THE K-12 TRANSITION ARE WE IN SYNCH? -...

PACU CEBU HR MGMT

SEMINAR ON K-12 013114

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THE K-12 TRANSITION:

ARE WE IN SYNCH? LEGAL AND LABOR IMPACT ON FACULTY

MEMBERS OF HIGHER EDUCATIONAL

INSTITUTIONS (HEIs)

PACU HUMAN RESOURCES SUMMIT 31 JANUARY 2014, 11AM-12NOON UNIVERSITY OF CEBU, CEBU CITY

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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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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One practical problem

posed to HED schools

would be the logistical

issue of faculty oversupply

during the years 2016-

2021 during the K-12

transition period.

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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)

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TO SUSTAIN OPERATIONS OF THE SCHOOL

DURING THE TRANSITION PERIOD

MANAGEMT

PREROGA-

TIVES

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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SOME 11th-12th GRADE

ELECTIVE SUBJECTS MAY BE

CREDITED TO COLLEGE

SUBJECTS IN FIELDS OF

SPECIALIZATION

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BRIDGING PROGRAM FOR

THOSE GRADUATES OF THE

OLD CURRICULUM, TO

“CATCH UP” WITH ASEAN 2015

INTEGRATION AND FREE

ECONOMY

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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

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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).

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WHAT WE KNOW

BY NOW:

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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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Based on slides of Dr. Isagani Cruz presented during 2013 CEAP National Convention

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2. WE KNOW THAT –

SOME COLLEGE

SUBJECTS ARE TO

BE PUSHED DOWN

TO 11TH AND 12TH

GRADES

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The college General Education curriculum

is being revised and will have fewer units.

WITH K TO 12, AND DEPENDING ON THE

INDUSTRY, THE COLLEGE CURRICULUM

MAY 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). 20

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EFFECT1:

SOME faculty movements will

become permanent

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3. WE KNOW –

WHO WE CAN

HIRE FOR

GRADES 11

AND 12

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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 --

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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:

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* BICAM MODIFICATION FROM

“MAY HIRE”.

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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

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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

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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.

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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.

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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




4. WE KNOW THAT THERE WILL BE NO

LOADING FOR TEACHERS FOR A 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

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this assumes the School already has

funds for this

this further assumes the faculty

given the study grant, WILL be

retained

Lastly, that things will go “back to

normal” and faculty given subject

loads after 2-year period

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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

OTHER CHOICES AFTER

GRADUATION: ACADEMIC,

TECH-VOC, SPORTS/ARTS

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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Who among the College Faculty,

will be transferred to Senior High

School (SHS) ?

1st year and 2nd year College

Faculty.

Their subject will be moved down

to Grades 11 and 12 of Senior

High School.

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WHO WILL DECIDE?

“x x x educational institutions have the right

to regulate all aspects of employment, such

as hiring, the freedom to prescribe work

assignments, x x x regulation regarding

transfer of employees, etc.”

The SCHOOL will decide.

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NUMBER OF

PERSONNEL

AND

TRANSFER OF EMPLOYEES

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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 CEBU HR MGMT


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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 WILL 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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EARLY

RETIREMENT

PACKAGE

VS.

RETRENCHMENT

OR REDUNDANCY

OR VOLUNTARY

REDUNDANCY

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CONSIDER:

1. ACTUAL COMPUTED

AMOUNTS

2. POSSIBLE TAX

EXEMPTION

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. 56 PACU CEBU HR MGMT


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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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FOR THOSE

FACULTY

RETAINED

DURING

TRANSITION

ASSIGN QUALIFIED AND

WILLING PROFESSORS

FROM THE COLLEGE LEVEL

TO GRADE 11-12 SUBJECTS

OR TO BRIDGING

PROGRAMS PACU CEBU HR MGMT


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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 CEBU HR MGMT


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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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MANAGEMENT

PANEL OF THE

TWG FOR LABOR

COMPONENT OF

K-12 OBJECTED

TO PROPOSAL:

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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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1. NOT ALL FACULTY CAN

DO RESEARCH

Research cannot be done by

just any Tom, Dick and Harry.

Research must be refereed

and published in local and

international publications, 66

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2. TOO COSTLY

By way of practice, the salary

of a faculty on research work is

lower than his current salary.

Research work is expensive

and not all Schools can afford

it.

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CANNOT MAINTAIN RESEARCH

RATES AT THE SAME LEVEL AS

TEACHING RATES.

IF LOWER RATES, THEN ISSUE

OF DIMINUTION.

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3. NOT THE PRIORITY OF COLLEGES

The conduct of research only applies

to universities. However, this is not a

primary thrust of colleges and other

educational institutions.

If ever colleges or other educational

institutions send faculty for research

work, they would want to have studies

that are related to their school’s core

competencies (e.g. engineering).

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ACCEPTABLE ONLY IF THE

RESEARCH WORK WILL BE

FUNDED BY GOVERNMENT.

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GOVERNMENT RESPONSE:

This may be explored as a window for

PUBLIC-PRIVATE PARTNERSHIP during the transition period in

accordance with the socio-economic

development of the country.

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Idea is that the government shall provide

for funds to strengthen capacities of

private educational institutions to send

faculty to conduct research works.

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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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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.

http://www.gmanetwork.com/news/archives/authors/siegfridoalegado

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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 early

retirement PACU CEBU HR MGMT


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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

http://hr.ukzn.ac.za/HRReward-Services/Benefits/Sabbaticalleave.aspx













• With pay?

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• Without

pay?

SABBATICAL LEAVE

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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• 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 early retirement

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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

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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

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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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pay or 1 month for every year of

service, whichever is higher

(fraction of 6 mos = 1 year)




REQUIREMENTS:

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OPTION E: RETRENCHMENT

to avoid serious business losses

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Why should

RETRENCHMENT

apply, and NOT

redundancy?

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Retrenchment is applied

TO PREVENT LOSSES OR

THE CLOSURE of an

establishment’s operation.

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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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With the implementation of K-

12, there will be

no freshmen enrollees in

2016

no freshmen and

sophomore enrollees in

2017

(and so on until 2021)

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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





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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It is certain that HEIs

will experience

HUGE LOSSES.

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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

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HOW IS

RETRENCHMENT

IMPLEMENTED?

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Procedural Requirements of

Retrenchment

1. Serve written notice to employees and

to DOLE (at least one month prior to

the intended date of retrenchment).

2. Use fair and reasonable criteria in

ascertaining who will be retrenched.

3. Pay the separation pay of retrenched

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pay or 1/2 month pay for every

year of service, whichever is

higher (fraction of 6 mos = 1

year)




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

106

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

FREEZE HIRING

PRIOR TO

2016-2018

• ONLY PART-TIMERS

TO BE HIRED

• PRESENT FACULTY

TO BE PREPARED FOR

TRANSITION

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HOW MUCH

WILL YOU

PAY A

COLLEGE

FACULTY

WHO WILL BE

TRANSFERRED

TO SHS?

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PACU CEBU HR MGMT


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?

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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.

Labor Proposal:

SALARY OF AFFECTED HEI FACULTY AND NON-

FACULTY MEMBERS WILL BE IN ACCORDANCE

WITH EXISTING SALARY AND COMPENSATION

PACKAGE

vs

Mgmt Proposal:

SALARY OF AFFECTED HEI FACULTY AND NON-

FACULTY MEMBERS WILL BE IN ACCORDANCE

WITH SHS SALARY AND COMPENSATION PACKAGE

FORMULATED BY SCHOOLS..



Labor View on NON-

DIMINUTION OF BENEFITS

Those who will be transferred

from College Faculty to SHS will

have:

Same rank

Same compensation

PACU CEBU HR MGMT


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PACU CEBU HR MGMT


MANAGEMENT

CANNOT AGREE.

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Different faculty ranking in

high school and faculty

ranking in college.

Different salary structure in

high school and salary

structure in college.

REASONS FOR

OBJECTION:

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MANAGEMENT POSITION

If there is an agreement, the

transfer CANNOT be

considered a diminution in

rank and diminution of

benefits. x x x"

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WHAT IS THE

VIEW OF THE

GOVERNMENT?

DIMINUTION OF BENEFITS

PRINCIPLE IS NOT BASED ON

LABOR CODE, BUT ON CIVIL CODE

ON MUTUALITY OF CONTRACTS.



MUTUALITY OF

CONTRACTS

AGREEMENTS CANNOT BE

ENFORCED OR WITHDRAWN

WITHOUT MUTUAL CONSENT

OF THE PARTIES.



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IF COLLEGE FACULTY AGREES WITH

SCHOOL AS TO THE TRANSFER WITH

FULL KNOWLEDGE AS TO ITS EFFECTS,

THE TRANSFER CANNOT BE CONSIDERED

AS DIMINUTION OF BENEFITS.

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OPTIONS

1. Same rate as

the College

professors –

no problem

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134

2. Same rate as the Basic

Education teachers –

possibly diminution of

salary and hence, may only

be done with consent of

faculty

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

Early Retirement Floating Status/

Sabbatical without pay/

secondment

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137

- 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:

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Separation pay rates for

retrenchment will DEPEND on

the provisions of the CBA

PACU CEBU HR MGMT


• May already initiate grievance or

LMC proceedings to discuss

transition period and POSSIBLE

MORATORIUM ON WAGE

INCREASE

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PACU CEBU HR MGMT


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FOR FURTHER QUESTIONS:

PLEASE EMAIL OR CALL:

Ada D. Abad Cell: 0917-526-9732

[email protected]

Ofc: +632-844-0583/

+632-843-8621

mailto:[email protected]

PACU CEBU HR MGMT


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