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Transcript of THE K-12 TRANSITION: ARE WE IN SYNCH? - pacu.org.ph · PDF filethe k-12 transition: are we in...
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PACU ACADEMIC
MANAGEMENT SERIES 112913
1
THE K-12 TRANSITION:
ARE WE IN SYNCH? LEGAL AND LABOR IMPACT ON FACULTY
MEMBERS OF HIGHER EDUCATIONAL
INSTITUTIONS (HEIs)
PACU ACADEMIC MANAGEMENT SERIES 29 NOVEMBER 2013, 1:30-2:30 P.M.
JOSE RIZAL UNIVERSITY
ATTY. ADA D. ABAD Managing Partner
Abad Abad & Associates Law Office
CEAP Legal Counsel 2010-2013
Former Vice-Dean, Lyceum College of Law
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2
SCOPE OF OUR
TALK TODAY:
• GENERAL LEGAL PARAMETERS
• WHAT WE KNOW BY NOW
• POSSIBLE EFFECTS
• PREVIOUS OPTIONS and
DECISION TREES: ARE THESE
STILL FEASIBLE
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PACU ACADEMIC
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One practical problem
posed to HED schools
would be the logistical
issue of faculty oversupply
during the years 2016-
2024 during the K-12
transition period.
3
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PACU ACADEMIC
MANAGEMENT SERIES 112913
THE LAW ON K-12:
1. REPUBLIC ACT NO. 10533
promulgated 15 May 2013
2. IMPLEMENTING RULES AND
REGULATIONS promulgated 04
September 2013
3. GUIDELINES ON IMPLEMENTATION
OF LABOR COMPONENT OF K-12 (still being finalized as of 07 Nov 2013)
5
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TO SUSTAIN OPERATIONS OF THE SCHOOL
DURING THE TRANSITION PERIOD
MANAGEMENT
PREROGATIVES
ACADEMIC
FREEDOM
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• who may teach
• what may be taught
• how it shall be taught;
• and who may be admitted to
study. (Garcia vs. The Faculty Admission Committee, Loyola
School of Theology, 68 SCRA 277, citing Justice Frankfurter's concurring
opinion in Sweezy v. New Hampshire, 354 US 234, 263 [1957]).
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(1) the appointment and tenure of
office of academic staff; and
(2) the curricula for courses of study;
(3) the admission, examination and
retention of students until
graduation;
(4)the allocation of income among the
different categories of expenditure.
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GENERAL RULE:
ACADEMIC FREEDOM TO
DETERMINE THE
CURRICULUM
PROVIDED:
MINIMUM REQUIREMENTS OF
DepED OR CHED COMPLIED
WITH
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POSSIBLE INNOVATION:
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POSSIBLE INNOVATION:
SOME 11th-12th GRADE
ELECTIVE SUBJECTS MAY BE
CREDITED TO COLLEGE
SUBJECTS IN FIELDS OF
SPECIALIZATION
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12
POSSIBLE INNOVATION:
BRIDGING PROGRAM FOR
THOSE GRADUATES OF THE
OLD CURRICULUM, TO
“CATCH UP” WITH ASEAN 2015
INTEGRATION AND FREE
ECONOMY
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PACU ACADEMIC
MANAGEMENT SERIES 112913
In its quest for profits, management may exercise its
management prerogatives – which is the discretionary
power to decide ALL ASPECTS OF OPERATIONS. In the
aspect of EMPLOYMENT, it includes everything -
WHAT IS MANAGEMENT’S
PREROGATIVE?
From
HIRING
To FIRING
13
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PACU ACADEMIC
MANAGEMENT SERIES 112913
The free will of the management to conduct
its own affairs to achieve its purpose cannot
be denied, PROVIDED THAT THE SAME IS
EXERCISED:
• IN GOOD FAITH,
• FOR THE ADVANCEMENT OF THE
EMPLOYER’S INTEREST; AND
• NOT TO CIRCUMVENT THE RIGHTS OF
THE EMPLOYEES. (San Miguel Brewery and Union Carbide
cases).
14
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15
WHAT WE KNOW
BY NOW:
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MANAGEMENT SERIES 112913
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a. DepEd’s Curriculum of
11th and 12th Grades
PLUS
b. CHED’s General
Education Curriculum
1. WE KNOW THAT -
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MANAGEMENT SERIES 112913
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Based on slides of Dr. Isagani Cruz presented during 2013 CEAP National Convention
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PACU ACADEMIC
MANAGEMENT SERIES 112913
2. WE KNOW THAT –
SOME COLLEGE
SUBJECTS ARE TO
BE PUSHED DOWN
TO 11TH AND 12TH
GRADES
20
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PACU ACADEMIC
MANAGEMENT SERIES 112913
The college General Education curriculum
is being revised and will have fewer units.
WITH K TO 12, THE COLLEGE
CURRICULUM WILL COMPRISE OF
THREE (3) YEARS:
• A YEAR’S WORTH OF GENERAL EDUCATION
SUBJECTS; AND
• AT LEAST TWO YEARS OF MAJOR
SUBJECTS. (www.gov.ph/k-12). 21
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EFFECT1:
SOME faculty movements will
become permanent
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PACU ACADEMIC
MANAGEMENT SERIES 112913
3. WE KNOW –
WHO WE CAN
HIRE FOR
GRADES 11
AND 12
23
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THE EXISTING LAW REQUIRING
PASSING THE LICENSURE
EXAMINATION FOR TEACHERS (LET)
IN BASIC EDUCATION HAS BEEN
MODIFIED:
“No person shall engage in teaching in
pre-school, elementary or secondary
level, unless duly registered professional
teacher and a holder of valid professional
license,” viz., must have passed LET. (Rep. Act
7836, sec 26 [1994])
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GENERAL RULE:
MUST HAVE PASSED LICENSURE
EXAMINATION UNDER REPUBLIC
ACT 7836, AS AMENDED BY REP. ACT
NO. 9293,
BUT CERTAIN EXCEPTIONS --
25
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EXCEPTIONS PROVIDED BY K-12 LAW:
“Notwithstanding RA 7836, DepEd and private educational
institutions SHALL ⃰ hire, as
may be relevant to a particular
subject:
26
* BICAM MODIFICATION FROM
“MAY HIRE”.
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PACU ACADEMIC
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1. GRADUATES OF SCIENCE, MATHEMATICS,
STATISTICS, ENGINEERING, MUSIC AND
OTHER DEGREE COURSES WITH
SHORTAGES IN QUALIFIED LET
APPLICANTS TO TEACH IN THEIR
SPECIALIZED SUBJECTS IN ELEMENTARY
AND SECONDARY EDUCATION; PROVIDED:
• IF FULL TIME as such Basic or Secondary
Ed teacher, must pass LET within 5 years.
• NO NEED FOR LET if only part-timer
27
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2. FACULTY OF HEI OFFERING SECONDARY
EDUCATION (PER GUIDELINES ON IMPLEMENTATION OF
LABOR COMPONENT AS OF 07 NOV 2013) SHALL BE GIVEN
PRIORITY IN HIRING (AND ALLOWED TO TEACH
IN THEIR GENERAL EDUCATION OR SUBJECT
SPECIALTIES IN THE SECONDARY (SHS)
EDUCATION), PROVIDED:
• THAT THE FACULTY MUST BE A HOLDER OF A
RELEVANT BACHELOR’S DEGREE, MASTER’S
DEGREE, OR MASTER’S DEGREE WITH THE RELEVANT
PROFESSIONAL LICENSE, AND
• MUST HAVE SATISFACTORILY SERVED AS A
FULL-TIME HEI FACULTY
28
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3. GRADUATES OF TECHNICAL-
VOCATIONAL COURSES TO TEACH IN
THEIR SPECIALIZED SUBJECTS IN THE
SECONDARY EDUCATION; PROVIDED:
• POSSESS TESDA CERTIFICATION; AND
• UNDERGO PROPER IN-SERVICE
TRAINING PROGRAM TO BE
ADMINISTERED BY DEPED.
29
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4. The DepEd and private schools may hire
PRACTITIONERS with expertise in the
specialized learning areas offered by the
Basic Education curriculum to teach in the
Secondary Level;
PROVIDED: That they teach on a PART-
TIME BASIS only
For this purpose, the DepEd, in coordination with the
appropriate government agencies, shall determine
the necessary qualification standards in hiring these
experts.
30
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1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
2016-2017 NO 1ST YEAR OKAY OKAY OKAY
2017-2018 NO 1ST YEAR NO 2ND YEAR OKAY OKAY
2018-2019 OKAY NO 2ND YEAR NO 3RD YEAR OKAY
2019-2020 OKAY OKAY NO 3rd YEAR NO 4TH YEAR
2020-2021 OKAY OKAY OKAY NO 4TH YEAR
2021-2022 OKAY OKAY OKAY OKAY
2022-2023 OKAY OKAY OKAY OKAY
2023-2024 OKAY OKAY OKAY OKAY
2024-2025 OKAY OKAY OKAY OKAY
4. WE KNOW THAT THERE WILL BE NO
LOADING FOR TEACHERS FOR TWO
YEAR PERIOD (AS EMPHASIZED BY REV. FR.
ANTONIO S. SAMSON, S.J. OF PERAA AND MARY THE QUEEN
PARISH)
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WHICH LEADS US TO THE
BIG PROBLEM:
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WHAT TO DO WITH
COLLEGE
PROFESSORS IN
THE 1ST YEAR
LEVEL (AND OTHER
YEAR LEVELS
THEREAFTER) WHO
WILL NOT HAVE
LOAD FOR TWO
YEARS PER CHART?
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“Teacher-in-Transition”
Development Programs (TITDP):
encourage faculty who may still be given
loads to take LET or Masters/Doctorate
during 2-year interregnum
but this assumes the School already
has funds
this further assumes the faculty given
study grant WILL be retained
35
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WILL WE GO
BACK TO
“NORMAL”
ENROLLMENT
RATES?
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PROBABLY
NOT... BECAUSE THE NEW K-12
GRADUATES WILL HAVE
THREE CHOICES AFTER
GRADUATION:
ACADEMIC, TECH-VOC
OR IMMEDIATELY GO TO
WORK
NOT ALL WILL CHOOSE
TO TAKE THE ACADEMIC
ROUTE
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• DECREASE IN THE NUMBER OF
THOSE WHO WILL ENROL IN
TERTIARY LEVELS
• FACULTY AND STAFF REQUIREMENT
MAY NOT BE AS MUCH AS PRESENT
LEVELS
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NUMBER OF
PERSONNEL
AND
TRANSFER OF EMPLOYEES
41
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SCHOOL IS NOT UNDER
OBLIGATION TO KEEP MORE
EMPLOYEES AS ARE
NECESSARY FOR THE
EFFICIENT OPERATIONS OF
ITS BUSINESS (WILTSHIRE FILE VS.
NLRC, 193 SCRA 665 [1990])
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It is the
prerogative of
management to
transfer an
employee
where he can
be most useful
to the School.
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It is the prerogative of management to transfer an
employee from one office to another within the business
establishment based on its assessment and perception of
the employee’s qualifications, aptitudes and competence,
and in order to ascertain where he can
function with maximum benefit to the
company. This is a privilege inherent in the
employer’s right to control and manage his
enterprise effectively. An employee who
refuses to be transferred when such transfer
is valid, is guilty of insubordination. -- Pharmacia
and UPJOHN, Inc. (now Pfizer Philippines, Inc.) vs. Albayda, Jr., G.R. No. 172724, 23
August 2010.
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IF PART-TIME FACULTY AND
HENCE NOT TENURED, SIMPLY
DO NOT REHIRE OR GIVE
APPOINTMENTS
IF FULL-TIME AND HENCE,
TENURED, THEN SCHOOL IS
INITIALLY UNDER OBLIGATION
TO CHECK ALTERNATIVE
MEASURES PACU ACADEMIC
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46
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FOR FACULTY TO BE RETAINED:
1. CHECK COSTS OF RETAINING
FACULTY VS COSTS OF HIRING NEW
FACULTY
2. REASSIGN QUALIFIED COLLEGE
FACULTY TO TEACH IN GRADES 11-
12, ASSUMING THERE ARE
COLLEGE FACULTY WHO WILL
AGREE TO DO SO
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THOSE WHOSE
SUBJECTS WILL BE
BROUGHT DOWN TO
11TH AND 12TH
GRADE:
MOVEMENT MAY BE
PERMANENT
THOSE WHO WILL NOT
BE GIVEN SUBJECT
LOADS FOR TWO
YEARS UPON
IMPLEMENTATION OF K-
12: TEMPORARY OR
PERMANENT LAY-OFF
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50
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EARLY
RETIREMENT
PACKAGE
VS.
RETRENCHMENT
OR REDUNDANCY
OR VOLUNTARY
REDUNDANCY
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CONSIDER:
1. ACTUAL COMPUTED
AMOUNTS
2. POSSIBLE TAX
EXEMPTION
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REQUIREMENTS FOR TAX
EXEMPTION OF EARLY
RETIREMENT BENEFITS
UNDER REP. ACT NO. 4917
•COMPANY RETIREMENT PLAN IS
REGISTERED WITH THE BIR
• COMPANY RETIREMENT PLAN GIVES
BENEFIT WHICH IS BETTER THAN THAT
PROVIDED BY REP. ACT NO. 7641
• EMPLOYEE MUST BE AT LEAST FIFTY (50) YEARS OLD AND MUST HAVE SERVED THE COMPANY FOR AT
LEAST TEN (10) YEARS IN ORDER THAT HIS
RETIREMENT BENEFITS MAY BE TAX EXEMPT. 53 PACU ACADEMIC
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54
TAX CODE Sec. 32 (B). Exclusions from Gross
Income. – The following items shall not be
included in gross income and shall be exempt
from taxation under this Title: xxx
(6) Retirement Benefits, Pensions, Gratuities, etc. –
xxx
(b) Any amount received by an official or employee
or by his heirs from the employer as a consequence of
separation of such official or employee from the
service of the employer because of death, sickness or
other physical disability, or for any cause beyond
the control of the said official or employee.
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55
FOR THOSE
FACULTY
RETAINED
DURING
TRANSITION
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ASSIGN GRADE 11-12
SUBJECTS OR FROM
BRIDGING PROGRAMS TO
QUALIFIED AND WILLING PROFESSORS FROM THE
COLLEGE LEVEL PACU ACADEMIC
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57
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FULL-TIME COLLEGE FACULTY
A) WITHOUT LOAD OR
B) NOT WILLING OR UNABLE TO
TEACH GR 11-12
RETRENCH-
MENT OR
EARLY
RETIREMENT
ASSIGN TO
RESEARCH
OR ADMIN
WORK FOR
TWO YEARS
AGREE TO
PUT ON
FLOATING
STATUS OR
SABBATICAL
WITHOUT
PAY PACU ACADEMIC
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58
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59
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FOR TWO YEARS
• same rates as
full-time;
• if not possible,
then by
agreement on a
temporary
basis
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FOR TWO YEARS
• same rates as
full-time;
• if not possible,
then by
agreement on a
temporary
basis
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TWG ON GUIDELINES FOR
LABOR COMPONENT OBJECTED
TO THIS OPTION AS TOO
COSTLY.
ACCEPTABLE ONLY IF THE
RESEARCH WORK WILL BE
FUNDED BY GOVERNMENT.
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IF RESEARCH WORK
UNACCEPTABLE, THEN
CONSIDER:
ASSIGNMENT TO NEW
COLLEGE COURSES OR
BRIDGING PROGRAMS
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• CREATE NEW COURSES THAT WILL
ENABLE CREATION OF SUBJECTS FOR
DISPLACED FACULTY
• CREATE A BRIDGING PROGRAM WITH
TARGET MARKET OF GRADUATES OF
OLD CURRICULA (PRE K-12), AS
INCENTIVE TOWARD THE ASEAN DEC 2015
FREE LABOR MARKET
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TARGET: DECEMBER 2015
Initiative for ASEAN
Integration (IAI)
and
Narrowing the
Development Gap (NDG)
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67
ASEAN unlikely to reach economic
integration by 2015 – ADB By SIEGFRID O. ALEGADO, GMA News October 24, 2013 6:56pm
ADB's report also noted the need to work
beyond 2015 to increase labor mobility
so that unskilled as well as skilled
workers can move across borders more
easily. Greater labor mobility will allow
the region to reap the full benefits of all
its other reforms.
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FLOATING
STATUS OR
SABBATICAL
LEAVE
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AGREE MENT TO PUT ON
FLOATING STATUS
• Floating status usually only for
six months (BUT parties may
agree to longer period)
• IF Faculty does NOT agree,
then separation pay via
retrenchment or redundancy or
early retirement PACU ACADEMIC
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70
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AGREEMENT
TO GO ON
SABBATICAL LEAVE
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Sabbatical leave is defined as a
prolonged absence from work in the
career of an academic employee
granted for the purposes of approved
scholarly or creative activity for
professional development or research
purposes. http://hr.ukzn.ac.za/HRReward-
Services/Benefits/Sabbaticalleave.aspx
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• With pay?
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• Without
pay?
SABBATICAL LEAVE
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AGREEMENT TO GO
ON SABBATICAL LEAVE
IF WITH PAY:
• University should have raised
funds earlier on to address the
increased financial burden of
this option
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AGREEMENT TO GO
ON SABBATICAL LEAVE
IF WITHOUT PAY
• Faculty must agree
• During two years, it is to be
understood that the faculty
employee can work elsewhere
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75
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• After lapse of two years (AY 2018)
and ASSUMING THAT FACULTY
STILL HAS SUBJECT LOADS, then
faculty returns – same position, rate,
and benefits, no loss of seniority but
2-year period not incl in service
years
• If faculty does NOT agree to
sabbatical without pay, then
retrenchment or redundancy or early
retirement PACU ACADEMIC
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76
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REDUNDANCY
OR
RETRENCHMENT
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OPTION D: REDUNDANCY
Where the services
of an employee are
IN EXCESS of what
is reasonably
demanded by the
actual requirements
of the enterprise
78
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PACU ACADEMIC
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OPTION D: REDUNDANCY
Where the services
of an employee are
IN EXCESS of what
is reasonably
demanded by the
actual requirements
of the enterprise
79
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• SEPARATION PAY: 1 month
pay or 1 month for every year of
service, whichever is higher
(fraction of 6 mos = 1 year)
• NOTICE to employee and
DOLE at least one month prior
to intended date of effectivity
REQUIREMENTS:
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• SEPARATION PAY: 1 month
pay or 1 month for every year of
service, whichever is higher
(fraction of 6 mos = 1 year)
• NOTICE to employee and
DOLE at least one month prior
to intended date of effectivity
REQUIREMENTS:
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OPTION E: RETRENCHMENT
to avoid serious business losses
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ARTICLE 283, LABOR CODE. “xxx In case
of retrenchment to prevent losses and in cases of closures or cessation of
operations of establishment or undertaking
not due to serious business losses or
financial reverses, the separation pay shall
be equivalent to one (1) month pay or at least
one-half (1/2) month pay for every year of
service, whichever is higher. A fraction of at
least six (6) months shall be considered one
(1) whole year.”
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Expected losses are substantial
Substantial losses, IF anticipated, must be reasonably imminent
Necessary and likely to prevent the expected losses
Losses, if already realized, must be proven by sufficient and convincing evidence
4 ELEMENTS OF RETRENCHMENT
86
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• SEPARATION PAY: 1 month
pay or 1/2 month pay for every
year of service, whichever is
higher (fraction of 6 mos = 1
year)
• NOTICE to employee and
DOLE at least one month prior
to intended date of effectivity
REQUIREMENTS:
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BEST PROOF OF
LOSSES IS THE
INDEPENDENT AUDITED
FINANCIAL STATEMENT.
VIRGILIO ANABE v. ASIAKONTRUCT 23 DECEMBER 2009 on
RETRENCHMENT; ILLEGAL DEDUCTIONS
88
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SECONDMENT
OF COLLEGE
PROFESSORS
TO THE
GOVERMENT
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SOURCE:
PROPOSED DOLE
ACTION PLAN ON THE
IMPLEMENTATION OF RA
10533
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TWO SCENARIOS
PROJECTED BY DEPED
ON NUMBER OF
TEACHERS NEEDED
FOR SHS PROGRAM IN
2017:
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SCENARIO ONE:
81,648 TEACHERS, if DepEd will
supply all teachers for public
SHS
Top five regions where most
number of teachers are needed:
Region 4A, NCR, 3, 6 and 7
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SCENARIO TWO.
51,165 TEACHERS, assuming that
400,000 of the 1.1 Million Grade 10
graduates of public JHS shifts to
private SHS every year
Top five regions where most
teachers are needed: Region 4A, 3,
NCR, 6 and 5.
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DIRECT HIRING
SHS VOUCHER SCHEME
SECONDMENT
PUBLIC PRIVATE
PARTNERSHIP
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DEPED and HEI with concurrence of
affected faculty member may forge a
MEMORANDUM OF AGREEMENT or
CONTRACT OF SECONDMENT to
implement a temporary movement of
affected faculty and non-teaching
personnel (guidance counselors,
librarians, medical personnel) from private
HEIs to DEPED during AYs 2016-2017 and
2017-2018
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DEPED shall pay the salaries and
benefits (due a regular govt
employee) of the seconded employee
who shall be considered ON
LEAVE WITHOUT PAY in his
University or College.
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After 2 years of service in
DepEd, he shall automatically
be restored to his/her position
in the University/College
WITHOUT AFFECTING THE
CONTINUITY OF HIS/HER
EMPLOYMENT (???)
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After 2 years of service in
DepEd, he shall automatically
be restored to his/her position
in the University/College
WITHOUT AFFECTING THE
CONTINUITY OF HIS/HER
EMPLOYMENT
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Those college faculty
who will be seconded
will have to undergo re-
training or re-tooling
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FREEZE HIRING
PRIOR TO
2016-2018
• ONLY PART-TIMERS
TO BE HIRED
• PRESENT FACULTY
TO BE PREPARED FOR
TRANSITION
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Considering that the rates of
the college professors are
different from that of the
basic elementary teachers,
will this be considered a
demotion or a diminution of
salaries?
102
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YES. This may go against Art. 100,
Labor Code which provides:
“Prohibition against elimination or
diminution of benefits. -- Nothing in
this Book shall be construed to
eliminate or in any way diminish
supplements, or other employee
benefits being enjoyed at the time of
promulgation of this Code.
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OPTIONS
1. Same rate as
the College
professors –
no problem
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2. Same rate as the Basic
Education teachers –
possibly diminution of
salary and hence, may only
be done with consent of
faculty
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3. Midway compromise between
college and basic education
rates -- possibly diminution of
salary and hence, may only be
done with consent of faculty
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4. If does not agree to
Options 1 or 3, then:
Retrenchment
Redundancy
Early Retirement Floating Status/Sabbatical without
pay/ secondment
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- FACULTY MOVEMENT TO 11TH-12TH
GRADES AND CONSEQUENT
DECREASE IN SALARY IS NOT TO
BE CONSIDERED A DIMINUTION IN
SALARY OR BENEFITS
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FOR THOSE INSTITUTIONS WITH
COLLECTIVE BARGAINING
AGREEMENTS:
110
Separation pay rates for
retrenchment will DEPEND on
the provisions of the CBA
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• May already initiate grievance or
LMC proceedings to discuss
transition period and POSSIBLE
MORATORIUM ON WAGE
INCREASE
111
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FOR FURTHER QUESTIONS:
PLEASE EMAIL OR CALL:
Ada D. Abad Cell: 0917-526-9732
Ofc: +632-844-0583/
+632-843-8621
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