[ DECS ORDER NO. 34, s. 1997, April 15, 1997 ]

GRANTING OF OVERTIME PAY TO SECURITY GUARDS WHO RENDER SERVICE IN EXCESS OF FORTY (40) HOURS OF SERVICE A WEEK



1. Reproduced on the reverse side is a copy of a letter dated February 13 of Ms. Adelina B. Sarmiento, Assistant Commissioner, Civil Service Commission, Diliman, Quezon City, reiterating its pronouncement that pursuant to Resolution no. 93-4066, Security Guards are entitled to overtime pay when they render service in excess of forty (40) hours a week in line with Section 10, Rule XVII of the Omnibus Rules Implementing Book V of Executive Order No. 292.

2. Regional directors and schools superintendents are hereby directed to disseminate the abovementioned information in their respective areas of responsibilities.

3. Please be guided accordingly.

Adopted: 15 April 1997

(SGD.) RICARDO T. GLORIA
Secretary


Attachment

Secretary Ricardo T. Gloria
Department of Education, Culture, and Sports
University of Life Complex
Meralco Avenue, Pasig City

Dear Secretary Gloria:

This refers to the attached letter from Messrs. Victorio A. Casida, Emiliano L. Sabeniano, Tito B. Malate, Isacar B. Palayar, Security Guards of the Calabanga Polytechnic College, Calabanga Camarines Sur. These gentlemen are requesting our opinion whether or not they are also governed by the policy set forth in CSC Resolution No. 93-4066.

It is informed that the said resolution made a pronouncement that Security Guards are entitled to overtime pay when they render service in excess of forty (40) hours a week in line with Section 10, Rule XVII of the Omnibus Rules Implementing Book V of Executive Order 292. Needless to say, this provision is anchored on the sound policy of œas you work, so shall you be paid .

We have observed that this issue has been cropping up from time to time, raised by Security Guards employed by elementary and national high schools including state universities and colleges from all over the Philippines. The Security Guards and Watchmen allege that they are working continuously without break even on Saturdays and Sundays without the corresponding compensation for the excess hours worked. Some aver that their health has been adversely affected as a result. It may be mentioned that there are schools which have only one (1) Security Guard (especially in elementary schools). Hence, round-the-clock work every day has become routine to the Security Guards concerned to the detriment of their health and family life.

In the past, we have responded to this kind of query on an individual basis citing Resolution No. 93-4066 and other related resolutions and opinions already rendered on the issue.

In view of the frequency that this issue has been raised to us for resolution, we are compelled now to bring this matter to your attention. It is hoped that in the interest of public service and with your able leadership, the wisdom and underlying policy of Resolution No. 93-4066 be carried out in all elementary and high schools nationwide.

Adopted: 13 January 1997

(SGD.) ADELINA B. SARMIENTO
Assistant Commissioner