Labor Code for Private Schools

Vincent D. DeocampoIII-A BSITE

Compensation

Section 90, MRPS - "Section 90. Compensation - Every private school provides for compensation policy where compensation ranges should be graded taking into account performance, merit and differences in the qualifications and responsibilities of various positions."

BASIC RULE: NO Salary Below Minimum Wage (could not be waived)REASON: The fixing of the minimum wage, though not necessarily a living or decent wage, benefits wage earners by providing rock-bottom wage to be paid to them by employers and below which the rate must not fall.

Rules on Salary Payment

That wages are to be paid in legal tender and that payment in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender is prohibited.

The wages shall be regularly paid directly to the worker concerned on working days ort near the workplace (No. 95 of the International Labor Organization).

The Law prohibits from limiting in any manner the freedom of the worker to dispose of his wage (Art. 6, Convention 95, of the International Labor Organization).

The law mandates that deductions from wages shall be permitted only under conditions prescribed by national laws, collective agreement or arbitration awards. (Art. 8, Convention 95 of the International Labor Organization)

Working Conditions

No compulsory assignments unrelated to teaching duties - Education Act of 1982

Magna Carta for Public School Teachers and was subsequently also made for applicable to faculty of private schools.◦ Teacher's Duties normally include:

1. classroom teaching2. co-curricular activities3. research4. community service

The principle of "extra pay for extra work" entitles private school teachers to supplemental pay for added work whether or not the latter is connected with their school functions. However, the extra assignment must be school-related for if it otherwise, teachers may refuse the task even if they are offered compensation for it.

Teachers must be given opportunity to choose career lines - in school administration, in classroom teaching, or others, for purposes of career advancement.

Prohibition Against Unusually Heavy Teaching Loads

Elementary teachers should not be given full charge of more than one class (or an equivalent load, where departmental teaching is concerned), secondary teacher, not more than six 40-minute periods of instruction. Full time college teachers, as a general rule, not more than 18 hours a week. - although the CHED, through several orders, has fixed the maximum teaching load of faculty members depending on the courses or subjects they handle - 18 units.

Tenure

Meaning of Security of Tenure - in cases of employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by law.

Probationary teachers generally security of tenure in the sense that during their probationary employment they cannot be dismissed except for a cause. However, upon the expiration of the contract of employment, academic personnel cannot claim security of tenure and compel the school to renew their employment contracts.

"Probationary" - one who is on trial by the school during which the institution determines whether or not he is qualified for regular employment.

"Probationary" - as used to describe the period of employment implies the purpose of the term or period but not its length.

By virtue of DOLE-DECS-CHED-TESDA Order No. 1, Series of 1996, the probationary for teaching or academic personnel shall not be more than three (3) consecutive school years of satisfactory service for the those in elementary and secondary schools, six (6) consecutive semesters of satisfactory level where collegiate courses are offered on a trimester basis. These specified periods are the maximum allowed and that under certain conditions, regular status may be achieved in less time.