Section 9(f), Rule IV, 2017 Omnibus Rules on Appointment and Other Human Resource Actions (2017 ORAOHRA) defines contractual employees as:
f. Contractual — an appointment issued to a person whose employment in the government is in accordance with a special contract to undertake local or foreign-assisted projects or a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period. The inclusive period of the contractual appointment shall be indicated on the face of the appointment for purposes of crediting services.
Contractual appointments are limited to one year, but may be renewed every year, based on performance, until the completion of the project or specific work. However, if the performance of the appointee is below satisfactory or where the funds have become insufficient or unavailable, the appointing officer/authority may terminate the services of, or replace, the appointee after giving the latter a notice at least 30 days prior to the date of termination of appointment.
Employees under contractual appointment must meet the education, training and experience requirements of the positions as proposed by the respective Agency Heads and approved by the Commission. Pending the submission and approval of the agency qualification standards, the qualification requirements provided under the CSC Qualification Standards Manual shall be used as bases in the attestation of these contractual appointments.
Eligibility is not required for appointment, except those whose duties involve the practice of a profession regulated by the Philippine Bar/Board or special laws and/or require licenses such as those positions listed under Category IV of CSC MC No. 11, s. 1996, as amended, but preference should be given to civil service eligibles.
The appointee shall perform the work or job under his/her own responsibility with minimal direction and supervision from the employing agency.
In no case shall a contractual appointment be issued to fill a vacant plantilla position or a contractual employee perform the duties and responsibilities of the vacant plantilla position.
Moreover, Section 10(e) further defines contractual status of teachers as:
e. Contractual – an appointment issued to an appointee who shall teach specialized subjects in secondary education on part-time basis. The inclusive period shall be indicated on the appointment for purposes of crediting services.
Appointees to contractual teaching positions for specialized subjects shall not be required to possess RA No. 1080 (Teacher) eligibility.
On the other hand, CSC-COA-DBM Joint Circular No. 1, s. 2017 refers to Contract of Service as the engagement of the services of an individual, private firm, other government agency, non-governmental agency, or international organization as consultant, learning service provider or technical expert to undertake special project or job within a specific period.
Moreover, Item 6.2 of the said Circular further provides for the rule on individual contract of service, to wit:
Government agencies may enter into contract of service with individuals as consultants/contractors subject to the following guidelines:
6.2.1 The term of contract between the agency and the individual contractor shall be for a maximum period of one year, renewable at the option of the Head of the procuring entity, but in no case shall exceed the term of the latter.
6.2.2 Engaging the services of individual contractor shall be subject to pertinent provisions of RA No 9184 and its implementing guidelines, as applicable, and the existing budgeting, accounting, and auditing rules and regulations.
