Guidelines on the Observation of Philippine and Host Country's Holidays in the Philippine Foreign Service Posts

July 1, 2013

DFA DEPARTMENT ORDER NO. 15-13

GUIDELINES ON THE OBSERVATION OF PHILIPPINE AND HOST COUNTRY'S HOLIDAYS IN THE PHILIPPINE FOREIGN SERVICE POSTS

SECTION 1. Legal/Regulatory Directives. —

In line with Republic Act 9492 or the Act Rationalizing the Celebration of National Holidays and other Philippine laws on holidays, and the practice based on the principle of international comity commitment to respect holidays in host countries of Foreign Service Posts and Regional Consular Offices.

In accordance with Joint Circular No. 2, series of 2004 dated 4 October 2004 of the Civil Service Commission (CSC) and the Department of Budget and Management (DBM), providing for non-monetary remuneration for overtime services rendered.

SECTION 2. Observance of Holidays and Exigencies in the Service. —

Exigencies in the service, such as urgent ATN or consular requests and other cases where time is of the essence, shall take precedence over the observance of holidays in the Home Office, RCOs and FSPs and personnel whose services are critical to the expeditious resolution of emergency cases may be compelled to work during such holidays.

All FSPs shall maintain hotline numbers that may be contacted by the public in case of emergencies during holidays. Information on the hotline numbers and holidays to be observed by FSPs shall be disseminated to the concerned government offices and to the local community in the host country. Advance notice on holidays shall be displayed prominently at the premises of the FSPs. ECTIcS

All FSPs shall establish a communication plan with regard to disseminating information on the list of holidays. These include advisories in Post's website, email brigade particularly with focal points in various communities, relaying the information when meeting local communities and through advertisement in media and print ads.

All FSPs shall submit to the Department their respective hotline numbers and the list of the local holidays in the host country at the start of the year.

SECTION 3. Religious and Cultural Practice of Personnel. —

The Department respects the religious and cultural practices of all personnel in the Home Office, RCOs and FSPs, including religious holidays under special laws of the Philippines. Absences during religious holidays shall not be deducted from the leave credits of the concerned personnel.

SECTION 4. Holiday Pay and Compensation for Work During Holidays. —

Employees who render work on Saturdays, Sundays and Holidays may be entitled to avail of Compensatory Time-Off (CTO). CTO refers to the numbers of hours or days an employee is excused from reporting for work with full pay and benefits. It is a non-monetary benefit given to an employee in lieu of overtime pay for services rendered after the regular working hours including Saturdays, Sundays and Holidays. CTO may be availed of either in a minimum of four (4) hours, equivalent to half-day, or eight (8) hours.

Under CSC Resolution No. 041317 dated 25 November 2004 which deals with the Policies for Availing CTO, Compensatory Overtime Credits (COCs) refer to the accrued number of hours an employee earns as a result of services rendered after the regular working hours including Saturdays, Sundays and Holidays without the benefit of overtime pay. The COCs earned are non-commutative and non-cumulative; thus, they cannot be converted to cash or added to the regular leave credits of the employees. The COCs will not be added to the regular leave credits of the employee. Hence, it is not part of the accumulated leave credits that is paid out to the employee.

The Holiday pay and compensation for work during holidays of personnel in the Home Office, RCOs and FSPs, except locally-hired personnel of FSPs, shall be granted in accordance with civil service laws, rules and regulations.

FSPs shall observe the relevant labor laws, rules and regulations of their respective host countries requiring compensation for holidays and for work rendered during holidays by locally-hired personnel.

SECTION 5. Incentives for Personnel Working on Holidays. —

Services rendered in the Home Office, RCOs and FSPs during holidays may be rewarded with commendation and other forms of recognition and incentives subject to civil service laws, rules and regulations.

SECTION 6. Commemorative Activities During Holidays. —

Participation in activities commemorating historical landmarks that foster patriotism and unity shall be enjoined.

SECTION 7. Repealing Clause. —

All Department Orders, Office Orders and Circulars or parts thereof that are inconsistent with the provisions of this Order are hereby repealed or amended accordingly.

SECTION 8. Separability Clause. —

If any part of this Order is declared contrary to law or unconstitutional by competent authority, the other parts not covered by such declaration shall remain in full force and effect.

SECTION 9. Effectivity. —

This Department Order shall take effect fifteen (15) days from the filing thereof with the Office of the National Administrative Register (ONAR) of the UP Law Center. cEHSTC

Pasay City, July 1, 2013.

(SGD.) ALBERT F. DEL ROSARIOSecretary of Foreign Affairs