Guidelines on Secondment

July 5, 2006

CSC RESOLUTION NO. 061165

 

WHEREAS, Section 2 (1), Article IX-B of the 1987 Constitution provides that the Civil Service embraces all branches, subdivisions, instrumentalities and agencies of the Government, including government-owned or controlled corporations with original charters; STcDIE

WHEREAS, Section 12 (3), Chapter (3), Title I (A), Book V of the Administrative Code of 1987 provides that the Civil Service Commission shall promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs to promote, economical, efficient and effective personnel administration in the government;

WHEREAS, Section 12 (14), Chapter 3, Title I (A), Book V of the Administrative Code of 1987 provides that the Civil Service Commission shall take appropriate action on all appointments and other personnel matters in the Civil Service;

WHEREAS, Section 6 (c), Rule III of the Revised Omnibus Rules on Appointments and other Personnel Actions provides, among others, that secondment covers movement from one department or agency to another only and that prior approval of the Civil Service Commission has to be obtained before the secondment could be effected;

WHEREAS, the experiences of the Civil Service Commission in handling secondment cases impel the need to restudy the current rules on secondment, if only to fine tune the policy and resolve the issues and concerns that have arisen from its enforcement these past few years;

NOW THEREFORE, the Civil Service Commission, in the exercise of its rule-making and policy formulation functions, RESOLVED, as it hereby RESOLVES, to adopt the following policies and guidelines regarding secondment:

SECTION 1. Secondment may be classified as follows:

a. Inter-department secondment — movement of an employee from one department or agency to another.

b. Intra-department secondment — movement of an employee from one agency or bureau to another within the same department or attached to it for policy and program coordination.

c. International secondment — movement of an employee from one department to an international organization or body recognized by the Philippine government.

SECTION 2. The movement of the seconded employee is only temporary and may or may not require the issuance of an appointment which may either involve an increase or a decrease in compensation and benefits. DcCASI

The acceptance of secondment is voluntary on the part of the employee.

SECTION 3. Secondment shall be governed by the following general guidelines:

a. Secondment shall be limited to employees occupying managerial, professional, technical or scientific positions.

b. A Memorandum of Agreement (MOA) or contract for secondment between the parent agency and the receiving agency and concurred in by the employee shall be submitted to the Civil Service Commission (Commission) within thirty (30) days from signing of the contract for recording.

If the MOA is not submitted to the Commission, it will be reflected on the records that the employee is on leave without pay. In case the MOA is not submitted within the prescribed period, the secondment shall be made effective thirty (30) days prior to the date of submission.

The MOA shall contain the following:

i. Purpose of the secondment

ii. Terms of secondment

iii. Continuity of employment

iv. Benefits/Salaries

v. Keeping in touch

vi. Appraisal arrangement

vii. Termination of the secondment

viii. Renewal of the secondment agreement

c. A Certificate of Recognition obtained from the Department of Foreign Affairs shall be appended to the MOA if secondment is to a foreign or international institution/body recognized by the Philippine government.

d. Acceptance of scholarship by seconded employee shall terminate the secondment.

e. The seconded employee shall not be eligible for promotion during the period of his/her secondment.

f. Payment of the salaries of a seconded employee shall be borne by the receiving agency. In case of a higher compensation covered by a duly issued appointment within the Philippine government, the same may be used for computing his/her retirement benefits but not for commutation of leave credits earned in the parent agency. ACTaDH

g. Parties to the secondment contract shall agree on who should bear the burden of paying the retirement premium corresponding to the government share in the Government Service Insurance System (GSIS). In the absence of a contract stipulation, the mandatory contributions shall be deemed to be the responsibility of the receiving agency.

h. The time spent on secondment shall not affect the continuity of the employment of the seconded employee with the parent agency. He/she shall be on leave without pay in his/her parent agency for the duration of the secondment, and during such period, he/she may earn leave credits which are commutable immediately thereafter and payable by the receiving agency.

However, if the parent agency will designate or appoint an employee to the position temporarily vacated by the seconded employee, the same shall be on a substitute or contractual status co-existent with the duration of the secondment only.

SECTION 4. Unless the Memorandum of Agreement provides a different mechanism, any of the three parties may elevate to the Commission for decision issues/complaints regarding the secondment.

SECTION 5. All other issuances that are inconsistent herewith are deemed repealed or amended.

SECTION 6. These guidelines shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Quezon City, July 05, 2006.

(SGD.) KARINA CONSTANTINO-DAVIDChairman

(SGD.) CESAR D. BUENAFLORCommissioner

(SGD.) MARY ANN Z. FERNANDEZ-MENDOZACommissioner

Attested By:

(SGD.) JUDITH D. CHICANODriector IV

Published in The Manila Times on August 15, 2006.