Why Job Orders appointees in the government are not considered as employees of the government, if in fact, the four fold test of employer-employee relationship are present?

The other question here is why are job orders in government offices particularly among LGUs, not computed in the 45% cap on personnel services when these job orders are being repeatedly renewed and some even render very responsible tasks because the incumbent local executive do not have the loyalty of the current occupant of a plantilla position.