The 1987 Philippine Constitution recognizes the right to security of tenure not only of workers in the private sector but also those who are in government service. It provides that: "No officer or employee of the civil service shall be removed or suspended except for cause provided by law" (Section 2, Article IX-B). The same law guarantees that State workers shall also be entitled of their right ". . . to security of tenure . . ." (Section 3, Article XIII).
Thus, the right to security of tenure applies to government employees as Section 2(1), Article IX-B of the 1987 Constitution provides that the “Civil Service embraces all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters.”
Further, Section 12(3), Chapter 3, Title I (A), Book V of the Administrative Code of 1987 provides that the Commission shall “promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs to promote economical, efficient and effective personnel administration in the government.”
Employment in the Civil Service is classified as follows:
Permanent Status. A permanent appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed/promoted, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules, and standards promulgated in pursuant thereof (CSC Rule I, Section 13), provided that a plantilla position is available.
Temporary Status. A temporary status shall be issued to a person who meets all the requirements for the position except for eligibility and that there is no other qualified candidates for the position. Temporary appointment can be issued for one year, renewable for another year.
Co-terminous. The co-terminous status may be further classified into the following:
- Co-terminous with the project
- Co-terminous with the appointing authority
- Co-terminous with the incumbent
- Co-terminous with a specific period
- The contract covers lump sum work or services;
- The job order covers piece of work or intermittent job of short duration not exceeding six months, and pay is on a daily basis;
- No employer-employee relationship exists between the individual and the government;
- The contract of service and job order are not covered by Civil Service laws, rules, and regulations but are under Commission on Audit (COA) rules; Services rendered thereunder are not considered as government service (CSC Resolution no. 020790, Section 1 a).
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