Guidelines on the Grant of Hazard Duty Pay
Revenue Memorandum Circular No. 44-95 • Bureau of Internal Revenue (BIR) Issuances • Revenue Memorandum Circulars • Dec 5, 1995
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December 5, 1995 REVENUE MEMORANDUM CIRCULAR NO. 44-95 SUBJECT : Guidelines on the Grant of Hazard Duty Pay TO : All Internal Revenue Officers and Others Concerned For the information and guidance of all concerned, quoted hereunder is the National Compensation Circular (NCC) No. 76 which was issued by the Secretary of the Department of Budget and Management (DBM) on March 31, 1995: NATIONAL COMPENSATION CIRCULAR NO. 76 APPROVING THE GRANT OF HAZARD DUTY PAY 1. Purpose This Circular is being issued to provide rules and regulations to implement the pertinent provisions on Hazard Duty Pay under the annual General Appropriations Act. 2. Coverage and Exemption This Guidelines shall apply to all positions, whether permanent, temporary, casual or emergency in nature, on full-time or part-time basis now existing or hereafter created in the national government, state universities and colleges, government-owned and/or-controlled corporations and financial institutions, except those where rates of hazard duty pay benefits are specifically provided by special laws, charters or enabling acts. 3. Definition of Terms As used in this Circular Hazard Duty Pay refers to compensation premium or allowance paid to officials and employees assigned or stationed in the following work areas: 3.1 Embattled or strife-torn work areas which refer to the site of armed encounters between government troops and enemy forces and/or enemy-initiated attacks, raids or armed ambuscades as may be declared and duly certified as such by the Secretary of National Defense. It is also an area where enemy concentration/training camps are reported to exist; 3.2 Difficult/distressed/isolated work areas or hardship posts characterized by distance, inconvenience of travel due to bad roads and conditions of the terrain, isolation, inaccessibility and extreme weather conditions as may be declared and duly certified as such by the head of agency concerned; LexLib 3.3 Work areas affected by volcanic activity/eruption including subsequent flow of lahar and other pyroclastic materials as may be declared and duly certified as such by the Director of the Philippine Institute of Volcanology and Seismology; 3.4 Work areas which offer risks or danger to health and safety due to exposure to radiation, communicable/contagious/infectious diseases; explosives; combustible, dangerous, noxious odor/toxic chemicals/gas/biological hazards as may be declared and duly certified as such by the Secretary of Health and/or head of the agency concerned; 3.5 Institutions for mental health where exposure to bodily harm and risks from psychiatric patients actually exist as may be declared and duly certified as such by the Secretary of Health and/or the head of agency concerned; 3.6 Prison camps/reservations or penal colonies without adequate police protection as may be declared and duly certified as such by the Director of the Bureau of Corrections; and 3.7 Rescue operations/evacuation/rehabilitation centers and areas declared under the state of calamity or emergency by the President, where harm and danger or occupational risks or perils to life exist. 4. Guidelines 4.1 Heads of national government agencies, including government-owned and/or-controlled corporations, are hereby authorized to grant Hazard Duty Pay to their officials and employees in accordance with the rules prescribed in this Circular without the need for approval by the Department of Budget and Management (DBM). 4.2 Where more incentives are needed to attract qualified applicants to the government service, the rates authorized herein may be augmented subject, however, to the approval of the DBM. 4.3 The period of entitlement to Hazard Duty Pay shall be coterminous with the duration of the actual assignment of the official or employee in the work areas enumerated under item 3 of this Circular or with the existence of such danger or peril, but in no case shall it exceed six (6) months unless renewed and subsequent authority is granted therefor in accordance with the provisions of this Circular. 4.4 Part-time officials and employees shall receive half of the amount received by a full-time official or employee in the same situation. 4.5 Officials and employees, who due to the peculiar nature of their work, would appear to be entitled to more than one type of Hazard Duty Pay, shall be allowed to enjoy just one type of Hazard Duty Pay that is more advantageous to them. 5. Prescribed Rates The following monthly rates of Hazard Duty Pay shall be allowed for officials and employees covered under this Circular who are actually assigned or stationed in work areas which expose them to great danger, contagion, radiation, volcanic activity/eruption, occupational risks or perils to life: Period of Exposure Monthly Rates 1 to 10 days P300.00 11 to 20 days 400.00 21 to 31 days 500.00 6. Fund Source The funding sources for the amounts necessary to implement the provisions of this Circular shall be as follows: 6.1 For national government agencies, the amount shall be charged against the specific appropriation for the purpose as provided in the Personal Services Itemization. Where no funds are appropriated, the amount shall be charged against savings from release allotment for current operating expenditures provided that all authorized mandatory expenses shall have been paid first. 6.2 For government-owned and/or controlled corporations, the amount shall be charged against their respective corporate funds. 7. Resolution of Issues Cases not covered by the provisions of this Circular shall be submitted to the DBM for resolution. 8. Repealing Clause Provisions of existing circulars and other issuances which are inconsistent with the provisions of this Circular are hereby repealed/superseded or modified accordingly. 9. Effectivity This Circular shall take effect January 1, 1995. (SGD.) SALVADOR M. ENRIQUEZ, JR. Secretary of Budget and Management (SGD.) LIWAYWAY VINZONS-CHATO Commissioner of Internal Revenue NATIONAL COMPENSATION CIRCULAR NO. 76 March 31, 1996 TO : Heads of Departments, Bureaus, Offices and Agencies of the National Government, Including State Universities and Colleges; Government-Owned and/or Controlled Corporations and Financial Institutions; and All Others Concerned SUBJECT : Guidelines on the Grant of Hazard Duty Pay 1. Purpose This Circular is being issued to provide rules and regulations to implement the pertinent provisions on Hazard Duty Pay under the annual General Appropriations Act. 2. Coverage and Exemption This Guidelines shall apply to all positions, whether permanent, temporary, casual or emergency in nature, on full-time or part-time basis now existing or hereafter created in the national government; state universities and colleges, government-owned and/or controlled corporations and financial institutions, except those where rates of hazard duty pay benefits are specifically provided by special laws, charters or enabling acts. 3. Definition of Terms As used in this Circular Hazard Duty Pay refers to compensation premium or allowance paid to officials and employees assigned or stationed in the following work areas: 3.1 Embattled or strife-torn work areas which refer to the site of armed encounters between government troops and enemy forces and/or enemy-initiated attacks, raids or armed ambuscades as may be declared and duly certified as such by the Secretary of National Defense. It is also an area where enemy concentration/training camps are reported to exist; 3.2 Difficult/distressed/isolated work areas or hardship posts characterized by distance, inconvenience of travel due to bad roads and conditions of the terrain, isolation, inaccessibility and extreme weather conditions as may be declared and duly certified as such by the head of agency concerned; 3.3 Work areas affected by volcanic activity/eruption including subsequent flow of lahar and other pyroclastic materials as may be declared and duly certified as such by the Director of the Philippine Institute of Volcanology and Seismology; 3.4 Work areas which offer risks or danger to health and safety due to exposure to radiation, communicable/contagious/infectious diseases; explosives; combustible. dangerous, noxious odor/toxic chemicals/gas/biological hazards as may be declared and duly certified as such by the Secretary of Health and/or head of the agency concerned; 3.5 Institutions for mental health where exposure to bodily harm and risks from psychiatric patients actually exist as may be declared and duly certified as such by the Secretary of Health and/or the head of agency concerned; 3.6 Prison camps/reservations or penal colonies without adequate police protection as may be declared and duly certified as such by the Director of the Bureau of Corrections; and 3.7 Rescue operations/evacuation/rehabilitation centers and areas declared under the state of calamity or emergency by the President, where harm and danger or occupational risks or perils to life exist. 4. Guidelines 4.1 Heads of national government agencies, including government owned and/or controlled corporations, are hereby authorized to grant Hazard Duty Pay to their officials and employees in accordance with the rules prescribed in this Circular without the need for approval by the Department of Budget and Management (DBM). 4.2 Where more incentives are needed to attract qualified applicants to the government service, the rates authorized herein may be augmented subject, however, to the approval of the DBM. 4.3 The period of entitlement to Hazard Duty Pay shall be coterminous with the duration of the actual assignment of the official or employee in the work areas enumerated under item 3 of this Circular or with the existence of such danger or peril, but in no case shall it exceed six (6) months unless renewed and subsequent authority is granted therefor in accordance with the provisions of this Circular. 4.4 Part-time officials and employee shall receive half of the amount received by a full-time official or employee in the same situation. 4.5 Officials and employees, who due to the peculiar nature of their work, would appear to be entitled to more than one type of Hazard Duty Pay, shall be allowed to enjoy just one type of Hazard Duty Pay that is more advantageous to them. LibLex 5. Prescribed Rates The following monthly rates of Hazard Duty Pay shall be allowed for officials and employees covered under this Circular who are actually assigned or stationed. In work areas which expose them to great danger, contagion, |radiation, volcanic activity/eruption, occupational risks or perils to life: Period of Exposure Monthly Rates 1 to 10 days P300.00 11 to 20 days 400.00 21 to 31 days 500.00 6. Fund Source The funding sources for the amounts necessary to implement the provisions of this Circular shall be as follows: 6.1 For national government agencies, the amount shall be charged against the specific appropriation for the purpose as provided in the Personal Services Itemization. Where no funds are appropriated, the amount shall be charged against savings from released allotment for current operating expenditures provided that all authorized mandatory expenses shall have been paid first. 6.2 For government-owned and/or controlled corporations, the amount shall be charged against their respective corporate funds. 7. Resolution of Issues Cases not covered by the provisions of this Circular shall be submitted to the DBM for resolution. 8. Repealing Clause Provisions of existing circulars and other issuances which are inconsistent with the provisions of this Circular are hereby repealed/superseded or modified accordingly. 9. Effectivity This Circular shall take effect January 1, 1995. (SGD.) SALVADOR M. ENRIQUEZ,JR. Secretary of Budget and Management
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