DBM Circular Letter No. 009-09, issued on June 19, 2009, reiterates the moratorium on filling vacant positions and hiring new personnel within the Executive Branch, including GOCCs and GFIs, until their Rationalization Plans are approved. It allows Department Secretaries and Agency Heads to renew existing casual and contractual personnel appointments for a limited period but prohibits the rehiring of separated personnel within five years, with exceptions for teaching and certain medical roles. The Circular outlines specific guidelines for hiring job order personnel and emphasizes strict compliance, holding responsible parties accountable for any violations. The provisions remain in effect until revoked and will take effect upon publication in a newspaper.
June 19, 2009
DBM CIRCULAR LETTER NO. 009-09
| TO | : | Heads of Departments and Agencies of the Executive Branch, Including Government-Owned and/or -Controlled Corporations (GOCCs), Government Financial Institutions (GFIs), and All Others Concerned |
| SUBJECT | : | Reiteration/Clarification of Certain Guidelines Related to the Filling of Positions/Hiring of Personnel Under Executive Order 366 |
1.0 Purpose
This Circular Letter is being issued to:
1.1 Reiterate the continuing moratorium on the filling of vacant regular/permanent/itemized positions by Departments/Agencies/GOCCs/GFIs of the Executive Branch and the hiring of new casuals/contractuals, including personnel on consultancy basis, while their respective Rationalization Plan (RP) has not yet been approved;
1.2 Extend the authority of Department Secretaries/Agency Heads to renew the appointments of personnel on casual/temporary status and the contracts of personnel under contractual/consultancy basis for a specific period;
1.3 Reiterate Department of Labor and Employment (DOLE)-Department of Budget and Management (DBM) Joint Circular No. 01-09 containing the guidelines on the hiring of personnel on a job order basis; HSAcaE
1.4 Prohibit the reappointment/reemployment/rehiring of affected personnel who opted to retire/be separated from the service under Executive Order (EO) 366 in any agency of the Executive Branch, including in GOCCs/GFIs, on a regular, contractual or casual status, and
1.5 Reiterate the guidelines on the hiring of personnel on a contract of service/job order basis by agencies whose RP has already been approved by the DBM. cDICaS
2.0 Guidelines
Moratorium on the Filling of Positions/Hiring of Personnel
2.1 The moratorium on the filling of regular/permanent/itemized positions, either through original appointment, promotion, transfer or reemployment, and the hiring of new casuals/contractuals, including personnel on consultancy basis, shall continue to be implemented in all Departments/Agencies/GOCCs/GFIs of the Executive Branch whose RP has not yet been approved by this Department, consistent with Section 7 of EO 366 and Section 13.a of its Implementing Rules and Regulations. SAaTHc
The temporary suspension shall not apply to teaching positions, medical and allied medical items in hospitals and other medical facilities servicing agency clients, as well as to uniformed positions in the Departments of National Defense, the Interior and Local Government, Transportation and Communications, and Environment and Natural Resources. However, medical and allied medical positions which primarily provide service to agency personnel are covered by the moratorium.
Authority to Renew Appointments/Contracts
2.2 Department Secretaries/Agency Heads shall be allowed to renew the appointments of personnel on casual/temporary status and the contracts of personnel under contractual/consultancy basis for the period that the Department/Agency is undergoing rationalization activities, but not to go beyond one (1) month after the approval of the agency's RP or 31 December 2009, whichever comes earlier, except those personnel whose authorized period of hiring should not go beyond 30 June 2009 and those with specific deliverables for a set timeframe, subject to pertinent budgetary, civil service, accounting and auditing rules and regulations, and the following conditions: DEScaT
a. For National Government Agencies, the funds appropriated for the purpose are sufficient and the action would not entail additional budgetary release or realignment of non-Personal Services (PS) funds to PS;
b. In the case of GOCCs, funds for the purpose shall be charged against internally-generated funds/project funds included in the Board-approved Corporate Operating Budget;
c. The maximum number of personnel whose contracts/appointments would be renewed shall not exceed the actual employees at the start of the Department/Agency's rationalization efforts, as adjusted by the DBM — authorized hiring of new/additional personnel; and aTIEcA
d. There shall be no new hiring and/or replacement of resigned/retired/separated/terminated/regularized staff.
2.3 The renewal of appointments/contracts of personnel for projects with DBM-approved staffing pattern shall be limited to the existing number of authorized positions and to the set timeframe for hiring.
Authority to Hire Job Order/Contract of Service Personnel
2.4 The hiring of job order personnel shall be consistent with the provisions of DOLE-DBM Joint Circular No. 01-09 dated 23 March 2009, which provides the implementing guidelines of EO 782 (Instituting Measures to Assist Workers Affected by the Global Financial Crisis and Temporary Filling Up of Vacant Positions in the Government) dated 10 February 2009. HaIATC
Policy on the Hiring of Personnel on Contract of Service/Job Order Basis for Agencies with Approved RP
2.5 The outsourcing of certain services (e.g., utility, building and grounds maintenance, messengerial, security and transportation/mobility) by Departments/Agencies/GOCCs/GFIs with approved RP shall be consistent with their policy on which services to outsource, as prescribed in their respective approved Plan.
Agencies, however, may explore other areas for outsourcing provided there are funds for the purpose and the action would not entail release of additional funds. Moreover, they should ensure that the hiring of personnel would contribute to the attainment of the agency's objectives and would not adversely affect the implementation of their regular programs and projects and the attainment of their work targets. aScIAC
2.6 Agencies which have coterminus with the incumbent (CTI) positions are prohibited from hiring personnel whose functions are similar to those performed by the incumbents of the CTI items.
Policy on the Rehiring of Retired/Separated Personnel
2.7 Government personnel who opted to retire/be separated from the service as a result of the rationalization efforts of their Department/Agency shall not be appointed nor hired as casuals or contractuals in any agency of the Executive Branch, including in GOCCs/GFIs, within a period of five (5) years, except in teaching positions in educational institutions and in medical and allied medical items in hospitals. Reemployment in any Branch of Government shall be considered as new entry to the civil service. DTISaH
3.0 Responsibility Clause
It shall be the responsibility of the Department Secretaries and equivalent Agency Heads to strictly implement the provisions of this Circular Letter, including the laws, rules and regulations indicated herein. In case of any violation of the same, the official authorizing such action shall be held responsible for whatever expenses the government incurred for not strictly following said issuances.
4.0 Applicability Clause
The provisions of this Circular Letter shall be applicable until revoked.
5.0 Effectivity
This Circular Letter shall take effect upon its publication in a newspaper of general circulation. AEDcIH
(SGD.) ROLANDO G. ANDAYA, JR.Secretary