Question Hiring 65 years old and above as Job Order and Contract of Service

Good Afternoon,

With the released of IRR of RA 109II otherwise known as Ant-Agei Discrimination in Employment Act, is it mean that government agencies can now hire those who retire at their compulsory age into a Job Order or Contract of Service?

I hope you could shed light on us to this matter.

Thank you.

Sir:

You want to be clarified whether by reason of the passage of the Anti-Age Discrimination in Employment Act (or Republic Act 10911) an employee who has reached the compulsory retirement age of 65 could be hired under job order or contract of service.

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

For your information and guidance, Section 1, Rule XI of the Revised Omnibus Rules on Appointments and Other Personnel Actions provides, as follows:

“Sec. 1. Contracts of Services/Job Orders, as distinguished from those covered under Sec. 2 (e) and (f), RULE III of these Rules, need not be submitted to the Commission. Services rendered there-under are not considered government services.

“Sec. 2. Contracts of Services/Job Orders refer to employment described as follows:

“a. The contract covers lump sum work or services such as janitorial, security or consultancy services where no employer-employee relationship exist;

“b. The job order covers piece work or intermittent job of short duration not exceeding six months on a daily basis;

“c. The contracts of services and job orders are not covered by Civil Service Law, Rules and Regulations, but covered by COA rules;

“d. The employees involved in the contracts or job orders do not enjoy the benefits enjoyed by government employees, such as PERA, COLA and RATA. (Emphasis Supplied)

It is clear from the foregoing rule that in cases of job order or contract of service, no employer-employee relationship exists and therefore not considered as government service. In this case, one could be hired after his retirement from the service as a job order or contract of service. Thus, regardless of the passage of Republic Act 10911, one could still be hired after his/her compulsory retirement from the service as a job order or contract of service.

In addition, please be informed that the purpose of Republic Act 10911 is not merely to allow an employee who has reached the compulsory retirement age of 65 to work as job order or contract of service but, rather, to prohibit discrimination in employment on account of age and, eventually, to promote equal opportunities in employment for everyone.

We hope we have enlightened you on the matter.

Thank you.

Hi,

Thank you for your enlightenment.

However, Section 4 (d) of CSC MC 17, s. 2002 provides

Prohibition. The following are prohibited from being under job order or contract of service.

xxx

d. Those who have reached at their compulsory retirement age, except as to consultancy services.

Based on the above, I am of the view that they can be hired as consultant not as a job order or contract of service. Further, hiring them as consultant will go through the process of procurement pursuant to RA 9184.

Please let us know your view on it so we can proceed our hiring.

Your reply will mean so much to us.

God bless you.

Hi,

Thank you for your enlightenment.

However, Section 4 (d) of CSC MC 17, s. 2002 provides

Prohibition. The following are prohibited from being under job order or contract of service.

xxx

d. Those who have reached at their compulsory retirement age, except as to consultancy services.

Based on the above, I am of the view that they can be hired as consultant not as a job order or contract of service. Further, hiring them as consultant will go through the process of procurement pursuant to RA 9184.

Please let us know your view on it so we can proceed our hiring.

Your reply will mean so much to us.

God bless you.

Sir:

Thank you for replying.

You mentioned in your reply Section 4 (d) of CSC MC 17, s. 2002.

Please be informed that said CSC MC has already been repealed by CSC MC 01, s. 2007 entitled, Repeal of CSC Memorandum Circular Nos. 17 and 24, s. 2002. As such, the applicable policy on job order and contract of service is CSC MC No. 40, s. 1998 (Revised Omnibus Rules on Appointments and Other Personnel Actions). Thus, we invite your attention again to Section 1, Rule XI, CSC MC No. 40, s. 1998.

Should you need further assistance in the construction of the above-named CSC MCs we advise you to please refer such matter with the CSC Office who has the expertise in CSC Policies. Said Office is the Human Resource Policies and Standards Office (HRPSO) headed by Director IV Azcena P. Esleta with the following contacts: 1) Telephone No. - 02-951-4629; 2) Email Address - This email address is being protected from spambots. You need JavaScript enabled to view it.; and 3) Mailing Address: Human Resource Policies and Standards Office, Civil Service Commission, Batasan Hills, Diliman, Quezon City.

After having been enlightened again, we hope you can now proceed with your hiring.

Please be guided accordingly.

Hi Sir!

With the promulgation of 2017 Omnibus Rules on Appointments and Other Human Resources Action, repealing MC No. 40 s. 1998, what will be our legal basis on hiring 65 years old and above as job order and/or contract of services?

Thank you sir.


best regards,

Charlie Pagulayan
Provincial Government of Quirino