. Final guidance (actionable)

Get your status in writing and keep copies of appointments/contracts.
Insist on explicit clauses for suspensions, make-ups, asynchronous work, and extra duties.
Document everything (class logs, LMS, approvals).
Route disputes correctly: CSC for personnel actions (employees), COA for money claims, contract remedies for COS/JO.
Price your contract to reflect self-funded social insurance if you’re COS/JO.
Coordinate early with your department on make-ups to avoid delayed or disallowed payments.

This article provides general legal information for the Philippine public sector higher-education context. For specific cases, consult your SUC’s HR/Legal and consider independent counsel.