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Magna Carta for Public School Teachers and was subsequently also made for applicable to faculty of private schools. Teac

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COMPENSATION COMPENSATION | WORKING CONDITIONS | TENURE | DUE PROCESS

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." Section 74, TVET - "Section 74. Compensation - Every private TVET school/institution shall provide for a compensation policy where compensation ranges should be so graded taking into account performance, merit and differences in the qualifications and responsibilities of the 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. b. Basis of Minimum Wage/Salary The minimum wage for teachers varies from each municipality as adopted by the National and Regional Wage Board. For Inquiries regarding minimum wages click http://www.dole.gov.ph/ In fixing a floor wage/salary, the laws always speak of "a day" which is to be understood as "not more than eight (8) hours daily. c. Basic Principle in Salary Payment: "NO WORK, NO PAY" Unless specifically required by law, contract or established policy or practice, the employer is not bound to pay the salary to an employee who has not actually rendered any service. d. Facilities/Commodities as Part of Salary Article 97(f) of Labor Code states that salary may include the fair and reasonable value of board, lodging or other facilities customarily furnished by employer to the employee. This means that an employer may provide, for instance, food and housing to his employees, but he may deduct their values from employee's salary. Presently, the DOLE Secretary states that, as regards meals and snacks, the employer may deduct from the wages not more that 70% of the value of the meals and snacks enjoyed by the employees, provided that such deduction is authorized in writing by the employees and that the remaining 30% of the value has to be subsidized by the employer. For a lodging facility, its fair and reasonable value is determined to be the cost of operation and maintenance, including adequate depreciation plus reasonable allowance (but not more than 5 ½% interest on the depreciated amount of capital invested by the employer); provided that if the total so computed is more that the fair rental value (or the fair price of the commodities or facilities offered for sale), the fair rental value (or the fair price of the commodities or facilities offered for sale) shall be the reasonable cost of the operation and maintenance (Book III, Rule VII, Section 4, Implementing Rules and Regulations of the Labor Code). The rate of depreciation and depreciated amount computed by the employer shall be those arrived at under good accounting practice. In order that the cost of facilities furnished by the employer may be charged against an employee, his acceptance of such facilities must be voluntary. (Book III, Rule VII, Section 4, Implementing Rules and Regulations of the Labor Code) It must be pointed out here, that term "facilities" include only articles or services for the benefit of the employee or his family but shall not include tools for the trade or articles or service primarily for the benefit of the employer or necessary to the conduct of the employer's business. In other words, "facilities" should be distinguished from "supplements". For if "facilities" are wage-deductible; "supplements" are not (Book III, Rule VII, Section 5, Implementing Rules and Regulations of the Labor Code ). e. Rules on Salary Payment FIRST: 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. ( Art. 3, Convention No. 95 of the International Labor Organization) Thus, the Labor Code of the Philippines provide that- "No employer shall pay the wage of an employee by means of promissory notes, vouchers, coupon, tokens, tickets, chits, or any object other than the legal tender, even when expressly requested by the employee." (Art. 102, Labor Code of the Philippines) However, "x x x payment of wages by bank check, postal checks or money orders is allowed where such manner of wage payment is customary on the date of the effectivity of the (Labor) Code, where it is stipo\ulated in a collective agreement, or where all of the following conditions are met: 1) There is a bank or other facility for encashment within a radius of one kilometer from the workplace. 2) The employer or any of his agents or representatives does not receive any pecuniary benefits directly or indirectly from the arrangement. 3) The employees are given reasonable time during banking hours to withdraw their wages from the bank which time shall be considered as compensable hours worked if done during working hours; and 4) The payment by check is with the written consent of the employess concerned if there is no collective agreement authorizing the payment of wages by bank checks." (Rule VIII, Book III, Section 1, Implementing Rules and Regulations of the Labor Code of the Philippines) SECOND: 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). i) Payment to Employee Only The Labor Code provides that wages shall be paid directly to the workers to whom they are due except in the following casesa) Where the employer is authorized in writing by the employee to pay his wages to a member of the family; b) Where the payment to another person of any part of the employee's wages is authorized by existing law (Art. 105 of the Labor Code and Rule VIII, Book III, Section 5 of its Rules and Regulations ); c) In case of death of the employee, the payment of the wages shall be made to his heirs without the necessity of intestate proceedings. d) In case of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor in appropriate regulations, in which case the worker may be paid through another person under written authority given by the worker for the purpose (Art. 105a, Labor Code of the Philippines). ii) Frequency of Payment Wages shall be paid at least once every two weeks or twice a month at intervals not exceeding 16 days, unless payment cannot be made with such regularity due to force majeure or circumstances beyond the employer's control, in which case the employer shall pay the wages immediately after such force majeure or circumstances have ceased (Art. 103 of the Labor Code and Rule VIII, Book III, Section 5 of its Rules and Regulations );. The payment of wages of employees engaged to perform a task which cannot be completed in two weeks (for instance, a researcher hired by the school to do a particular study to be completed within a certain period), payment shall be made at intervals not exceeding 16 days in proportion to the amount of work completed, but final settlement must be made immediate upon completion of the work(Art. 105 of the Labor Code and Rule VIII, Book III, Section 5 of its Rules and Regulations ); . iii) Place of Payment The place of payment of wages, as a general rule, should be at or near the place of the undertaking (for instance, a school). (Art. 104 of the Labor Code and Rule VIII, Book III, Section 5 of its Rules and Regulations) Payment in a place other than the workplace is permissible only under the following circumstances- a) When payment cannot be effective or near the place of work by reason of the deterioration of peace and order conditions, or by reason of actual or impending emergencies caused by fire, flood, epidemic or other calamity rendering payment thereat impossible; b) When the employer provides free transportation to the employees back and forth; and c) Under any other analogous circumstances; provided that the time spent by the employees collecting their wages shall be considered as compensable hours worked (Art. 104 of the Labor Code and Rule VIII, Book III, Section 5 of its Rules and Regulations );. THIRD: 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). Article 112 of the Labor Code provides- "Non-interference in disposal of wages. No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not any manner force, compel, or oblige his employees to purchase merchandise, commodities, or other property from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person. FOURTH 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) The following deductions are authorized by law - a) Deduction from facilities damaged by an employer (Section 7, Rule VII, Book III, Implementing Rules and Regulations of the Labor Code); b) Deductions for loss or damage to tools, materials or equipment supplied by the employer in trades, occupation or business where the practice of making deductions is recognized (Section 14, Rule VII, Book III, Implementing Rules and Regulations of the Labor Code); c) Deductions for a demandable debt due the employer (Art. 1706, New Civil Code of the Philippines); d) Deductions for income tax or withholding tax (Sections 71-76 of the National International Revenue Code of the Philippines); e) Deductions for Social Security premiums (Republic Act No. 1161); f) Deductions for Medicare premiums (PD 1519 as amended); g) Deduction for Pag-Ibig Contributions of the employee (PD 1752 as amended); h) Deductions for employees compensation premiums (PD 1752 as amended by Republic Act 7742); i) Deduction of union dues in case of a check-off agreement between the employee or union and the employer Where a uniform is required by the employer, the cost thereof may not be deducted from the employee's wages (Salvatierra,et al vs. Sugar Cinerama, NLRC Case No. R04-8-4194-74, 02 August 1975). No Deposits for Loss or Damage As a general rule, an employer cannot require his worker to make deposits to answer for loss or damage to tools, materials or equipment supplied by the employer, except in the following cases: a) when the employer is engaged in such trade, occupation or business where the practice of requiring deposits is recognized; or b) where the deposit is necessary as determined by the Secretary of Labor and Employment. Deduction from the wages for the actual amount of the loss or damage shall be valid only if the four requisites provided for in the above are present. No Withholding of Wages "Art. 116. Withholding of Wages and Kickbacks Prohibited. - It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of the worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or dismissal or by any means whatsoever without the consent of the worker." The foregoing provision is intended to protect the employees from unscrupulous practices that diminish their compensation without their knowledge and consent. Deductions to Ensure Employment "Art. 117. Deductions to Ensue Employment - It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment." No Deductions as a Retaliatory Measure Art. 118. - It shall be unlawful for any employer to refuse pay or reduce the wages and benefits, discharge or in any manner discriminate against employee who has filed any complaint or instituted any proceeding under his Title or has testified or is about to testify in such proceedings." This section prohibits an employer from taking retaliatory measures (such as reduction of wages, non-payment of wages and benefits, dismissal and discrimination) against an employee who has testified or has filed a complaint to enforce his right under Title II of the Labor Code. Thus to dismiss an employee simply because he has filed a complaint for violation of the minimum wage is unlawful and may subject the employer to criminal liability. Salary Increase As a Result of Tuition Fee Increase There is no law that requires private schools to adhere to the use of the tuition fee increment as an increase in salary. The school administration is given discretion on how to distribute the 70% allocation from the increase in tuition fee income. The only limitation is that the amount must "x x x go to the payment of salaries, wages, allowances and other benefits of x x x " the school personnel. Statutory Monetary Benefits First: Private school teachers are entitled to holiday pay. (Book III, Title 1, Chapter III, Art. 94 of the Labor Code) Private school teachers who are paid on an annual basis and are engaged in a school work other than teaching should be paid the daily rate even during regular holidays. On the other and, school personnel paid on a monthly basis who receive their salary throughout the year regardless of the actual number of working days per month, are deemed paid for the 10 regular holidays and are no longer entitled to additional pay. Private school teachers in the college level are not entitled to holiday pay for the regular holiday falling within the semestral vacation, although they are entitled to be paid for holidays falling within the Christmas break and personnel earning a daily wage who are paid for the actual number of days worked are not entitled to holiday pay (assuming, naturally, that they do not work on these holidays) since these are considered "no class" days. Private school teachers are entitled by law to "premium pay" or additional compensation for work performed within eight hours on non-working days such as rest days, regular and special holidays. Art. 93 of the Labor Code - "Compensation for Rest Day, Sunday or Holiday Work" a) Where an employee is made or permitted to work on his scheduled rest day, he shall paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. Art. 94 further provides - The employer may require an employee to work on any (regular) but such employee shall be paid a compensation equivalent to twice his regular rate. When teachers work more than the regular daily working hours, they are entitled to overtime pay. (Art 87 of the Labor Code) Teachers should be given a "service incentive leave" or its equivalent. Art. 95 of the Labor Code provides right to "service incentive leave" a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. b) This provision shall not apply to those who are already enjoying the benefit herein provide; those enjoying vacation leave with pay of at least five days. Teachers who are required to go on leave with pay during the summer, semestral and Christmas breaks are no longer entitled to the service incentive leave. They cannot demand the delivery of their vacation leave at another time of the year, particularly during school days. Presidential Decree No. 851 requires schools to pay their teachers and rank and file employees a 13th month pay not later than December 24 of every year regardless of the amount of their salary, provided they have worked for at least one month during the calendar year. Overload Pay - DOLE-DECS-CHED-TESDA Order No. 02, Series of 1996 Overload is essentially a temporary arrangement resorted to when there is no teacher available to teach the subject/course as part of his regular teaching load. Overload constitutes overtime work and thus entitled to overtime pay. Every pregnant private school employee, whether married or unmarried, is entitled to maternity. Every married male employee of the school is entitled to a paternity leave with pay. Paternity Leave Act - "x x x married employee in the private and public sectors shall be entitled to a paternity leave of seven days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabitating" A teacher who is a solo parent is entitled to a Parental Leave. - Solo Welfare's Act of 2000

WORKING CONDITIONS COMPENSATION | WORKING CONDITIONS | TENURE | DUE PROCESS

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 teaching 2. co-curricular activities 3. research 4. 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 Because no instruction is can be effectively given over a prolonged period if teachers carry unusually heavy teaching load 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 40minute 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. Although the MRPS no longer provides for maximum class size for obvious reasons schools should not compel teachers to handle unreasonably large classes. According to the MRPS, the enrollment and the class size per subject are determined by the total absorption capacity of the school's facilities, the level of instruction, the nature of the subject, and such as other factors as may be conducive to learning process.

TENURE COMPENSATION | WORKING CONDITIONS | TENURE | DUE PROCESS

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 Academic Personnel 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. Being in the nature of a "trial period," the essence of a probationary period of employment fundamentally lies in the purpose or objective sought to be attained.by both the employer and employee during said period. Length of time is immaterial in determining the correlative rights of both in dealing with each other during said period. 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. Technical Vocational Institutions The TVET Manual has now reduced the probationary period for the academic personnel of technical and vocational schools to a maximum of two (2) consecutive school years or four (4) regular semesters of satisfactory service, and six (6) consecutive trimesters of satisfactory service for those in the trimester basis. Security of Tenure of Regular /Permanent Academic Personnel As soon as the academic personnel acquire regular status, his/her security of tenure is no longer limited by the term/period as stated in the contract of employment. Hence the academic personnel is assured of his/her employment and therefore cannot be dismissed or subject to professional penalization except on grounds other than professional incompetence or misconduct that in the judgment of his/her colleagues renders him/her unfit for membership in the academic community.

DUE PROCESS COMPENSATION | WORKING CONDITIONS | TENURE | DUE PROCESS

DUE PROCESS is the right of the accused to be afforded the opportunity for hearing and defense, specifically: 1. Procedural Requirement (process) - duty to accord a hearing, to give interested party to present his/her side, evidence to counter charge/s; and 2. Substantive Requirement (has basis) - action (by employer or one with judicial authority) is valid based on law or rule with proper objective or purpose. Requisites of Procedural Process 1. There must be an impartial court or tribunal clothed with judicial power to hear and determine the power before it. 2. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding. 3. The defendant must be given an opportunity to be heard. 4. Judgment must be rendered upon lawful hearing. Requisites of Due Process 1. Duty to accord a hearing, to give each interested party an opportunity to present his own causes and to submit evidence in support thereof. 2. Duty to consider evidence presented 3. Duty to act on its or his own independent consideration of the law and facts of the controversy. 4. Duty of having its finding or conclusions supported by substantial evidence or preponderance of evidence. 5. Duty to consider only the evidence presented at the hearing or at least contained in the record and disclosed to the parties. 6. Duty to render its decisions in such a manner that the parties to the proceedings can know the various issues involved and the reason for the decision rendered. COMPENSATION | WORKING CONDITIONS | TENURE | DUE PROCESS

Published Year 2003. All rights reserved.

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