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Tuesday, April 05, 2005
4-day workweek ordinance flawed
By Aurea A. Gerundio
* Section 8 delegates legislative function of adding rules and regulations to the ordinance to city mayor
* Ordinance further allows mayor to delegate this function to a representative
* CLO points out a delegated function can never be delegated
MAYOR Rodrigo R. Duterte rejected the proposed ordinance adopting a four-day workweek and extended working hours for Davao City-paid employees for legal infirmities.
Duterte specifically pointed out Section 8 of the ordinance that states, "the City Mayor or his duly authorized representative is hereby authorized to adopt or impose additional rules and regulations to ensure the success and effective implementation of this program subject, however, to existing Civil Service rules and regulations."
The mayor pointed out that this section clearly states he and any representative he may choose is given authority to make additional rules and regulations, a function that is the exclusive domain of the legislative.
In the legal opinion from the City Legal Office, which Duterte used to back up his veto, it said, "Basic is the rule that delegated power cannot, in turn, be delegated."
But this is what Section 8 does. It delegates the legislative function of adding rules and regulations to the mayor and also allows the mayor to delegate this role to any of his chosen representative.
The City Council earlier approved the four-day workweek and extended working hours for City Government employees. The ordinance requires City Government employees to work from 7 a.m. to 6 p.m. for four days a week.
Under the new working schedule, employees can choose from either Monday or Friday as their additional day off aside from Saturday and Sunday.
The number of employees reporting for work on either Monday or Friday, however, must not be less than 50 percent of the total workforce.
Councilor Peter T. Laviña, chair of the committee on labor and employment, said the measure aims to lessen the daily expenses of employees without disrupting public service and improve the work efficiency in the government.
Laviña believes that giving an additional day off to employees would allow them to engage in other livelihood activities that would help them augment their income.
For Bisaya stories from Davao. Click here. (April 5, 2005 issue)
Write letter to the editor.Click here.
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