ORDINANCE NO. 2016-072

AN ORDINANCE SETTING THE GUIDELINES IN FIXING THE COMPENSATION OF NON-PLANTILLA PERSONNEL OF THE CITY GOVERNMENT OF NAGA:

Vice Mayor Nelson S. Legacion Councilor Mila S.D. Raquid-Arroyo Councilor Ray-an Cydrick G. Rentoy Councilor Salvador M. Del Castillo, Authors

EXPLANATORY NOTE

The promotion of the welfare of workers is a primordial mandate to any government that draws mandate from the will of the people it vows to serve. No less than the highest law of the land makes this mandate clear and unequivocal. Article II, Section 18 and Article XIII, Section 3 of the 1987 Constitution of the Republic of the Philippines affirm labor as a primary social economic force as well as guarantee full protection to the rights of workers and the promotion of their welfare. Likewise, Article II, Section 9 of the Constitution mandates the promotion of a just and dynamic order to free the people from poverty and gross inequality thereby improving quality of life for all.

In the City Government of Naga, the services of non-plantilla personnel have undoubtedly helped achieve the many great things that the City has accomplished by far and yet, due regard to what may be more in keeping with the mandates of the Constitution leaves much to be desired. Thus, if the City Government were to faithfully comply, as it should, with the mandates of the Constitution, the rationalization and setting of appropriate guidelines in the fixing of their compensation are urgent imperatives.

Be it ordained, therefore, by the Sangguniang Panlungsod of the City of Naga that:

SECTION 1. Title. This local legislative measure shall be known as the Salary Rationalization of Compensation for Non-Plantilla Personnel of the City Government of Naga.

SECTION 2. Declaration of Policy. The City Government of Naga adheres to the Constitutional provisions affirming labor’s primacy as social economic force as well as guaranteeing full protection to the rights of workers and the promotion of their welfare.

SECTION 3. Purpose. This Ordinance is enacted to declare the City Government’s recognition of the role and indispensable contribution of all workers and personnel in the City Government, both plantilla and non-plantilla, in implementing laws, managing public affairs, and ensuring the delivery of public services towards the attainment of a truly world-class, self-reliant and caring city.

SECTION 4. Coverage. This Ordinance shall cover all non-plantilla personnel of the City Government of Naga as follows:

a. Casual Employee — who is an employee appointed for services in an emergency or during peak work period or to a position which does not have regular item in the plantilla of personnel of the local government.

b. Contractual Employee — who is a person engaged to undertake a specific work or job requiring special or technical skills not available in the agency to be accomplished within a specific period not exceeding one year.

c. Job Order Worker — who is one hired for a piece of work or intermittent job for short duration not exceeding six months paid on a monthly, daily or hourly basis.

SECTION 5. Compensation for Non-Plantilla personnel. The salary for Casual Employees shall be the prescribed amount for Salary Grade 1, Step 1 of a permanent employee of the city government of Naga; provided, however, that the compensation set under any of the following situations shall be applied when applicable:

(a) The prescribed compensation for at least three Salary Grades higher if he performs teaching functions with the corresponding license under Republic Act No. 7836, otherwise known as the “Philippine Teachers Professionalization Act of 1994”;

(b) The prescribed compensation for at least two Salary Grades higher if he performs supervisory functions over non-plantilla personnel in his assigned office or department, or if he effectively recommends such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment;

(c) The prescribed compensation for at least two Salary Grades higher if the tasks officially given him requires technical skills and/or research writing; and

(d) The prescribed compensation for at least one Salary Grade higher if he is a civil service eligible.

SECTION 6. Compensation for other non-plantilla personnel. Whenever the City Government decides that the services rendered by it requires the hiring of other non-plantilla personnel such as contractual and job order worker, the compensation that shall be provided them shall be equivalent to at least the prescribed minimum wage applicable to non-agricultural establishments employing more than 10 workers in the private sector workers in the City of Naga plus one-sixth thereof.

SECTION 7. Non-diminution of compensation. Nothing in this ordinance shall be construed to eliminate or in any way diminish the salaries and benefits of Casuals, Job Order and Contractual Personnel that are being enjoyed at the time of the adoption and effectivity hereof.

SECTION 8. Compensation Review. Immediately after the effectivity of this ordinance, the City Budget Office shall review and ensure compliance with the salary provision of this ordinance.

The Human Resource and Management Office shall likewise review the tasks and responsibilities including the qualifications of casual employees in their respective offices and, within a period of sixty (60) days from effectivity hereof and in coordination with the City Budget Office, recommend to the City Mayor for endorsement to the Sangguniang Panlungsod salary adjustments of Casual Employees on the basis of the guidelines specified in Section 5 hereof.

SECTION 9. Repealing Clause. All ordinances, rules, orders and regulations or parts thereof contrary to or inconsistent with any of the provisions of this ordinance are hereby repealed.

SECTION 10. Separability Clause. If any provision of this Ordinance or the application thereon to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provisions to any person or circumstance shall not be affected thereby.

SECTION 11. Effectivity. Subject to the sixty (60)-day period provided in Section 8 hereof and to the further action that will be undertaken thereafter, all other provisions of this ordinance shall take effect immediately upon its approval.

Enacted: December 16, 2016.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL A. DE LA TORRE Secretary to the Sangguniang Panlungsod

NELSON S. LEGACION City Vice Mayor & Presiding Officer

APPROVED:

JOHN G. BONGAT City Mayor 12/22/16