COA tells Bacolor LGU contractual workers deserve permanent positions

MANILA, Philippines – The Commission on Audit called the attention of both the executive and legislative departments of the local government of Bacolor town in Pampanga province for their inclination to tap job order (JO) or contractual hires.

COA’s 2022 audit report of the Bacolor LGU (local government unit) noted that these contractual hires were performing jobs supposed to be assigned to regular personnel.

The state auditors said that the JO workers have been serving Bacolor municipal hall for a long period of time but were deprived of the benefits due regular employees, including security of tenure as part of the civil service.

There were no issues on competence of the temporary hires or the need for their service since the Bacolor LGU has consistently renewed their contracts. In fact, a number of the JOs have long years of service.

COA warned that this practice was contrary to the Joint Memorandum Circular No. 1, series of 2017 issued by the Civil Service Commission (CSC), the COA, and the Department of Budget and Management (DBM).

“These personnel performed the functions of regular employees such as collection, preparation of reports, and other office-related clerical works contrary to the above-mentioned circular,” auditors said.

The law provides that the public agencies may only hire contract-of-service and JO workers for janitorial, security, or consultancy. The law requires that there should be no employer-employee relationship between the said contractuals and the government agency. The JO workers are supposed to be paid on a daily basis and their contract must not exceed six months.

The state auditors found out that there were contractuals assigned in the municipal treasurer’s office, accounting office, engineering office, business license and permit division, human resource management office, assessor’s office, and budget office.

“It is a known fact that most accountable officers who were employed by the different offices of the government are regular permanent employees who enjoy the security of tenure and whose benefits and allowances were duly accorded for by law,” COA said.

Meanwhile, COA also questioned why the Bacolor Sangguninang Bayan (SB) could not provide payroll documents to support the hiring of JO personnel.

In particular, COA cited that the SB has ignored reminders of the municipal policy on the use of biometrics to verify JO hires attendance. COA added that workers in the executive department have complied with the biometric system.

“Verification of monthly payrolls of job order personnel disclosed that the JOs assigned at the legislative department continuously failed to use the biometrics despite reminder by the Human Resource Division,” the audit team said.

The state auditor also added that the legislative department has failed to submit accomplishment reports. These performance evaluations were needed to justify the necessity of hiring contractuals.

“The failure of the legislative department to strictly require their employees to abide by the rules …is a poor reflection on their part as the department in charge of drafting and issuing various resolutions and ordinances to be implemented,” said COA.

By repeatedly renewing the JO contracts, COA said the Bacolor LGU deprived the workers of just compensation for the responsibilities assigned to them.

The COA also cited Section 77 of RA No. 7160 or the Local Government Code of 1991 which states the chief executive or the municipal mayor responsible for human resources and development. The same provision, also mandated that hiring emergency or casual laborers should not exceed six months. – Rappler.com