OCA CIRCULAR NO. 48-2007, May 10, 2007

OCA CIRCULAR NO. 48-2007, May 10, 2007

OCA Circulars May 10, 2007
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TO:
ALL JUDGES AND EMPLOYEES OF THE LOWER COURTS
SUBJECT:
IMPLEMENTING GUIDELINES ON THE NON-MONETARYREMUNERATION FOR OVERTIME SERVICES FOR THE LOWER COURTS

In line with the provisions of OCA Circular No.
61-2005 dated May 18, 2005 Re: Guidelines on the Non-Monetary
Remuneration for Overtime Services, the undersigned sets forth the
guidelines to be observed for the lower courts:

I. Definition of Terms

Compensatory Overtime Credit (COC)
refers to the accrued number of hours an employee earns as a result of
services rendered beyond regular working hours, and/or those rendered on
Saturdays, Sundays, Holidays or scheduled days off without the benefit
of overtime pay.

Compensatory Time-Off (CTO) refers
to the number of hours or days an employee is excused from reporting
for work with full pay and benefits. It is a non-monetary benefit
provided to an employee in lieu of overtime pay.

II. Guidelines

  1. Lower court employees are required to render
    forty (40) hours of work in a week. They may be required to render
    overtime service in the exigency of the service when work has to be done
    beyond office hours due to compelling reasons and emergency situations.

  2. The Presiding Judge/Executive Judge shall determine the need for overtime services,”the date, time and its purpose.

  3. For rendition of overtime services on
    weekdays, scheduled workdays, Sundays or holidays, all requests shall be
    made by the Presiding Judge/Executive Judge and submitted to the
    Supreme Court, through the Office of the Court Administrator, for
    approval before actual service of overtime is rendered.

  4. For those rendering skeletal force on
    Saturdays pursuant to Administrative Circular No. 2-99, the request
    shall be made by the Presiding Judge, for those in the court branches;
    or by the Clerk of Court, for those in the Office of the Clerk of Court,
    and submitted to the Executive Judge for approval.

III. Computation of COCs

The COC is expressed in number of hours, computed as follows:

  1. For overtime services rendered on weekdays or scheduled work days:

COC = number of hours of overtime services x 1.0

  1. For overtime services rendered on weekends, holidays or scheduled days off:

COC = number of hours of overtime services x 1.5

IV. Accrual and Use of COCs

  1. Each employee may accrue not more than forty
    (40) hours of COCs in a month. In no instance, however, shall the
    unexpired balance exceed one hundred twenty (120) hours.

  2. The COCs should be used as time-off within the
    year these are earned. The unutilized COC should not be earned over in
    the ensuing year, hence, are non-cumulative.

  3. The COCs shall be considered as official time for the following purposes:

 

3.a. Compliance with compensation rules
relative to the entitlement to PERA, Additional Compensation, year-end
benefits, and other benefits received on a regular basis; and

3.b. Computation of service hours for entitlement
to sick and vacation leave credits, and step increment due to length of
service.

V. Limitations on the Use of COCs

  1. The COCs cannot be used to offset undertime/s or tardiness incurred by the lower court employee during regular working days.

  2. The COCs earned cannot be converted to cash, hence, are non- commutative.
  3. The COCs will not be added to the regular
    leave credits of the employee; hence, it is not part of the accumulated
    leave credits that is paid out to the employee.

VI. Effect of Personnel Movement

  1. In cases of resignation, retirement, or suspension from the service, the unutilized COCs are deemed forfeited.

  2. In case of detail, secondment or transfer to
    another agency, the COCs earned in one agency cannot be transferred to
    another agency, nor could the employee receive the monetary equivalent
    thereof.

  3. In case of promotion, except when promoted to a
    position not qualified to receive overtime pay under previous
    issuances, the employee will retain his or her accrued COC.

VII. Issuance of Certificate of COC Earned

An employee who has earned COC shall be granted a
Certificate of COC earned duly approved and signed by the Chief of
Office of the Office Qt the Administrative Services, Office of
the Court Administrator (OAS,OCA). The certificate indicates the number
of hours of earned COC by the employee in a month. The certificate
would be issued at the end of each month.

VIII. Availment of CTO

  1. The CTO may be availed of in blocks of four (4) or eight (8) hours.
  2. The employee may use the CTO continuously up to a maximum of five
    (5) consecutive days per single availment, or on staggered basis within
    the year.

  3. Employees who were granted COC shall request from their Presiding
    Judge/Executive Judge on the schedule of availment of the CTO. An
    Application for Leave indicating the availment of CTO should bear the
    recommendation of the Presiding Judge/Executive Judge, and shall be
    submitted to the Employees’ Leave Division, OAS, OCA for approval.

IX.Procedures I

The following procedures shall be observed in the rendition of overtime services and availment of Compensatory Time-Off (CTO):

  1. The employee renders overtime services as stipulated in the approved request;
  2. The Employees’ Leave Division of the OAS-OCA on a monthly basis,
    shall prepare a summary of overtime services rendered in a month, and
    shall compute the equivalent COCs for the purpose of the issuance of the
    Certificate of COC Earned;

  3. It is upon the approval by the Chief of Office of the OAS-OCA
    that a Certificate of COC Earned is issued to the employee entitled
    thereof, with the specified number of COCs earned;

  4. The employees who have earned COCs shall request their Presiding
    Judge/Executive Judge on the schedule of availment of the CTO and shall
    accomplish an Application for Leave indicating the availment of CTO and
    the recommendation of the Presiding Judge/Executive Judge;

  5. The employee avails of the CTO;
  6. The Clerk of Court, on the first week of eveiy month shall submit
    the DTRs/Bundy Cards of the employees, together with the Application
    for Leave of Absence indicating the availment of CTO of the employees
    concerned; and

  7. In addition to the above-mentioned papers, the Clerk of Court
    shall accomplish and submit each month a certified listing of employees
    who rendered skeletal force on Saturdays pursuant to Administrative
    Circular No. 2-99 and who intend to avail of the non-monetary
    remuneration for overtime services in accordance with these guidelines.

X.

Certificate of Compensatory Overtime Credit (COC)

Front    
         
Certificate of COC Earned
  This certificate entitles Mr./Ms. ______________________________
to
________________________________
of Compensatory of Overtime Credits
 
(number of hours)
   
         
     
_____________________________
     
OCA Chief of Office
     
Office of Administrative Services
         
Date Issued: _____________________    
Valid Until: ______________________    

 

Back    
No. of Hours of
Earned COCs/
Beginning Balance
Date
of
CTO
Used
COCs
Remainign
COCs
Remarks
         
         
         
         
         
     
Approved by:
 
Certified by:
     
________________________________
 
_____________________________
OCA Cheif of Office
 
SC Cheif Judicial Staff Officer
Office of Administrative Services
 
Leave Division

XI. CERTIFIED LISTING

List of Employees who Rendered Serives
on Saturday pursuant to A. C. No. 2-99

No. of Hours of
Earned COCs/
Beginning Balance
Date
of
CTO
Used
COCs
Remainign
COCs
Remarks
         
         
         
         
         
     
Court: _____________________  
Certified correct:
Branch: ____________________    
Date: _____________________  
_____________________________
   
Clerk of Court

For the information and guidance of all concerned.

May__10__, 2007.

 
CHRISTOPER O. LOCK
 
Court Administrator