I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The Manual of Regulations for Private Schools (Par. 75) lays down the following characteristics of a teacher who becomes a regular employee of a school:
1.) He must be full-time
2.) Must have rendered three (3) consecutive years of service
3.) His service must have been satisfactory
Accordingly, private schools are allowed to set a maximum of three (3) years for probationary employment for teachers. The purpose of this probationary period is to learn a skill, trade, occupation or profession. The private schools are also given the prerogative to set the standards that determine satisfactory performance of potential teachers. These standards must be determined in accordance with "Academic Freedom and constitutional autonomy which give the educational institutions the right to choose who should teach." (Cagayan Capitol College vs. NLRC, 189 SCRA 558.) These criteria are subject to the standards set by the Department of Education. After the 3 years, the teacher isn't automatically regularized. The school will still have to evaluate his performance.
While on probationary employment, such teachers enjoy security of tenure. They cannot be dismissed except for cause while still serving under their contracts. Upon expiration of the contract, however, they cannot compel their former employers to renew their employment contracts.
A school may, however, bypass the contract and make the teacher-applicant a regular employee if it deems the applicant worthy of such. This is because Par. 75 of the Manual of Regulations for Private Schools does not specify that the 3 years of satisfactory service be contractual. Furthermore, this is in line with one of the few absolute powers the Labor Code grants to the employer: the power to hire.
58 comments:
I'm a religion teacher and sadly to share with you I'm not a LET passer but I'm serving in the private catholic school within 9 years. My employer in this previous year told me my length of service was back to zero because I'm not a LET passer. How come in this previous school year back in to zero in length of my service. Please help me if I have a right to make a complain in the court with attorney. Hoping that you help me if i have win this case/situation in my 9 years of service in this catholic school? thank you
Hello Edwin,
You have security of tenure, even if not a LET passer. Still, I strongly suggest you take the LET. In law, we call this a curative effect because it cures an existing defect. If it's possible, ask your employer if you can be allowed to take the LET. It's like having to put your cedula number on a document. If you don't have your cedula, you can still have the document prepared, but you have to get your cedula number affixed on the paper as soon as possible. This is not a criminal case, so the law is supposed to be more lenient.
Hi,
My sister has been with a shool for about 14 years, she took a break of about 2 years in another job and went back to the same school. She has been back about 2 years already. She received a probationary contract again for this year. Is this legal, also she received a paycut when in fact she is working as a branch coordinator as well as her license as nurse is being used by the school.
What can she do? So since she left the school she is back to probationary period? Doesn't her tenure count from the previous 10 years working with the school.
Thanks for your help.
Best,
Idel
Hello Idel,
Sorry for the late reply. I'm in 4th year already so I've been somewhat busy. Regarding the probationary thingy, the government tends to be liberal in allowing schools to set their standards. With the paycut, however, I think something's already wrong there since the nature of her job isn't an ordinary one.
Good news for your sister, though, any doubt in labor law problems is to be resolved favorably toward the worker. That's a basic labor law rule. Try approaching the Public Attorney's Office (there's one in every court.) Their services are free. Also, they have an advantage over other lawyers because they're well-connected with other government agencies.
Enrico
My friend has been teaching in a certain private computer college in metro manila for almost 15 years now, under a contractual status since then. The school requires him to sign a contract every semester, with a below minimum rate wage, receiving 78 pesos/hour.I just want to know if my friend has the right to demand for regularization of his status as a full time instructor with a fair compensation? because the school doesn't even give them an allowance during semester and summer vacation. I would like also to know if in case the school refuses to grant his request, what would be the necessary precautionary measure that my friend should do? Pleas help. Thanks and more power.
I also want to inquire about the computation of the 13th month pay which is mandated by the department... Is it legal to a school to compute the 13th month of the teachers as follows:
a teacher teaches for almost 15 hours a day, meaning the teacher renders about 80 t0 90 hours a week. would this number of hours be included in the computation of the 13th month? because school declares only the 24 hours of the teacher service rendered as the basic salary, which is one of the elements required in the computation of the 13th month. Meaning, out of 80 to 90 hours service rendered only 24 hours is counted as basic salary and the remaining is considered as an extra pay in the payslip. Yet, the fact is the teacher is only paid at below minimum rate per hour. (this is the reason why the teacher accepts that number of hours) Please help us understand this...Thank you and more power again...
Dear Mr. Pozon,
Until now I haven't received any response to my inquiry. I hope You will give your extra time to answer my Questions I posted. Thank you very Much.
Hello Mr. Santos,
I'm in 4th year now and my workload is rather heavy. Your friend does deserve to to get a raise. The teachers in the school should form a union in order to protect their right to a decent salary. Under the Labor Code, only government entities are prevented from forming unions. The purpose of the union is to bargain collectively with the management. Everything from salaries, 13th month pay, leaves, etc. are taken up in the collective bargaining process.
Since your friend has been teaching for 15 years now, he should be considered regular. The school has no reason to keep him on continually signing contracts.
Also, contracts with stipulations contrary to law -such as agreeing to work for less than minimum wage- are void for all intents and purposes. Once more, the labor union comes into view. The purpose of the union is to negotiate fair terms with the management.
I'm a private school teacher and i was just terminated without any written notice except for the letter that is informing me that they will not renew my contract next year. I went to DOLE and they said that I'm not entitled for the separation pay because I should have rendered 3 years to the school. Just a month more and I'm about to finish 3 years but they terminated me. Do I have any right to claim any benefits sir?
there's a problem in our school. Our MUSIC teachers chose to resign because they were questioned by some academic faculty of not rendering a complete 40 hours per week requirement of a regular employee because they were granted by the administration ONE FREE DAY. can we do something to win them back as their students in music?
hi, id like to ask regarging my status as a p.e instuctor in college private institution. i signed a contract last june 01,2011 and it will end up mAy 31, 2012 and my status is probitionary fulltime. den i received a letter/memo last mar.31,that would be my last of my service, my question is what will happen to my April and May Salary?
one thing the contract stated that im going to stay for 24hours weekly., then suddenly the vice Presdent did not follow the contract thay want me to stay for 80 within 15 working days. what is your reaction for that?
can i go proceed to the labor?
Hello Marskie,
Sorry for the very late reply. Graduating already kasi. The school doesn't have the right to terminate your services unless you violated the contract. Moreover, it's not allowed to terminate the contract prematurely unless there's an urgent reason. Yes, you do have the right to recover your unpaid benefits.
Hello young,
Resignation is a voluntary act. It's something the school has no control over. If, however, the school is still willing to take them back in then there shouldn't be a problem.
There is no way, the law can force a resigning teacher to come back. You're going to have to think of a way to convince your music teachers to return.
There is one thing, however you should not allow the school to do if it accepts your music teachers back; if the school decides to punish them by lowering their salaries, you must not allow that to happen.
Hello Japz,
Sorry for the late reply. Yes, you can go to Labor. Changes in an employment contract have to be agreed on.
i am about to resign to the school i hired in,i didn't signed any contract there, are they liable to file me AWOL? and block me to other institution?please reply as soon as possible thank you..
Hello Cherise,
Sorry for the very late reply. I'm in 4th year already The school that hired you has no right to prevent you from joining another institution.
Hello Maricel,
Sorry for the very late reply. I'm in 4th year already. I hope your transfer is successful and peaceful. You'll have to follow the school requirements, since there is no exact legal provision (at least of what I know of) that prescibes the necessary requirements.
Your problem doesn't seem to be a legal one. It appears to be more of a moral dilemma. Sorry.
Hi hope all is well with you. My son is studying in a private school Rizal. Before I register my son to this school, I asked them if they have school service, kasi this is very important sa amin, kasi Im a very busy, single mother. I'm working everyday. So it was one of my requirements na kailangan my school service, if not, I choose nalang ibang school, kasi hindi talaga convenient sa amin dalawa ng anak ko, dahil I have work everyday. Now, all of the sudden the school decided without informing me, they no longer doing it, kasi they changed daw ang schedule ng mga estudyante, kaya wala daw maraming estudyante sashay sa school service, lugi daw po sila sa gas. They didn't inform me, I just learned that my son is already taking jeepney pauwi ng bahay, so the next day, ran to his school to talk to them, we discussed this and they agreed na OK na, then I learned again na they didn't stick to what we discussed, my son had to take public transportations again without me knowing it. I just learned it when I get home from work. I was furious and feeling awful Ang dami - dami pa naman malalaki trucks sa tinatawiran nya kasi highway yun, isip ko, pano nalang kung may nangyari sa anak ko. Then today, I called them again, they said they will do something etc. So today, my son told me, that he traveled again on his own. Kasi, the school service nag busing daw, then he ran to get his bag, hindi na daw sya hinintay ng service, umalis na, then he thought baka pag balk nalang sya ihatid, so hinintay nya, pag balk ng service he just went and park na....Do I have a case po ba against sa school na ito? I don't know what to do...I'm so worry about my son's safety and this school is making me crazy, frustrating their behaviour. :( I hope you can give me an advice. Maraming salamat
Eagle eye
I am in the private school for 16 years now.Way back when my employer ( the mother )was still alive,we are not being given any vacation and sick leave.In fact,even on Sunday we are also working half day but not on Saturday.According to the owner since our salary is on monthly basis,Sunday is also being paid.When the mother died,the 3 sons are the one taking charge now on the operation of the school.They let us sign on the job description given to us by the school a 15 days paid sick leave and 15 days vacation leave.Is the so called " paid " means that they are not convertible into cash if we will not use it at the end of the year? I also want to ask if we can demand for the payment of such leaves even without union of employees in the school?
Another thing is we are working during Sunday even there are no students,is this legal,because we are not being given any overtime pay? How many teaching loads should be given per teacher?
We are being force to attend a seminar organized by the school without any noticed given for the teachers.According to the management,the said seminar is free but if you will resign at the end of the school year,you have to pay for the seminar you attended base on your salary rate.Prior to the seminar,we were forced to sign a contract regarding this matter that we have to pay a certain amount for the seminar even if we will not attend.Is this legal? Please explain it to me so we can have some things to tell them about our right because we are not being treated as teachers,they think that we are factory workers.To whom should we complain about this?
Can school authority not regularize the employee after the prescribed three years probationary period just for the reason of "end of contract"? Evaluations for three consecutive years were rated "A". . . . thank you and God bless!
gusto ko sana magresign..pwede ba ako maresign kahit na my contract pa ako??
Hi, I'm a private school teacher. May 2 year contract will end March 31, 2017. Gusto ko na pong mag resign kasi pk napakademanding ng trabaho. I have 13 sections na tinuturuan every week, may advisory class at club din akong hinahandle. Yung ibang teachers nga 21 sections ang kini cater every week. I want to quit kasi nakakadepress na ang trabaho. Can I have the right to resign?
Hi, I'm a private school teacher. May 2 year contract will end March 31, 2017. Gusto ko na pong mag resign kasi pk napakademanding ng trabaho. I have 13 sections na tinuturuan every week, may advisory class at club din akong hinahandle. Yung ibang teachers nga 21 sections ang kini cater every week. I want to quit kasi nakakadepress na ang trabaho. Can I have the right to resign?
Hi i had work as a college PE Teacher for 2 semesters but for this semester i have no working load. I have sign a 3 year contract and why would they let me hangin without a work? now if after 3 years i wont be able to teach again in the same college can i get a COE stating that i have a 3years of work expeeience?
Hi I am not a graduate of any education course, but i would like to pursue a career in teaching particularly in pre-school i graduated BSC Major in Banking and finance. What are the units and subject to be taken for me to take a L.E.T. thanks in advance
Hi. My work as a teacher requires more than 8 hours. And whenever there is an absent teacher, I am forced to take over (without additional compensation). I am also worried since we have no health security like Philhealth. I am now planning to resign. Is it acceptable?
Hi Sir.. My aunt just retire from the private school where she rendered almost 30 yrs of her teaching career. She only received a separation pay equivalent to her 2 mos salary. We believe that she deserves more than that. What could we do?
Good day I would like to ask what should I do, This is my concern I'm about to finish my second semester and I'm a part time teacher and I'm requesting for cert of employment but the the school doesn't want to give me.They said its only ten months but my reason 1 school year is equivalent of ten months only.What should I do I don't want to teach in that school anymore because of some reasons,but that's another issue.Can I sue the school for not giving my request to have a COE. thanks in advance attorney.
Ruby po name ko
Att.I have a friend na 11 years in service na sa isang private school sa ngayon lagi pa din siyang pumipirma ng contracts for formalization daw...tapos ask ko lang po Meron po bang bat as or magna carta of labor for private teacher na sana ung April and may niya kahit di siya mag summer eh may matatanggap pa din siya kahit half of her salary sana kase po kung di siya magsusummer wala siya kikitain...hope na masagot po niyo ako. Kung me batas na umuubliga sa private employer na bayaran ang April and may Niya or may benefits ba siya na makukuha salamat po in advance
Hi,I just want to ask.I not a teacher but a librarian of a school and I have a 1 year probi contract.I want to resign from the school so I submitted a resignation letter and rendered 30 days.But then they do not want to release my clearance and COE even a copy of my contract and are threatening to sue me.I just want to know what can I do to resolve my issue?
Na meet n ng husband ko ang 3yr tenureship on his 4th yr he was offered a scholarship for our daughter, a consistent honor student at thw same school. For 1yr. Wla pong salary deduction ang mister ko, thinking because of the scholarship. At the end of the school yr kinamusta ng mister ko ang status ng daughter nmin regarding scholarship. Now they are saying n wla daw scholarship so automatic nagkaroon kmi ng 25k n utang sa tuition. Pano po yun?
Good afternoon! ask ko lang po sana kung ang Separation Pay po ba ay depende sa policy ng isang private school? Nagwork po ako sa isang private school sa manila for 3 consecutive school year, last day ko po sa work last march 28, 2018 but days before 28, nagpapirma po sila ng "service agreement" which serves as our contract, pero nung march 28, pagkakuha ko po ng salary, may kasamang thank you letter, they consider it as my last day. Hindi nila nirenew ang contract without any written notice. Ngayon po hinahabol ko po ang pro-rated 13th month pay, at separation pay pero ang sabi po nila yung 13th month pay maibibigay nila sa july 15 pa, and separation pay daw po ay walang maibibigay dahil wala raw po sa school policy nila. Possible po ba yun? Maraming salamat po! ☺ sana matulungan nyo po ako.. God bless you!
Hi po.I just want to ask po.my friend who's a private school teacher for almost 7years,pero tinanggal po siya ng may ari ngayon kung kelan malapit na ang pasukan.ano po ang karapatan ng aking kaibigan sa ganitong sitwasyon.
Hi po.. May i ask if anong pede maging habol kung ang pinapasukan na school ay walang benefits aside sa sss.. Then ang sahod po ng teacher ay 5500 lang pero malaki po ang tuition ng school.. Tas pag suspended ang klase wala din sahod ang teacher
Hello
I'm an Indian .I would like to work as a private school teacher in Philippines so what I want to do to get a job
Good day.. Im planning to make a resignation letter sa pinasukan ko na school. Sobrng nkakastress n po kasi tlga s dmi ng gstong mangyari ng school na hndi na kya ng mga teachers. Im a Mapeh/tle/computer teacher. I have 5 loads and assisting preschoolers during my vacant time. Kaya ang ending wla akong na accomplish sa working hours ko para gwin ung paper works. We are required to be 30 minutes earlier every morning and 45 minutes naman ung allowance na oras bago uuwi(as stated in the contract) pero dhil halos andming kelngan tpusin gabi n kme nakakauwi.. Wla po kming benefits at ang rate ko is 6k a month. Nkalagay dn po sa contract is lahat ng meeting,weekday events kelngan dw po nming pumunta woithout any additional pay. Is it acceptable to make a resignation letter. Valid po ba un as reason slamat po. Last time po na nagsbi ako na aalis n ko tinakot po ako s kontrata. Kya hndi ko n po alam ang ggwin. Slamat po attorney.
Good day.. Im planning to make a resignation letter sa pinasukan ko na school. Sobrng nkakastress n po kasi tlga s dmi ng gstong mangyari ng school na hndi na kya ng mga teachers. Im a Mapeh/tle/computer teacher. I have 5 loads and assisting preschoolers during my vacant time. Kaya ang ending wla akong na accomplish sa working hours ko para gwin ung paper works. We are required to be 30 minutes earlier every morning and 45 minutes naman ung allowance na oras bago uuwi(as stated in the contract) pero dhil halos andming kelngan tpusin gabi n kme nakakauwi.. Wla po kming benefits at ang rate ko is 6k a month. Nkalagay dn po sa contract is lahat ng meeting,weekday events kelngan dw po nming pumunta woithout any additional pay. Is it acceptable to make a resignation letter. Valid po ba un as reason slamat po. Last time po na nagsbi ako na aalis n ko tinakot po ako s kontrata. Kya hndi ko n po alam ang ggwin. Slamat po attorney
Teacher lou po
We have a teacher who is currently in his third year probationary status. His first year's performance is below standards. Second year was satisfactory and this year below standards. Can we extend his probationary status for another year? Thank you.
I am teaching in private school for 4 years, and our principal just inform as that those who will resign even the tenure will not receive the salary for April but in my four years here I had observed that even they resigned they still get half of the salary for the April. Then it's so shock Bec. The principal just inform us just this month where in fact these changes must be inform ahead of time. What should we do? Are they right?
Im a private teacher.. Tama po ba na isinasama ang typhoon and vacation during christmas break sa leave. Or dpat po ay nkhiwalay. Kasi po nauubos po un leave everytime na my bagyo.. 15 days po un bngay na leave samin. Tama po ba ibwas un vacation ng sembreak at christmas break sa 15 days..
Gusto ko lang po malaman un rights ko as a private teachers in terms of sick leave and salary
Hi gusto ko lang po ishare ung experience ko kahapon,i am teaching in a private school for 3years ,infact ng paranking po ako for public school,then nalaman po ng employer ko ,kahapon po kinausap nya ako Na alisin Na daw po ako Kasi,ask ko lang po am I entitled to receive separation pay?as of now d Na po ako pinapapasok and masaklap pa dun sa Oras Na un eh nalaman ako ng trabaho d man lang pinakinggan Ang reason ko
Kami nga po walang binibigay sa Amin Na sick leave
Tanong lang po regarding maternity benefit ,kailan po ba binibigay Ang maternity benefit sa mga private school?Kasi aq sa case ko binigay sa Amin ng 2months after ko Na po mkapanganak at hinintay pa po Na dumating Yung Pera,and during my maternity leave Wala po ako natatanggap Na sahod
how about non teaching academic personnel? 3 years also? or 6 months? thank you.
Tanong ko Lang po ...natapos ko po ng maayos Yung isang school year na pasukan sa isang private school...Nag clearance po aq at nagawa Naman lahat ng requirements Nila bago po magbakasyon....bago po kmi tuluyan magbakasyon may pinasulatan po sa Amin na papel na Kung babalik pa sa next school year ..YES or No lng po ilalagay Doon sa papel na may nakalagay pong pangalan namin...pag yes po Ang sinulat papasok pa po sa next school year..pag no Naman po di na papasuk nxt school year..Ang nasulat ko po yes..Kasi po gusto ko pa bumalik ..kaso po nagkaproblema po ako..personal problem po...tapos Hindi na po ako nkapasok next school year...tapos po mga ilang buwan nakipag usap po ako sa may ari ng school .pinaliwanag ko po...Kung bakit di na ako nakapasok...Nung humihingi po ako ng COE Hindi raw po ako bibigyan...Tama po ba Yun na Hindi ako bigyan?? Kahit maayos Yung exit ko bago magbakasyon...sa bagong school year na po ako di nakapasok?? Salamat po🙏🙏🙏please help me po...salamat po sa makakapansin...
Sir ask Lang po Kung allowed po ba ang private school na magbigay ng back pay after 2yrs contract...Sabi po Kasi walang back pay namakukuha po kami..tnxe po
May i ask if there will be a compensation, for a probationary private school teacher, for her rendered service, after she was forced to resign? thank you.
Please enlighten me with this. I'm in a probationary period in a private school as full time teacher and will be for regularization after S.Y 2019-2020. But our HR send me a letter of Non-Regularization and non renewal of contract just this April 1, 2020. Knowing that I did my best and seems that there is no reason for my termination. I don't know what to do right now. Please help. Thanks
Good pm Sir. I would like to get an advice from the professional,it's because I was just terminated on Jan 04,2021 they've just given me a written memo subjected to termination.The reasons are: Late attendance, arrogant, disrespectful and leaving during the meeting. and blahh blahh blahhh. and I was about to claim may collectibles but they're always saying that my voucher is already ready but suddenly they say that comeback again tomorrow... Hope you read this. Thank you.
Hi Mr. Santos,
Yung isa ko pong kakilala ay nagtuturo sa international school. Yung 1st contract nya was two years which he satisfactorily completed. Then nabigyan uli sya ng contract again good for 2 years. Ang question po nya eh, on his 4th year, automatic po bang regular employee na siya following our labor law on regularization, kahit na 2 years lng yung kontrata, since second 2-year contract nya na iyon? Pangalawa po, nakalagay doon sa second contract na yung first 6 months again ay probationary period? Dipo ba ang 6-month probationary period dapat dun sa 1st contract lang? Please advise po. Salamat. :)
Is it lawful for private school to have their employees renew their contracts annually? Are they considered contractual only?
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