Law Summary
Purpose and Objectives of the Circular
- Prescribes rules for granting CNA signing bonuses as per PSLMC Resolution No. 1.
- Aims to reward rank-and-file employees for promoting unity, cooperation, and partnership with management.
- Encourages well-organized agencies protecting employees’ interests.
Scope and Coverage
- Applies to all rank-and-file government employees (permanent, temporary, contractual, casual, emergency, full or part-time).
- Must have rendered minimum 6 months service including paid leaves in government agencies within one year before CNA signing/ratification.
- Must still be employed in the same agency at the time of CNA signing.
Exemptions from CNA Signing Bonus
- Excludes high-level personnel engaged in policy-making, managerial functions, or confidential duties, and above division chiefs.
- Contract workers without employee-employer status (consultants, experts, pakiao workers, student laborers, apprentices, etc.) not covered.
- Local government positions ranked Assistant Department Head and above are exempted.
Key Definitions
- Rank-and-File Employees: employees at or below division chief rank.
- Collective Negotiation Agreement (CNA): written agreement between employee organization and management on employment terms beyond the law.
- Employee Organization: association of rank-and-file employees safeguarding rights and conditions.
- Duly Registered Employee Organization: registered with DOLE and CSC under EO 180.
- Duly Recognized Employee Organization: voluntarily recognized by DOLE through Bureau of Labor Relations.
Terms for Granting CNA Signing Bonus
- Maximum bonus amount set at P5,000 per employee.
- Requirement of duly registered and recognized employee organization.
- CNA must be duly ratified/approved by both management and the employee organization.
- Funding provisions based on agency type:
- GOCCs/GFIs/SUCs require board approval, inclusion in budgets, with dividend remittance maintained and no additional national government funds.
- Local Water Districts have funding limits related to operational revenues.
- NGAs to include appropriations in their annual budgets.
- LGUs require ordinance approval or budget allocations subject to personal services limits.
Administration and Limitations on CNA Signing Bonus
- Agency heads decide bonus rates considering funds and priorities, not exceeding P5,000.
- Once granted after CNA signing, bonus may be given again only every 3 years.
- Annual CNAs trigger 3-year count from the last payment-date.
- Employees transferred after receiving bonus retain no new bonus rights in 3-year period, except difference if eligible and with required tenure.
- Distinct agencies created by law treated separately; bureaus without charters considered part of departments.
- CNAs ratified before July 20, 1999, not covered.
- Signing bonus is not part of CNA terms.
- Insufficient funds allow pro-rated uniform reductions.
Funding Sources
- GOCCs/GFIs/SUCs fund from corporate/agency funds without reducing required dividend remittance.
- NGAs fund from appropriations under the General Appropriations Act.
- LGUs fund from local government funds.
Accountability of Agency Heads
- Heads of agencies/local chief executives personally liable for improper bonus payments.
- Obligations to refund excess payments and submit implementation reports to DBM or regional offices.
Resolution of Uncovered Cases
- Cases not addressed referred to the Secretary of Budget and Management for resolution.
Effectivity
- Circular effective starting January 1, 2001, following adoption on December 15, 2000 by Secretary Benjamin E. Diokno.