Tuesday, June 23, 2009

The long-awaited SSL3 - NOW NA!


The President, before leaving for an official visit to Japan on June 17th, signed two (2) very important issuances: Joint Resolution No. 4 and Executive Order No. 811. Both issuances dwell on the same subject matter - the Modified Compensation and Position Classification System commonly referred to as SSL 3.

Joint Resolution No. 4 is the the duly enacted harmonized version (after having gone through the Congressional bicameral conference committee) of Joint Resolution No. 36 of the House of Representatives and Joint Resolution No. 26 of the Senate. EO No. 811, on the other hand, implements the first tranche of the rounds of salary increases authorized under JR No. 4.

Four-gives starting July 1st for NG personnel. This means national government personnel are already assured of the first tranche of their pay hike starting July 1st this year. EO 811 has prescribed a salary schedule for this. The salary differential is computed: adjusted salary rate in the modified salary schedule (same grade, same step) minus salary rate as of June 30, 2009 divided by 4.

Why January 1, 2010 for LGU personnel? The sponsorship speech of Senator Angara on the Senate version of the joint resolution revealed that local officials themselves lobbied before Congress for the deferment of the implementation of SSL 3 to January 1st of 2010.

The details of how EO 811 will be implemented shall be spelled out by the DBM in the corresponding budget circulars.

7 comments:

Watashi said...

Any news regarding the guidelines for the implementation of JR 4?

Poncet said...

DBM is in the process of finalizing the Circulars to implement JR 4.

pbo ng bayan said...

SENATE AND HOUSE OF REPRESENTATIVES JOINT RESOLUTION NO. 4, S.2009 IS UNCONSTITUNAL


WE APPEAL TO MY CO-EMPLOYEES OF THE LOCAL GOVERNMENT UNITS IN THE ENTIRE COUNTRY TO JOIN HANDS TO QUESTION BEFORE THE SUPREME COURT THE VALIDITY OF SENATE AND HOUSE OF REPRESENTATIVES JOINT RESOLUTION NO. 4, PARTICULARLY ITS PROVISION THAT JANUARY 1, 2010 (NOT JULY 1, 2009 AS THE NATIONAL GOVERNMENT PERSONNEL) SHALL BE THE EFFECTIVITY DATE ¬ OF THE MODIFIED COMPENSATION AND POSITION CLASSIFICATION SYSTEM FOR LOCAL GOVERNMENT OFFICIALS AND EMPLOYEES. LET US FIND FOR US A GOOD LAWYER/S WHO COULD HELP BRING IMMEDIATELY THE ISSUE BEFORE THE SUPREME COURT.

THIS JOINT RESOLUTION NO 4, S. 2009 VIOLATED SECTION IX-B OF THE PHILIPPINE CONSTITUTION, WHICH STATES THAT CONGRESS SHALL PROVIDE STANDARDIZATION OF COMPENSATION OF GOVERNMENT OFFICIALS AND EMPLOYEES, BY PROVIDING FOR TWO (2) EFFECTIVITY DATES, JULY 1, 2009 FOR NATIONAL GOVERNMENT EMPLOYEES AND JANUARY 1, 2010 FOR LOCAL GOVERNMENT UNIT EMPLOYEES. IN ACCORDANCE WITH THE PROVISIONS OF THIS JOINT RESOLUTION, EXECUTIVE ORDER NUMBER 811, DATED JUNE 17, 2009, WAS ISSUED ADOPTING THE FIRST TRANCHE OF THE MODIFIED SALARY SCHEDULE WHICH SHALL TAKE EFFECT JULY 1, 2009 FOR NATIONAL GOVERNMENT EMPLOYEES BUT JANUARY 1, 2010 FOR LOCAL GOVERNMENT PERSONNEL PER SECTION THEREOF.

THIS JOINT RESOLUTION NO 4, S. 2009 ALSO VIOLATED SECTION 1 OF ARTICLE III - BILL OF RIGHTS OF THE PHILIPPINE CONSTITUTION WHICH STATES THAT NO PERSON SHALL BE DENIED EQUAL PROTECTION OF LAW. EQUAL PROTECTION OF LAW SIGNIFIES THAT ALL PERSONS SUBJECT TO LEGISLATION SHOULD BE TREATED ALIKE UNDER LIKE CIRCUMSTANCES AND CONDITIONS BOTH IN THE PRIVILEGES CONFERRED AND LIABILITIES IMPOSED. ANG NATIONAL GOVERNMENT EMPLOYEES LANG BA ANG APEKTADO NG HIGH COST OF LIVING, INFLATION, GLOBAL RECESSION, CLIMATE CHANGE, ETC.? TAYO BANG NASA LOCAL GOVERNMENTS AY HINDI NAGDARANAS NG MGA GANITONG KAHIRAPAN? THIS JOINT RESOLUTION IS A VERY GOOD EXAMPLE OF CLASS LEGISLATION. MALINAW NA NILABAG NIYA ATING KARAPATAN SA ILALIM NG SALIGANG BATAS TO EQUAL PROTECTION OF LAW.


THIS JOINT RESOLUTION NO. 4, S. 2009 VIOLATED THE GOVERNING PRINCIPLE OF EQUAL PAY FOR EQUAL WORK UNDER THE CONSTITUTION AND REPUBLIC ACT 6758 WHICH THE SAID RESOLUTION PER ITS 2ND WHEREAS CONTINUED TO ADHERE TO. HOWEVER, IN ACCORDANCE WITH THE MANDATE OF THE CONSTITUTION, THE COMPENSATION SYSTEM UNDER RA 6758 HAD ONLY ONE (1) EFFECTIVITY DATE FOR NATIONAL AND LOCAL GOVERNMENTS PERSONNEL, WHICH WAS JULY 1, 1989. THE JOINT RESOLUTION CONTRADICTED ITS OWN INTENTION UNDER THE 3RD WHEREAS TO BE MORE RESPONSIVE TO THE ECONOMIC NEEDS OF CIVILIAN PERSONNEL BY ADDRESSING ONLY THE NATIONAL GOVERNMENT PERSONNEL LEAVING THE ECONOMIC NEEDS OF THE LOCAL GOVERNMENT PESONNEL TO JANUARY 1, 2010.

WHY THIS JOINT RESOLUTION HAS STILL TO DELAY THE EFFECTIVITY DATE FOR LGU PERSONNEL TO JANUARY 1, 2010, SIX (6) MONTHS LATE THAN THE NATIONAL GOVERNMENT PERSONNEL, WHEN IT HAS PLACED ALREADY SO MANY SAFEGUARDS TO CONTROL AND LIMIT THE IMPLEMENTATION OF THE MODIFIED COMPENSATION BY THE LGUS SUCH, THAT SALARIES AND WAGES AND OTHER BENEFITS OF OFFICIALS AND EMPLOYEES OF THE LGUS SHALL BE DETERMINED BY THEIR RESPECTIVE SANGGUNIANS SUBJECT TO THE PERSONAL SERVICES LIMITATION BUT SHALL NOT EXCEED THE INCOME CLASS AND FINANCIAL CAPABILITY OF THE LGUS. THE RESOLUTION VIOLATED THE PRINCIPLE OF LOCAL AUTONOMY UNDER RA 7160. WE READ THE TRANSCRIPTS OF DISCUSSION AT THE PLENARY, THE EFFECTIVITY DATE OF JANUARY 1, 2010 WAS INSERTED SIMPLY AS AN AMENDMENT BUT WITHOUT ANY DISCUSSION OR JUSTIFICATION.

WE HOPE THE ISSUES RAISED HERE WILL BE BROUGHT IMMEDIATELY TO THE ATTENTION OF THE SUPREME COURT FOR IMMEDIATED DECISION.

CO-EMPLOYEES IN THE LGUS, LET US PROTECT OUR RIGHTS UNDER THE CONSTITUTION. GOOD LAWYERS, WE APPEAL FOR YOUR HELP.

mariolan amigo said...

hello sir.

Query po. We are a 4th class municipality. Will health personnel still follow the national rate, and not the 4th class rate?

Poncet said...

That provision of RA 7305 on the equalization of the salaries of all public health workers was not expressly amended by JR No. 4. It follows that PHWs devolved or organically appointed by LGUs shall continue to receive the salary rates equivalent to that of their counterpart in the national government. Besides, JR No. 4 guarantees the non diminution in pay and other benefits of government personnel.

Jed Barry said...

"Four-gives starting July 1st for NG personnel"

could you please define the definition for National Government Personnel, does it includes contractual/non-regular staffs?

Poncet said...

Per the DBM-issued National Budget Circular 521, all civilian personnel whether regular or contractual in nature, appointive or elective, on full-time or part-time basis - are covered by SSL 3. Excluded are personnel hired on job order basis and student labor where there exists no employer-employee relationship.