Implementing Guidelines on the Non-Monetary Remuneration for Overtime Services for the Lower Courts

May 10, 2007

OCA CIRCULAR NO. 48-07

 

In line with the provisions of OCA Circular No. 61-2005 dated May 18, 2005 Re: Guidelines on the Non-Monetary Remuneration for Overtime Services, the undersigned sets forth the guidelines to be observed for the lower courts: EaTCSA

I. Definition of Terms

Compensatory Overtime Credit (COC) refers to the accrued number of hours an employee earns as a result of services rendered beyond regular working hours, and/or those rendered on Saturdays, Sundays, Holidays or scheduled days off without the benefit of overtime pay.

Compensatory Time-Off (CTO) refers to the number of hours or days an employee is excused from reporting for work with full pay and benefits. It is a non-monetary benefit provided to an employee in lieu of overtime pay.

II. Guidelines

1. Lower court employees are required to render forty (40) hours of work in a week. They may be required to render overtime service in the exigency of the service when work has to be done beyond office hours due to compelling reasons and emergency situations.

2. The Presiding Judge/Executive Judge shall determine the need for overtime services, the date, time and its purpose.

3. For rendition of overtime services on weekdays, scheduled workdays, Sundays or holidays, all requests shall be made by the Presiding Judge/Executive Judge and submitted to the Supreme Court, through the Office of the Court Administrator, for approval before actual service of overtime is rendered.

4. For those rendering skeletal force on Saturdays pursuant to Administrative Circular No. 2-99, the request shall be made by the Presiding Judge, for those in the court branches; or by the Clerk of Court, for those in the Office of the Clerk of Court, and submitted to the Executive Judge for approval.

III. Computation of COCs

The COC is expressed in number of hours, computed as follows:

1. For overtime services rendered on weekdays or scheduled work days: EScAID

 COC = number of hours of overtime services x 1.0

2. For overtime services rendered on weekends, holidays or scheduled days off:

 COC = number of hours of overtime services x 1.5

IV. Accrual and Use of COCs

1. Each employee may accrue not more than forty (40) hours of COCs in a month. In no instance, however, shall the unexpired balance exceed one hundred twenty (120) hours.

2. The COCs should be used as time-off within the year these are earned. The unutilized COC should not be carried over in the ensuing year, hence, are non-cumulative.

3. The COCs shall be considered as official time for the following purposes:

3.a. Compliance with compensation rules relative to the entitlement to PERA, Additional Compensation, year-end benefits, and other benefits received on a regular basis; and

3.b. Computation of service hours for entitlement to sick and vacation leave credits, and step increment due to length of service.

V. Limitations on the Use of COCs

1. The COCs cannot be used to offset undertime/s or tardiness incurred by the lower court employee during regular working days.

2. The COCs earned cannot be converted to cash, hence, are non-commutative.

3. 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.

VI. Effect of Personnel Movement

1. In cases of resignation, retirement, or suspension from the service, the unutilized COCs are deemed forfeited. ITCHSa

2. In case of detail, secondment or transfer to another agency, the COCs earned in one agency cannot be transferred to another agency, nor could the employee receive the monetary equivalent thereof.

3. In case of promotion, except when promoted to a position not qualified to receive overtime pay under previous issuances, the employee will retain his or her accrued COC.

VII. Issuance of Certificate of COC Earned

An employee who has earned COC shall be granted a Certificate of COC earned duly approved and signed by the Chief of Office of the Office of the Administrative Services, Office of the Court Administrator (OAS, OCA). The certificate indicates the number of hours of earned COC by the employee in a month. The certificate would be issued at the end of each month.

VIII. Availment of CTO

1. The CTO may be availed of in blocks of four (4) or eight (8) hours.

2. The employee may use the CTO continuously up to a maximum of five (5) consecutive days per single availment, or on staggered basis within the year.

3. Employees who were granted COC shall request from their Presiding Judge/Executive Judge on the schedule of availment of the CTO. An Application for Leave indicating the availment of CTO should bear the recommendation of the Presiding Judge/Executive Judge, and shall be submitted to the Employees' Leave Division, OAS, OCA for approval.

IX. Procedures

The following procedures shall be observed in the rendition of overtime services and availment of Compensatory Time-Off (CTO): TCDcSE

1. The employee renders overtime services as stipulated in the approved request;

2. The Employees' Leave Division of the OAS-OCA on a monthly basis, shall prepare a summary of overtime services rendered in a month, and shall compute the equivalent COCs for the purpose of the issuance of the Certificate of COC Earned;

3. It is upon the approval by the Chief of Office of the OAS-OCA that a Certificate of COC Earned is issued to the employee entitled thereof, with the specified number of COCs earned;

4. The employees who have earned COCs shall request their Presiding Judge/Executive Judge on the schedule of availment of the CTO and shall accomplish an Application for Leave indicating the availment of CTO and the recommendation of the Presiding Judge/Executive Judge;

5. The employee avails of the CTO;

6. The Clerk of Court, on the first week of every month shall submit the DTRs/Bundy Cards of the employees, together with the Application for Leave of Absence indicating the availment of CTO of the employees concerned; and

7. In addition to the above-mentioned papers, the Clerk of Court shall accomplish and submit each month a certified listing of employees who rendered skeletal force on Saturdays pursuant to Administrative Circular No. 2-99 and who intend to avail of the non-monetary remuneration for overtime services in accordance with these guidelines.

X. Certificate of Compensatory Overtime Credit (COC)

Front

Certificate of COC Earned

This certificate entitles Mr./Ms. ______________________________ to ______________________________ (number of hours) of Compensatory Overtime Credits. ESTCHa

___________________

Date Issued: ________________

Valid Until: _________________

Back

No. of Hours of	Date	Used	Remaining
Earned COCs/	of	COCs	COCs	Remarks
Beginning Balance	CTO
_________________	_______	_______	__________	__________
_________________	_______	_______	__________	__________
_________________	_______	_______	__________	__________
_________________	_______	_______	__________	__________
_________________	_______	_______	__________	__________
Approved by:			Certified Correct:
________________________			________________________
OCA Chief of Office			SC Chief Judicial Staff Officer
Office of Administrative Services			Leave Division

 

XI. Certified Listing

List of Employees who Rendered Services on Saturdays pursuant to A.C. No. 2-99

Name of	Position	Date of	No.	Remarks
	Employee		Saturday	of
			Duty	Hours
____________	_________	_________	________	__________
____________	_________	_________	________	__________
____________	_________	_________	________	__________
____________	_________	_________	________	__________
____________	_________	_________	________	__________
Court: _______________	Certified correct:
Branch: ______________	____________________
Date: ________________	Clerk of Court

 

For the information and guidance of all concerned. TDAHCS

(SGD.) CHRISTOPHER O. LOCKCourt Administrator