Legal Rules on Hiring Job Order Personnel in Philippine Government Offices

In the Philippine bureaucracy, the hiring of Job Order (JO) personnel is a prevalent practice used to address short-term needs without expanding the permanent plantilla. However, this setup is distinct from regular government employment and is governed by specific administrative circulars rather than standard civil service laws.


1. Definition and Nature of Job Order

Under CSC-COA-DBM Joint Circular No. 1, s. 2017, Job Order refers to "piece work or intermittent job of short duration not exceeding six months on a daily or hourly basis."

Key Characteristics:

  • No Employer-Employee Relationship: Legally, there is no employer-employee relationship between the government and the JO worker.
  • Contract of Service: The relationship is governed by a contract rather than an appointment.
  • Non-Civil Service Status: JO workers are not considered government employees in the legal sense; therefore, their services are not covered by Civil Service Law and Rules.

2. Scope of Work and Limitations

Government agencies are permitted to hire JO personnel only for specific types of tasks. They cannot be hired to perform regular functions of the agency that are already assigned to permanent positions.

  • Allowable Tasks: Manual or trades services (e.g., carpentry, plumbing, electrical), emergency utility work, or highly technical/specialized tasks for a limited period where no existing staff is qualified.
  • Prohibitions: JOs are strictly prohibited from exercising control or supervision over regular employees. They should not be assigned to perform regular functions (e.g., clerical tasks, frontline services) unless there is a severe manpower shortage, and even then, only on a temporary basis.

3. Remuneration and Benefits

Because JOs are not regular employees, they do not receive the same compensation package as plantilla personnel.

  • Payment: They are paid a daily or hourly rate based on the prevailing market rate or equivalent salary grade, sourced from the agency’s Maintenance and Other Operating Expenses (MOOE) budget.

  • Exclusions: They are not entitled to:

  • 13th-month pay and mid-year bonuses.

  • Performance-Based Bonus (PBB).

  • Leave credits (Sick Leave/Vacation Leave).

  • Personnel Economic Relief Allowance (PERA).

  • Premium Pay: Under recent circulars, JO workers may be paid a premium of up to 20% of their wage to compensate for the lack of benefits, subject to the availability of agency funds.

4. Social Security and Deductions

Since there is no employer-employee relationship, the government does not automatically remit employer contributions for social benefits.

  • Voluntary Contributions: JO workers are encouraged to enroll in SSS (Social Security System), PhilHealth, and Pag-IBIG as self-employed or voluntary members.
  • Taxation: Their earnings are subject to withholding tax as "professional fees" or "income from service," depending on the total amount earned annually.

5. Transition and "End of Service"

The government has issued various directives to manage the transition of JO workers.

  • Grace Period for Renewal: Per Joint Circular No. 2, s. 2024 (and its predecessors), agencies were given a transition period to continue hiring JOs while they reorganized their staffing patterns or created new permanent positions.
  • Security of Tenure: JOs have no security of tenure. Their engagement ends upon the expiration of the contract or the completion of the specific project for which they were hired.

6. Accountability and Liability

While not subject to Civil Service disciplinary rules in the same way regular employees are, JO personnel are still bound by the terms of their contract. For matters involving corruption or crimes, they may be held liable under the Revised Penal Code and the Anti-Graft and Corrupt Practices Act (RA 3019) if they are performing public functions.


Summary Table: JO vs. Regular Appointment

Feature Job Order (JO) Regular/Plantilla
Legal Basis Contract of Service Appointment (CSC Form 33)
EE-ER Relationship None Established
Service Credit Not counted as Gov't Service Counted for Retirement/Promotion
Benefits Salary + optional 20% premium Full benefits (Bonus, Leave, PERA)
Tax Status 2% - 10% Withholding Compensation Income Tax

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.