QuestionsQuestions (CSC MEMORANDUM CIRCULAR NO. 05, S. 1996)
It ruled that a CNA signing bonus is an emolument or allowance, hence it is not a subject of negotiation under a Collective Negotiations Agreement (CNA) unless the grant is specifically authorized by law or the agency is authorized by its charter.
Under Section 3, Chapter I, Title I, Book V of the Revised Administrative Code of 1987.
Because it is an emolument or allowance; emoluments/allowances of that nature are treated as non-negotiable unless there is express legal authority to grant them.
The CSC ruled that the CNA signing bonus is an emolument or an allowance.
(1) when the grant is specifically authorized by law, or (2) when the agency is authorized by its charter to grant the bonus.
The Implementing Rules of Executive Order No. 180.
It states that the CSC consistently encourages employees to exercise their right to form, join, or assist employees organizations to negotiate certain terms and conditions of employment that are protected interests.
Only those terms and conditions of employment that are not fixed by law and that are classified as negotiable under the Implementing Rules of E.O. No. 180.
It is characterized as an emolument or an allowance. This matters because emoluments/allowances are generally non-negotiable in a CNA unless authorized by law or charter.
The CSC would likely consider the grant improper because the bonus cannot be granted through negotiation; it requires specific legal or charter authority.
It took effect immediately upon adoption on March 4, 1996.
To provide uniform interpretation of the rules and guidance to employees organizations and management.
The Code provides the general principle that negotiable terms are those not fixed by law; the Implementing Rules of E.O. 180 further specifies which terms are negotiable and which are non-negotiable.
No. Under the circular’s general rule, it is not negotiable because it is an emolument/allowance and therefore non-negotiable absent legal or charter authorization.
Corazon Alma G. De Leon, Chairman of the Civil Service Commission, signed the circular.