Good day Sir/Madam:
Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.
Nonetheless, we would like to invite your attention to CSC and DBM Joint Circular No. 1, s. 2015 dated November 25, 2015 (Policies and Guidelines on Overtime Services and Overtime Pay for Government Employees) which reads, in part, as follows:
“3.0 General Policies on Overtime Services
“3.1 The rendition of overtime services shall be authorized only when extremely necessary, such as when a particular work or activity cannot be completed within the regular work hours and that non-completion of the same will: a) cause financial loss to the government or its instrumentalities; b) embarrass the government due to its inability to meet its commitments; or c) negate the purposes for which the work or activity was conceived.
“3.2 As a general rule, the remuneration for overtime services shall be through CTO, in accordance with the guidelines under the CSC-DBM Joint Circulars No. 2, s. 2004 and No. 2-A. s. 2005.
“3.3 The payment in cash of overtime services through Overtime Pay may be authorized only in exceptional cases when the application of CTO for all overtime hours would adversely affect the operations of the agency.
“4.0 Priority Activities that May Warrant Rendition of Overtime Services8.0 Period of Overtime Services
“8.1 As provided under Section 5, Rule XVII of the Omnibus Rules Implementing Book V of Executive Order No. 292, ‘Administrative Code of 1987,’ officers and employees of departments and agencies shall render not less than 8 hours of work a day for 5 days a week or a total of 40 hours a week, exclusive of time for lunch. Generally, such hours shall be from 8:00 in the morning to 12:00 noon and from 1:00 to 5:00 in the afternoon, except Saturdays, Sundays, and holidays. However, Section 6 thereof allows flexible work hours, subject to the discretion of the department/agency head.
“8.2 The period of overtime service in a workday for a full-time employee shall include:
“8.2.1 Those rendered beyond the normal 8 work hours on scheduled workdays or 40 hours a week, and those rendered on rest days or scheduled days off, holidays, and special non-working
days, both exclusive of time for lunch and rest;
“8.2.2 Those rendered beyond the prescribed work hours in a shift of 8 hours or more, such as in government hospitals, on scheduled workdays, and those rendered on rest days or scheduled days off, holidays, and special non-working days.
“8.2.3 Those rendered by drivers and other immediate staff of officials who are required to keep the same work hours as these officials, which are beyond 8 work hours or the prescribed work hours in a workday, and on rest days or scheduled days off, holidays, and special non-working days.
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“10.0 Limitations on Overtime Services and Overtime Pay
“10.1 Only employees who arrive on or before the start of the workday shall be allowed to render overtime work with pay, provided that at least 2 hours of overtime services are rendered.
“10.2 One-hour breaks shall be observed for breakfast, lunch, or supper and rest, and every 3 hours of continuous overtime service, or as may be necessary.
“10.3 Rendering overnight overtime service shall be resorted to only when extremely necessary. No employee shall be allowed to render overnight service for more than 2 consecutive nights, for health reasons and to ensure employee productivity.
“10.4 The period of overtime services shall not be used to offset undertime.
“10.5 Only a maximum of 12 hours of overtime services on a rest day or scheduled day off, holiday, or special non-working day, shall be compensated through Overtime Pay. Any excess over 12 hours shall be compensated through CTO.
“10.6 The total Overtime Pay of an employee in a year shall not exceed 50% of his/her total basic salary for the year.
“10.7 The total amount of Overtime Pay to be spent by an agency shall not exceed 5% of its total Personnel Services (PS) budget for a given year. Any grant of Overtime Pay in excess of the 5% limit shall be subject to approval of the DBM in accordance with existing budgeting and
accounting rules and regulations.”
CSC Memorandum Circular No. 25, s. 2019 provides that the Heads of Departments, Offices and Agencies shall have the authority to approve office working hours, provided that in the working hours, officials and employees shall render not less than a total of forty (40) hours a week for five (5) days a week, exclusive of time for lunch. However, due to the existing pandemic, and CSC Resolution No. 2000540 promulgated on May 7, 2020, the Commission adopted the Revised Interim Guidelines for Alternative Work Arrangements and Support Mechanisms for Workers in the Government During the Period of State of National Emergency Due to COVID-19 Pandemic or CSC Memorandum Circular No. 10, s. 2020 as amended by CSC Memorandum Circular No. 18, s. 2020.
Under CSC Memorandum Circular No. 18, s. 2020:
“3.0 Parameters in the Implementation of Alternative Work Arrangements:
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“f. Employees under work-from-home are not entitled to Compensatory Overtime Credit/Overtime Pay”
“3.2 Skeleton (Skeletal) Workforce
“a. During ECQ and MECQ, skeleton workforce may be allowed unless a different operational capacity is provided in agencies providing health and emergency frontline services, border control, and other critical services as identified in the IATF Omnibus Guidelines on Community Quarantine;
“b. The employees assigned as skeleton workforce, during ECQ and MECQ, shall be issued the necessary travel/office orders, in addition to the office-issued IDs for proper identification;
“c. The employees assigned as skeleton workforce during the implementation of ECQ and MECQ1 shall be entitled to Hazard Pay pursuant to the provisions of AO No. 26, s. 2020 and DBM Budget Circular No. 2020-1, s. 2020, on top of the Compensatory Overtime Credit or Overtime Pay as well as other applicable benefits, subject to the provisions of CSC-DBM Joint Circular No. 2, s. 2015 and other related civil service, budgeting, accounting and auditing rules and regulations;
“d. Agencies located in areas placed under GCQ, and MGCQ may use skeleton workforce in combination with other alternative arrangements provided that the required 40-hour workweek is complied with; and
“e. Employees assigned as skeleton workforce shall be entitled to Compensatory Overtime Credit/Overtime Pay for hours rendered beyond the normal 8 hours on scheduled workdays or 40 hours a week, and those rendered on rest days or scheduled days off, holidays, and special non-working days, both exclusive of time for lunch and rest, subject to the provisions of CSC-DBM Joint Circular No. 2, s. 2015, as amended and other related civil service, budgeting, accounting and auditing rules and regulations.
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“5.8 Agencies shall formulate their internal rules and regulations governing the alternative work arrangements they adopted and implemented in their agency. Said guidelines shall include the work arrangements of its personnel who are in transit (daily/weekly) in reporting to work and going home across areas under quarantine area (ECQ/MECQ/GCQ/MGCQ), as well as from a quarantine area to quarantine-free area and vice versa;
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“6.0 Repealing Clause
“All CSC Resolutions and other issuances which are inconsistent herewith are modified accordingly.”
We hope that we were able to answer your query.
