(NAR) VOL. 19 NO. 1 / JANUARY - MARCH 2008
2.1.1 Local Consultancy shall cover services rendered to Filipino-owned/controlled enterprises/entities whether based locally or abroad.2.2 Private sector shall include sole proprietorship, partnerships, corporations, foundations and cooperatives, as well as non-profit organizations.
2.1.2 Foreign Consultancy shall cover services rendered to foreign-owned/controlled enterprises/entities whether based locally or abroad.
a. it does not jeopardize or adversely affect the operations or activities of the parent agency;3.6 Consulting services and secondment to multi-national corporations that directly compete with Philippine products shall not be approved to protect the interest of local micro, small and medium enterprises.
b. it shall not divulge Philippine trade, business and military/national security secrets and Philippine cutting edge technologies especially to the Philippines' foreign competitors either based locally or abroad;
c. Whenever applicable, the corporation or institution where the S & T personnel shall be detailed/seconded does not use rare, endemic and endangered species of animals and plants including microorganisms as raw materials in manufacturing their products;
d. Whenever applicable, the corporation or institution has established policies/ programs for environment protection (e.g. with Environment Compliance Certificate, Environment Management System).
4.1.1 In addition to one's regular assignments/functions, S & T personnel who possess the following qualifications may render consultancy services to local private entity or foreign organization:4.2 Terms and Conditions
a. with permanent appointment. Those contractual and casual personnel whose salaries are charged to lump-sum appropriation may be allowed to accept consultancy services on a selective basis as may be determined by the agency head.
b. have rendered a minimum of two years continuous service.
4.2.1 An S & T personnel shall be allowed to render one or more local consultancy services on official time for a maximum period of forty eight (48) working days per year taken either on staggered or cumulative basis.
4.2.2 S & T personnel cannot render consultancy services to any institution where they have direct oversight functions or supervisory authority/influence on the decision or approval of projects, and where they are responsible for the evaluation and screening of projects funded by grants from their respective agencies.
4.2.3 S & T personnel shall be allowed to render foreign consultancy for a minimum of two months per year either on staggered or continuous basis. In case of extension, the S & T personnel must file a vacation leave with or with out pay, not to exceed ten months (making a total consultancy period of one year including the first two months), subject to the approval of the agency head.
4.2.4 During the period of consultancy, S & T personnel shall receive their salary and appropriate benefits from the parent agency subject to existing rules and regulations. In addition, consultancy fee/professional fee/honorarium received by the S & T personnel from third party, over and above the salary and benefits received from the parent agency shall not be considered double compensation.
5.1.1 Regular S & T personnel who possess the following qualifications may be seconded to the private sector or to international bodies/foreign organizations recognized by the Philippine government, for a period not exceeding one year:5.2 Terms and Conditions
a. with permanent appointment; and
b. have rendered at least four (4) years continuous service.
5.2.1 During the secondment the third party, shall provide the salary and other benefits due the S & T personnel. The third party shall also provide all benefits provided under R.A No. 8439 unless otherwise specified in the contract.
5.2.2 The seconded employees shall be on leave without pay from their parent agency for the duration of their secondment. During such period, they may earn leave credits immediately commutable thereafter and payable by the third party. Further, such period of secondment shall be included in computing the length of service for purposes of retirement, but not for the commutation of leave credits.
5.2.3 All mandatory contributions (e.g. GSIS, PAGIBIG, ECC, PhilHealth, etc.) shall be borne by the third party.
5.2.4 S &T personnel who are seconded for one year or less must serve their parent agency in accordance with the schedule below, before another secondment may be granted upon the recommendation of the agency head and the approval of the Secretary of the department concerned or the appropriate approving authority:
Period of Secondment Required Service Period Before Another Secondment may be Granted
9 months to 1 year 4 years 6 months to less than 9 months 3 years 3 months to less than 6 months 2 years Less than 3 months 1 year
5.2 5 In case the seconded S & T personnel opt to continue the secondment beyond the allowable maximum period of one year, or to remain in the private sector, they shall have to resign/retire from the government service provided that they have no scholarship/service/financial obligation to their parent agency. If there is no approved resignation/retirement, they shall be on Absence Without Official Leave (AWOL), and the corresponding rules for AWOL shall apply.
5.2.6 The period of secondment immediately preceding the resignation shall not be counted in the computation of the number of years of service in the government
5.2.7 Such secondment shall not like wise affect the S & T personnel's security of tenure or result to the loss of his/her seniority rights.
5.2.8 Unless it is stipulated in the contract. S & T personnel cannot apply for/ accept any scholarship unless they have completed all the terms and conditions of the contract for secondment.
6.3.1 The application for consultancy or detail secondment together with all the required supporting documents shall be submitted to the agency Committee which shall screen and evaluate the same and recommend to the agency head concerned.6.4 The S & T personnel concerned shall submit a monthly report on the consultancy activities or secondment undertaken to the agency head. Likewise, the third party shall provide a monthly performance report of the S & T personnel to the parent agency.
a. The agency head shall endorse the application for consultancy to the Secretary of the Department concerned for approval.
b. The agency head concerned shall approve the application for secondment. However, succeeding secondments shall be recommended by the agency head and approved by the Secretary of the Department concerned.