Revised Policies on Temporary Appointments and Publication of Vacant Positions
The Civil Service Commission (CSC) issued Memorandum Circular No. 20-02 on September 23, 2002, outlining revised policies for temporary appointments and the publication of vacant positions in the Philippine government. The circular aims to enhance merit and fitness in civil service recruitment while protecting the rights of temporary appointees. Key provisions include the lack of security of tenure for temporary appointees, who may be terminated without cause and without entitlement to back wages. Additionally, all vacant positions must be published and posted for at least ten working days, with exceptions for certain confidential or technical roles. The guidelines emphasize the importance of civil service eligibility in hiring casual and contractual employees.
September 23, 2002
CSC MEMORANDUM CIRCULAR NO. 20-02
| TO | : | All Heads of Departments, Bureaus and Agencies of the National and Local Governments, including Government-Owned and/or Controlled Corporations with Original Charters |
| SUBJECT | : | Revised Policies on Temporary Appointments and Publication of Vacant Positions |
The Civil Service Commission (CSC) as the central personnel agency of the government, promulgates policies, standards and guidelines to promote merit and fitness in the recruitment and selection of officials and employees in the career service at all levels.
The Commission has noted that, there is a growing complaint relative to the issuance of temporary appointments, including the termination and replacement of temporary appointees, especially in the third level. As such, the policies governing the issuance of temporary appointments and the publication of vacant positions need to be revisited to maintain merit and fitness in the civil service and at the same time to protect the rights of government employees holding temporary appointments.
In answer thereto, the Commission has promulgated CSC Resolution No. 02-1136 dated September 5, 2002 prescribing the Revised Policies on Temporary Appointments and Publication of Vacant Positions which provides, as follows:
1. The revised policies on temporary appointments shall cover all positions in the first, second and third levels of the career service.
2. Appointees under temporary status do not have security of tenure and may be separated from the service, with or without cause. As such, they shall not be considered illegally terminated and hence, not entitled to claim back wages and/or salaries and ask for reinstatement to their positions.
3. Appointees under temporary status may be terminated without necessarily being replaced by another. Temporary appointees may also be replaced within the twelve month period by qualified eligibles or even by non-eligibles.
A 30-day written notice signed by the appointing authority shall be given to the temporary appointee prior to termination/removal or replacement.
4. Appointees to Career Executive Service (CES) positions who do not possess any CES/CSEE eligibility but who were issued permanent appointments prior to the effectivity of CSC MC No. 46, s.1993 on November 26, 1993, which require a CES eligibility for third level positions or the conversion of their positions to CES positions, enjoy vested right to the position under permanent status; provided that upon transfer or promotion to other positions which require a third level eligibility, the rules on temporary appointments shall apply.
5. Appointees to CES positions who do not possess any CES/CSEE eligibility but were issued permanent appointments after the effectivity of CSC MC No. 46, s. 1993 but prior to the promulgation of this Resolution, with or without a condition at the back of their appointments that they will not enjoy security of tenure are considered on a temporary status. They are not required to be issued new appointments except upon transfer or promotion to other positions which require third level eligibility. In such case, they will be issued temporary appointments.
6. Vacantpositions in all levelsin the career service shall bepublished in the Bulletin of Vacancies in the Civil Service or through other modes of publication. Published vacant positions shall likewise beposted in at least three conspicuous places in the agency for at least ten (10) working days. For local government units, filling of vacant positions shall be made after fifteen (15) calendar days from their posting and publication as provided under RA 7160 (Local Government Code of 1991). The following positions are exempt from the publication and posting requirements:
v Primarily confidential positions;
v Positions which are policy determining;
v Highly technical positions;
v Coterminous with the appointing authority or limited to the duration of a particular project; and
v Positions to be filled by existing regular employees in the agency in case of reorganization.
7. All government entities are enjoined to publish non-career positions such as casuals and contractuals including job orders and contracts of services.
8. All positions occupied by holders of temporary appointments shall be published and posted every six months, reckoned from the date the vacant position was last published, simultaneously with the other existing vacant positions.
9. In the appointment of casual and contractual employees, agency heads are enjoined to appoint those who possess civil service eligibilities.
All other existing Civil Service Commission issuances which are inconsistent herewith, are deemed repealed or amended.
This Memorandum Circular shall take effect fifteen (15) days after its publication in a newspaper of general circulation. *
(SGD.) KARINA CONSTANTINO-DAVIDChairpersonCivil Service Commission
Footnotes
* The Revised Policies on Temporary Appointments and Publication of Vacant Positions was published September 7, 2002 in Today.