Policies and Guidelines on Overtime Services and Payment in the Department of Education

May 19, 2016

DepEd Order No. 30, s. 2016

POLICIES AND GUIDELINES ON OVERTIME SERVICES AND PAYMENT IN THE DEPARTMENT OF EDUCATION

To:

Undersecretaries
Assistant Secretaries
Bureau and Service Directors
Regional Directors
Schools Division Superintendents
All Others Concerned

1. The Department of Education (DepEd) disseminates the enclosed Policies and Guidelines on Overtime Services and Payment pursuant to the provisions of the Joint Circular No. 1, s. 2015 dated November 25, 2015 entitled Policies and Guidelines on Overtime Services and Overtime Pay for Government Employees issued by the Civil Service Commission (CSC) and Department of Budget and Management (DBM).

2. As mandated by the circular, DepEd has formulated its internal guidelines to rationalize the rendition of overtime services and the payment scheme in accordance with the said circular.

3. All DepEd Orders and other related issuances, rules and regulations and provisions which are inconsistent with these guidelines are hereby rescinded.

4. Immediate dissemination of and strict compliance with this Order is directed.

BR. ARMIN A. LUISTRO FSC
Secretary


(Enclosure to DepEd Order No. 30, s. 2016)

GUIDELINES ON THE RENDITION AND PAYMENT OF OVERTIME SERVICES FOR DepED NON-TEACHING PERSONNEL

A. Rationale

1. With the full implementation of DepEd Rationalization program, it is expected that each operating unit will operate based on the functions articulated in each unit’s charter. It is also expected that the amount of work based on mandate can be delivered by the full staff complement of each unit under normal conditions. However, there are unexpected and unavoidable circumstances that rendition of overtime services will be required to finish urgent tasks.

2. In order to rationalize the rendition of overtime services, DepEd hereby issues these internal guidelines as basis for payment of overtime services for the non-teaching personnel in the DepED Central, Regional and Division offices in accordance with the provisions of Joint Circular No. 1, s. 2015 of the Civil Service Commission (CSC) and the Department of Budget and Management (DBM).

B. Scope and Coverage

1. These guidelines are issued to provide standard rules and procedures on the rendition and payment of OT services for DepED non-teaching employees.

2. These guidelines shall cover rendition of OT services with pay, either monetary or nonmonetary, of the following DepEd officials and employees:

a. Incumbents of positions of chiefs of divisions and below under permanent, co-terminus, temporary status, and
b. Incumbents of positions of chiefs of division and below who are designated to a position in the Career Executive Service.

Bullet “a” refers to a regular chief of division while bullet “b” refers to an individual who occupies a plantilla item/position of a division chief but is designated to a third level position, for example, a division chief designated as OIC Director of a bureau/service/center.

3. Incumbents of positions whose ranks are higher than chiefs of divisions and those appointed to positions in the Career Executive Service (CES) are not entitled to OT pay.

4. Those involved in the conduct of training programs, workshops, seminars, etc. and who are on travel status are not entitled to overtime pay even when they render services in excess of the regular eight (8) hours.

C. Policy Statement

1. The DepEd hereby issues this internal policy in the authorization, rendering and payment of OT services of all DepEd non-teaching personnel. This policy is largely based on the basic tenets of the Joint Circular No. 1 issued by DBM and CSC. All operating units are hereby mandated to implement the full intent of this policy.

2. The rendition of OT services with pay may be authorized for the following activities:

2.1 Implementation of special or priority programs and projects embodied in Presidential directives with specific dates of completion;
2.2 Completion of projects with set deadlines when due to unforeseen events, the deadline cannot be met without resorting to OT work;
2.3 Relief, rehabilitation, reconstruction and other related work or services during calamities and disasters;
2.4 Essential public services during emergency or critical situations that would require immediate or quick response;
2.5 Seasonal work, such as, but not limited to, budget preparation and rendition of annual reports, to meet scheduled deadlines;
2.6 Preparation of special/financial/accountability reports required by oversight agencies like the Congress of the Philippines, Office of the President, Commission on Audit, Department of Budget and Management, and National Economic and Development Authority;
2.7 Services rendered by drivers and other immediate staff of top officials when required to keep the same working hours as their superiors;
2.8 Such other activities as are needed to meet performance targets or deliver services to the public as may be determined by the agency head.

D. Procedures

1. To guide all employees relative to the overtime policy, the following provisions of this policy shall be followed.

2. OT services shall include:

2.1 Those rendered beyond eight (8) hours during regular work days subject to the applicable rules on flexible working hour scheme being adopted by the Department. The OT services to be rendered by an employee for regular work days in excess of his/her eight-hour work schedule shall be at least two (2) hours and shall be until 9:00 p.m. only except in the case of duly authorized overnight OT service and of services rendered by drivers; and
2.2 Those rendered during Saturdays, Sundays and holidays or non-working days to start at 8:00 a.m. up to 5:00 p.m.

3. The following breaks shall be observed during OT services:

Regular Days/WeekdaysWeekends/Holidays
One (1) hour dinner break after three (3) hours of continuous OT serviceLunch break: 12:00 nn to 1:00 pm

4. Rendering overnight OT services shall be resorted to only when extremely necessary. No employee shall be allowed to render overnight service for more than two (2) consecutive nights, for health reasons and to ensure employee productivity.

5. Heads of Offices/Chiefs of Divisions shall secure authority to render OT services on a monthly basis from the Undersecretary for Finance and Administration in the case of the Central Office, and from the Regional Director and Schools Division Superintendent in the case of the regional and schools division office, respectively. The request for authority shall indicate the following:

5.1 Purpose for rendering OT services
5.2 List of Employees to include the names, positions and assigned tasks
5.3 Justification on the necessity of OT services

6. OT services shall be rendered only after the request/authority has been submitted to the concerned offices for processing and approval of the Undersecretary for Finance and Administration, in the case of the Central Office and of the Regional Director/Schools Division Superintendent, in the case of the regional/schools division offices. Authority for payment of OT services rendered in the months prior to the preparation and submission of such authority shall no longer be processed and approved. However, payment of OT services rendered in the cases of Sections C.2 (2.3) and (2.4) above may be allowed without prior approval.

7. The Heads of Offices/Chiefs of Division shall be primarily responsible for the day to day operations of their respective offices; hence, they may allow or disallow their immediate staff to render such OT services with pay during regular working days, Saturdays, Sundays, holidays and non-working days, depending on the nature and urgency of the work to be done.

8. To ensure that employees are rendering OT services because of urgent or additional work, and not to compensate absences, tardiness or undertime, an employee shall not be allowed to render OT services with pay if he or she has reported late/tardy on regular work days. In this case, an employee may render OT services but he/she will not be compensated for such services either through monetary pay or CTO.

9. Claims for payment of OT services rendered shall be supported by the duly approved Request for Authority to Render OT Services, Daily Time Records and Monthly Individual Accomplishment Report for the actual work done during OT.

10. Overtime pay shall be charged to available savings, subject to existing rules and regulations on the use of savings, and other fund sources authorized under existing laws, rules and regulations.

E. Computation of Pay

1. OT pay shall be based on an employee’s actual hourly rate computed as follows:

Actual Hourly Rate (AHR)Actual Basic Salary per month / 22 x 8
OT Rate for Ordinary work daysAHR + 25% of AHR
OT Rate for Saturdays, holidays and non-working daysAHR + 50% of AHR

2. Total OT Pay for the Month

OT Pay for Ordinary work daysOT Rate for Ordinary Work Days x Total No. of OT Hours Rendered on Ordinary work days within the month
PLUS:
OT Pay for Saturdays, holidays and non-working daysOT Rate for Saturdays, holidays and non-working days x Total No. of OT Hours Rendered on Saturdays, holidays and non-working days within the month

3. The total OT pay of an employee in a year shall not exceed 50% of his/her basic salary for the year while the total amount of OT pay to be spent shall not exceed 5% of the total Personnel Services (PS) budget of the agency for a given year.

4. The Heads of bureau/service/center/regional/schools division offices shall be responsible for the proper implementation of this Order. They shall be dealt with accordingly, as the case may be, for any payment of OT services not in accordance with the provisions herein without prejudice to the refund by the employee(s) concerned of any unauthorized or excess payments.

F. Resolution of Cases

Issues and concerns arising from the implementation of this Order shall be resolved by the Office of the Undersecretary for Legal and Legislative Affairs in the case of the Central Office and by the Office of the Regional Director and Schools Division Superintendent in the case of the regional offices and schools division offices, respectively.

G. Monitoring and Evaluation

1. The DepED Central Office, Regional Offices and Schools Division Offices shall submit to the DBM’s Budget and Management Bureau or Regional Office concerned, copy furnished the CSC, the “Report on Overtime Services With Pay” using the template in Annex A on or before March 31 of every year.

2. For DepED Central Office, each Bureau/Service/Center shall submit their annual report to the Accounting Division, for consolidation purposes, while the DepED Regional Offices and Schools Division Offices shall be responsible in consolidating the respective reports in the offices/units under their jurisdiction.

H. References

Joint Circular No. 1, s. 2015 of the Civil Service Commission (CSC) and the Department of Budget and Management (DBM)

I. Effectivity

This Order shall take effect starting January 1,2016.

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