Opinions and Legal Insights

Contractual Employees/Job Order vs Casual Employees in Civil Service


Contractual/Job Orders and Casual employees are two distinct employment status of workers in the government based on Civil Service Commission Memorandum Circular No. 40 (s. 1998). 
Distinctions of the two terms based on CSC Memorandum Circular Nos. 40 (s. 1998) and 17-02 (s. 2002) are as follows:

Nature of Appointment

Contractual/Job Order Employees

Casual Employees

Definition

An appointment issued to a person who shall undertake a specific job for a limited period not to exceed six (6) months.  

An appointment issued to a person to undertake essential and necessary services where there are not enough regular staff to meet the demands of the service.

Applicable Laws

Not covered by Civil Service law, rules and regulations, but covered by Commission on Audit (COA) rules.

Governed by the Civil Service Rules and Regulations.

Nature of Functions/Works

The contract covers particular services such as janitorial, security, or consultancy .

Performed functions that are essential and necessary to the services of the government agency where there are not enough regular staff to meet the demands of the service.

Specific Limitations/Prohibitions

1. The Contract of Service/Job Order  covers piece of work or intermittent job for a period not exceeding six months;

2. Services rendered under this appointment are not considered government service;

3. No employer-employee relationship with the government;

4. Those who are being hired to perform functions pertaining to vacant regular plantilla positions are prohibited from being hired under a contract of services and job order;

1. Casual employees perform functions of the regular employees;

2. Services rendered under this employment are considered government service;

3. There is an employer-employee relationship;

Benefits

1.  Contractual employees are not entitled to benefits entitled by the government employees, such as PERA, ACA and RATA.

1.  Casual employees are entitled to receive benefits enjoyed by regular employees such as PERA, ACA, RATA, mid/year-end bonuses, cash gift, clothing allowance, productivity incentive bonus, loyalty, award/pay, performance-based bonus, etc, and subject to guidelines thereof.

Leave Privileges

1. Entitled to all kinds of leave per CSC rules and  Memorandum Circulars.