13Th Month Pay Law for Contractual and Job Order Personnel

TWEENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JIL -9 P5:12 SENATE -..- S. No. - Introduced by SENATOR CAMILLE VILLAR AN ACT GRANTING 13H MONTH PAY TO CONTRACTUAL AND JOB ORDER PERSONNEL OF THE GOVERNMENT EXPLANATORY NOTE It is a declared policy of the State to affirm labor as a primary social economic force. It shall protect the rights of workers and promote their welfare (Article II,

Section 18 of the 1987 Philippine Constitution).

Also, labor rights are rooted in the Constitution, with drafters dedicating a full provision, setting forth rules and laws that are beneficial to labor, as related to in Article XIlI, Section 3, to wit: "The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making process affecting their rights and benefits as may

be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right to reasonable returns of investment, and to expansion and growth". In line with this mandate, the government must ensure equitable treatment of all individuals rendering service to the State, including those whose employment status is classified as contractual or job order. Many of these "temporary hires" have served in various government agencies and government-owned and controlled corporations (GOCCs) for several years-some even decades-performing duties and responsibilities comparable to those of regular employees. Yet, they remain ineligible for legally mandated benefits such as the 13th month pay, which is accorded to permanent government personnel. This bill seeks to grant 13th month pay to all contractual and job order personnel in government as a matter of fairness, recognition, and support-especially amid rising living costs. In view of the foregoing, the immediate passage of this measure is earnestly sought. Camlocia CAMILLE VILLAR

TWENTIETH CONGRESS OF THE) First Regular Session 25 JUL -9 P5:12 SENATE c. - S. No. _ Introduced by SENATOR CAMILLE VILLAR GRANTING 137 MONTH PAY TO CONTRACTUAL AND J0B ORDER PERSONNEL OF THE GOVERNMENT Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "13th Month Pay Law

for Contractual and Job Order Personnel".

Sec. 2. Decaration of Policy. - The State affirms labor as a primary and

social economic force. It shall protect the rights of workers and promote their welfare, regardless of their status of employment.

Sec. 3. Coverage. - This Act shall cover all government employees, regardless

of their employment status, contractual or job order personnel, provided that they have completed at least one contract (minimum of three months) with the government before July 1 of the current fiscal year, prior to the granting of the 13th month pay.

Sec. 4. Mandatory Payment of 13th Month Pay. - All government employees

regardless of their employment status, contractual or job order personnel, shall be entitled to 13th month pay every year.

Sec. 5. Minimum Amount. - The minimum amount of the 13th month

pay for contractual and job order personnel shall not be less than one-half of the monthly salary by the employee based on his/her current contract with the government.

Sec. 6. Implementing Rules. - Within sixty days from the enactment of this

law, the Department of Budget and Management (DBM) shall promulgate the guidelines for this Act.

Sec. 7. Separability Clause. - If any provision of this Act is declared invalid

or unconstitutional, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Sec. 8. Repealing Clause. - All laws, decrees, executive orders, letters of

instructions, proclamations, rules and regulations, or parts thereof inconsistent with this Act shall be deemed notified, amended, or repealed accordingly.

Sec. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its complete publication in the Official Gazette or a newspaper of general circulation. Approved,