Action Officer 4 replied the topic: Hiring 65 years old and above as Job Order and Contract of

Service
Sir:

You want to be clarified whether by reason of the passage of the Anti-Age Discrimination in

Employment Act (or Republic Act 10911) an employee who has reached the compulsory retirement age
of 65 could be hired under job order or contract of service.

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on
issues that may eventually be the subject of court litigation or appeal before it. This is so especially when
there are material facts necessary to the judicious adjudication of the issues which are not fully
represented or substantiated as in this case.

For your information and guidance, Section 1, Rule XI of the Revised Omnibus Rules on Appointments
and Other Personnel Actions provides, as follows:

“Sec. 1. Contracts of Services/Job Orders, as distinguished from those covered under Sec. 2 (e) and (f),
RULE III of these Rules, need not be submitted to the Commission. Services rendered there-under are not
considered government services.

“Sec. 2. Contracts of Services/Job Orders refer to employment described as follows:

“a. The contract covers lump sum work or services such as janitorial, security or consultancy services
where no employer-employee relationship exist;

“b. The job order covers piece work or intermittent job of short duration not exceeding six months on a
daily basis;

“c. The contracts of services and job orders are not covered by Civil Service Law, Rules and
Regulations, but covered by COA rules;

“d. The employees involved in the contracts or job orders do not enjoy the benefits enjoyed by
government employees, such as PERA, COLA and RATA. (Emphasis Supplied)

It is clear from the foregoing rule that in cases of job order or contract of service, no employer-employee
relationship exists and therefore not considered as government service. In this case, one could be hired
after his retirement from the service as a job order or contract of service. Thus, regardless of the passage
of Republic Act 10911, one could still be hired after his/her compulsory retirement from the service as a
job order or contract of service.

In addition, please be informed that the purpose of Republic Act 10911 is not merely to allow an
employee who has reached the compulsory retirement age of 65 to work as job order or contract of
service but, rather, to prohibit discrimination in employment on account of age and, eventually, to
promote equal opportunities in employment for everyone.

We hope we have enlightened you on the matter.

Thank you.