CEAP- FAPE SECOND SUMMIT ON K-12 … transition: legal and labor aspect atty. ada d. abad ... iloilo...

CEAP- FAPE

SECOND SUMMIT ON

K-12 TRANSITION:

LEGAL AND LABOR ASPECT

ATTY. ADA D. ABADCEAP LEGAL COUNSEL

11 February 2013 at Sarabia Manor, Iloilo CityCEAP FAPE 2ND K-12 TRANSITION

ILOILO SUMMIT 021113 1

CEAP FAPE 2ND K-12 TRANSITION ILOILO SUMMIT 021113 2

FRAMEWORK OF TALK:

1. BASIS OF FRAMEWORK

2. CONCERNS RAISED DURING

SUMMIT

3. POSSIBLE SCENARIOS AND

OPTIONS

• DECISION TREES

• POSSIBLE ADVANTAGES AND

DISADVANTAGES4. SALARY RATES IN GR11-12

CEAP FAPE 2ND K-12 TRANSITION ILOILO SUMMIT 021113

One of the

main thrusts of

President

Noynoy’s

administration

is educational

reform through

the K-12

program.

3


Aside from curriculum

revision, one practical

problem posed to Basic Ed

schools would be the

logistical issue of faculty

movement and resources that

would be required for the shift

to the K-12 program.

4


BASIC DOCUMENTS:

1. Bicameral Report on K-12 (29 Jan

2013)

1.1 Senate Bill 3266 prepared by

Committee on Education

1.2 House Bill (In substitution of

House Bill Nos. 2182, 3479, 4199, 4219 and House Resolution No. 12)

6


2. DepEd Senior High School

Curriculum (as of Oct 2012 work

in progress)

3. DepEd K-12 Basic Education

Program (www.gov.ph/k-12)

7

http://www.gov.ph/k-12


• FINANCIAL FEASIBILITY OF ADDITIONAL TWO

YEARS OF SENIOR HIGH SCHOOL (SHS)

• SENIOR HIGH SCHOOL (SHS) CURRICULUM

• FACULTY MOVEMENT AND RESOURCES TO

SENIOR HIGH SCHOOL (SHS)

• FACULTY COMPENSATION FOR THOSE

TEACHING IN SENIOR HIGH SCHOOL (SHS)

8


FIRST CONCERN POSED

DURING JUNE 2012 SUMMIT:

Whether the School

would have sufficient

resources to put up a

senior high school

facility (Grades 11

and 12), to add to its

present ten-year

basic education

program.9


ANSWERS/PROPOSALS:

1. EXPANSION OF EGASTPE LAW

through existing programs in

Republic Act No. 8545:

• Tuition fee supplements

• Educational Service Contracting

scheme

• Education Loan fund

2. PUBLIC-PRIVATE PARTNERSHIP

10


SECOND

CONCERN:

What are the

minimum academic

qualifications for

teachers that will be

assigned or hired to

teach basic

education viz.,

Grades 11 and 12?

11


ANSWER:

BOTH HOUSE AND SENATE BILLS

DO NOT PROVIDE FOR THE MINIMUM

ACADEMIC QUALIFICATIONS FOR

TEACHING IN THE SENIOR HIGH

SCHOOL.

AS SUCH: EXISTING PROVISIONS OF THE

MANUAL OF REGULATION FOR PRIVATE

BASIC EDUCATION (MORSPBED) IS STILL

TO BE FOLLOWED.12

CEAP FAPE 2ND K-12 TRANSITION


A. FOR PRE-SCHOOL AND ELEMENTARY

(MORPSBED)

Section 70. Minimum Qualifications of a

School Teaching Personnel. The school

teaching personnel in pre-school, elementary and

secondary level of basic education in all private schools

shall possess appropriate educational

qualifications and must pass the

Licensure Examination for Teacher (LET).

The minimum educational qualification for school

teaching personnel in the kindergarten and elementary

levels shall be a bachelor’s degree in education.


The school teaching personnel in the secondary

level of instruction shall have the following

minimum educational qualifications:

For academic subject – a bachelor’s degree in

education, of equivalent, or a bachelor’s of arts,

with such additional number of professional

education subjects as may be required, to teach

largely in their major or minor fields of

concentration.

For vocational subjects – a graduate of any

bachelor’s degree, with knowledge of the

vocational courses to be taught.



B.1 Undergraduate courses

Holder of Master’s Degree, to teach largely

in his major field, and where applicable, a

holder of appropriate professional license

requiring at least a bachelor’s degree for

the professional courses.

However, in specific fields where there is a dearth

of holders of Master’s degree, a holder of a

professional license requiring at least a bachelor’s

degree may be qualified to teach. Any deviation

from this requirement will be subject to regulation

by the Commission.

B. FOR TERTIARY LEVEL (Sec 35, MORPHE)



Holder of valid certificates of

registration/ professional licenses

and professional identification cards,

or special temporary permits, or a

valid certificate of competency for the

profession issued by the Commission

– if teaching subjects for licensure

examination (Rep. Act 8981, Sec. 13

[2000])


THIRD CONCERN:

IS THE PASSING OF

THE LICENSURE

EXAMINATION FOR

TEACHERS (LET) A

NECESSARY ELEMENT

FOR HIRING TEACHERS

IN THE SENIOR HIGH

SCHOOL (GRADES 11

AND 12)?

17



EXISTING LAW:

“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])


ANSWER PER BICAM BILL:

GENERAL RULE:

MUST HAVE PASSED LICENSURE

EXAMINATION UNDER REPUBLIC ACT

7836, AS AMENDED BY REP. ACT NO.

9293 (PER BOTH SENATE AND HOUSE

BILLS), WITH CERTAIN EXCEPTIONS -

-

19


EXCEPTIONS PROVIDED BY

SEC 8, BICAM REPORT:

“Notwithstanding RA 7836, DepEd

and private educational

institutions SHALL ⃰ hire, as

may be relevant to a particular

subject:

20

* BICAM MODIFICATION FROM “MAY HIRE”.


1. GRADUATES OF SCIENCE, MATHEMATICS,

STATISTICS, ENGINEERING, MUSIC AND

OTHER DEGREE COURSES WITH

SHORTAGES IN QUALIFIED LETAPPLICANTS 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

21


2. FACULTY OF HIGHER EDUCATIONAL

INSTITUTIONS SHALL BE ALLOWED TO

TEACH IN THEIR GENERAL EDUCATION OR

SUBJECT SPECIALTIES IN THE SECONDARY

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 (THUS, ALREADY A

REGULAR/ PERMANENT FACULTY)

22


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.

23


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.

24


FOURTH

CONCERN:

HOW WILL K TO

12 AFFECT THE

COLLEGE

CURRICULUM?

25


ANSWER:

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).

26

Per proposed curriculum, there

will be 1st YEAR GE subjects

moved down to 11th -12th grades.

EFFECT: SOME faculty

movements may have to

become permanent



Proposed SHS curriculum (discussed and approved by K-12 Steering Committee

as of 20 July 2012; 54 hours = 3 units)

28

SCENARIO 1:

BASIC

EDUCATION

SCHOOL DOES

NOT SET UP AN

11TH AND 12TH

GRADE; NO

COLLEGE LEVELCEAP FAPE 2ND K-12 TRANSITION


PARAMETERS OF

SCENARIO 1:

1. K-12 FULLY IMPLEMENTED

2. AY 2016-2017

AY 2017-2018

GRADES 11TH

AND 12TH NOT

TO BE SET UP

3. NO COLLEGE LEVEL


1.1 NO ADDITIONAL

REQUIREMENT FOR

FACULTY AND

HENCE, NO

MOVEMENT


1.2 SCHOOL GIVES

CERTIFICATE FOR

JUNIOR HIGH SCHOOL, AND RELEASES TRANSFER

CREDENTIALS FOR JUNIOR

HIGH SCHOOL GRADUATE


1.3 SCHOOL MAY COME UP

WITH MEMORANDUM OF

AGREEMENT AS FEEDER

SCHOOL TO:

A STAND-ALONE 11-12TH

GRADE SCHOOL OR

ANOTHER SCHOOL WITH

11-12TH GRADES OR

CONSORTIUM SENIOR HIGH

SCHOOLCEAP FAPE 2ND K-12 TRANSITION


• NO ADDITIONAL EXPENSES

• NO LOGISTICAL PROBLEM

ON FACULTY MOVEMENT


• POSSIBILITY THAT SCHOOL

MAY LOSE SOME OF THE HIGH

SCHOOL GR7-10 MARKET AS

PARENTS WOULD WANT

INTEGRATED SENIOR HIGH

SCHOOL CEAP FAPE 2ND K-12 TRANSITION


SCENARIO 2:

BASIC

EDUCATION

SCHOOL WILL

SET UP 11TH AND

12TH GRADES; NO

COLLEGE LEVEL


PARAMETERS OF

SCENARIO 2:


2. AY 2016-2017

AY 2017-2018

GRADES 11TH

AND 12TH TO BE

SET UP BY

SCHOOL

3. NO COLLEGE LEVEL



2.1 CHECK WHETHER THE

SCHOOL’S PRESENT

FACULTY COMPLEMENT

HAVE THE NECESSARY

NUMBERS TO ADDRESS

THE ADDITIONAL TWO

(2) YEARS

39

2.2 IF PRESENT FACULTY

COMPLEMENT

SUFFICIENT TO

ADDRESS THE 11TH-12TH

GRADES REQUIREMENT,

THEN SIMPLY ASSIGN

SUBJECTS TO THEM.

CONSIDER OVERLOAD


2.3 IF PRESENT FACULTY

COMPLEMENT IS NOT

SUFFICIENT TO

ADDRESS THE 11TH-12TH

GRADES REQUIREMENT,

THEN SCHOOL MUST

HIRE NEW FACULTY


• DUE TO CREATION OF SENIOR

HIGH SCHOOL, STUDENTS CAN

COMPLETE THEIR ENTIRE BASIC

EDUCATION COURSE IN THE

SCHOOL

• POSSIBLY HIGHER ENROLMENT

FROM TRANSFERREES OF

SCHOOLS WITHOUT 11TH-12TH GRCEAP FAPE 2ND K-12 TRANSITION


• IF FACULTY IS NOT SUFFICIENT,

SCHOOL MUST HIRE NEW

FACULTY

• ADDITIONAL EXPENSES TO BE

INCURRED FOR FACILITIES

AND FACULTY PAY


• IF FACULTY IS SUFFICIENT,

LOGISTICAL PROBLEMS ON

FACULTY MOVEMENT,

PRIORITIZATION AS TO

ASSIGNMENTS WILL ARISE

• MINOR ISSUE ON PAY RATE (TO BE DISCUSSED LATER)


SCENARIOS ON HIRING OF FRESH

GRADUATES PER SENATE BILL:

GENERAL RULE: LET PASSER

EXCEPTION:

1. College graduates in areas with

shortage of LET applicants to teach

largely in field of specialization

a. If full-time, must take LET within 5

years

b. If part-time only, no LET neededCEAP FAPE 2ND K-12 TRANSITION



If hiring Fresh Graduates for possible

FULL-TIME position, then may be

contracts with same policies and

requirements as probationary faculty

PROBLEM:

Not in synch with requirements for regular

or permanent status under MORPHE viz., 3

consecutive years of satisfactory full-time

teaching vs. 5 years to take LET

46


POSSIBLE SOLUTIONS:

• stick with 3-years; otherwise, will

become regular/permanent

• If not possible, agreed extension

of prob employment

• If not possible, reversion to part-

time

47


2. Hire PERMANENT/REGULAR

COLLEGE FACULTY TEACHERS who

will teach PART-TIME in Secondary

education, for subjects within field of

specialization

3. Hire PRACTITIONERS who will teach

PART-TIME in Secondary education, for

subjects within field of specialization

4. TECH-VOC

48

SCENARIO 3:

BASIC

EDUCATION

SCHOOL WILL

SET UP 11TH AND

12TH GRADES;

WITH COLLEGE

LEVELCEAP FAPE 2ND K-12 TRANSITION


SCENARIO 4:

COLLEGE LEVEL; WITH OR WITHOUT

BASIC ED SCHOOL

BUT PUTTING UP

11TH- 12TH GRADES


PARAMETERS OF

SCENARIOS 3 & 4:


2. AY 2016-2017

AY 2017-2018

(2018- 2020)

NO FIRST YEAR

COLLEGE

STUDENTS

(PLUS EFFECT)

3. WITH BOTH BASIC ED AND COLLEGE

LEVELS; OR PUTTING UP SENIOR HIGH

SCHOOL


IN SCENARIOS 3 & 4, YOU

HAVE A COLLEGE WHICH WILL

HAVE NO 1ST YEAR COLLEGE

ENROLLEES FOR ACADEMIC

YEARS 2016-2017 AND 2017-

2018, WHEN THE K-12 IS FULLY

IMPLEMENTED AND 11TH-12TH

GRADES IN TRANSITION



NOTE FURTHER, THAT THERE

WILL BE A RESULTANT EFFECT

FOR THE YEARS 2018-2024 WHEN

THE HIGHER YEAR LEVELS WILL

ALSO SUFFER HUGE DECLINES

IN ENROLLMENT AS THE K-12 IS

FULLY IMPLEMENTED.


1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR

2016-2017 NO 1ST YEAR OKAY OKAY OKAY

2017-2018 NO 1ST YEAR OKAY OKAY OKAY

2018-2019 OKAY NO 2ND YEAR OKAY OKAY

2019-2020 OKAY NO 2ND YEAR OKAY OKAY

2020-2021 OKAY OKAY NO 3RD YEAR OKAY

2021-2022 OKAY OKAY NO 3RD YEAR OKAY

2022-2023 OKAY OKAY OKAY NO 4TH YEAR

2023-2024 OKAY OKAY OKAY NO 4TH YEAR

2024-2025 OKAY OKAY OKAY OKAY

WHAT TO DO WITH COLLEGE PROFESSORS IN THE 1ST AND 2ND

YEAR LEVELS (AND OTHER LEVELS) WHO WILL NOT HAVE LOAD FOR TWO YEARS PER CHART?

PROBLEM:



SUGGESTIONS:

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


NOT TO

RETAIN

FACULTY DURING

TRANSITION


EARLY

RETIREMENT

PACKAGE

VS.

RETRENCHMENT

OR REDUNDANCY


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.63CEAP RETIREMENT FUND


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.


TO RETAIN

FACULTY

DURING

TRANSITION

ASSIGN GRADE 11-12

SUBJECTS TO

QUALIFIEDPROFESSORS FROM THE

COLLEGE LEVEL


FROM AMONG EXISTING

COLLEGE FACULTY


SORTING HAT

COLLEGE

PROF –

LICENSED

Bed

TEACHER

COLLEGE

PROF –

WITHOUT

LICENSURE

EXAM; check

also FULL-TIME

AND PART-TIMECEAP FAPE 2ND K-12 TRANSITION


IF PART-TIME 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


TO BE GIVEN PRIORITY IN

ASSIGNMENT OF 11TH-12TH

GRADE SUBJECTS

COLLEGE PROFESSOR WHO IS ALSO LICENSED

Bed TEACHER


THOSE WHO

ARE WILLING

TO TEACH

GR 11-12

FROM AMONG EXISTING FULL-

TIME COLLEGE FACULTY

THOSE WHO

ARE NOT

WILLING TO

TEACH

GR 11-12CEAP FAPE 2ND K-12 TRANSITION


FULL-TIME COLLEGE PROF

WILLING TO TEACH GR 11-12

ENABLING LAW

ALLOWS COLLEGE

PROFESSORS TO

TEACH GR11-12ONLY PART-TIME

THOSE WILLING

TO TAKE

LICENSURE EXAM

IN TIME FOR 2021 (5 YEARS FROM 2016?) FOR

POSSIBLE FULL-TIME


FULL-TIME COLLEGE PROF NOT WILLING OR UNABLE

TO TEACH GR 11-12

RETRENCH-

MENT OR

REDUNDANCY

OR EARLY

RETIREMENT

ASSIGN TO

RESEARCH

OR ADMIN

WORK FOR

TWO YEARS

AGREE TO

PUT ON

FLOATING

STATUS OR

SABBATICAL

WITHOUT

PAYCEAP FAPE 2ND K-12 TRANSITION ILOILO SUMMIT 021113 74

• EXISTING FACULTY CAN BE

RETAINED, IF ALL AGREE TO

TEACH IN GRADES 11-12

DURING TRANSITION

• HOPEFULLY NO CHANGE IN THE

RATE OF STUDENT ENROLMENT


• DISARRAY IN THE FACULTY BUILD

UP, IF MOST DO NOT AGREE TO

TEACH GR 11-12

• IN CHOOSING TO HAVE A

COMPROMISE ON RATES AND/ OR

SEPARATION PAY TO FACULTY,

SCHOOLS WILL HAVE TO INCUR

HIGH ADMIN EXPENSESCEAP FAPE 2ND K-12 TRANSITION


SCENARIO 5:

STAND-ALONE

COLLEGE OR

UNIVERSITY

WITHOUT K-12

NO 1ST AND 2ND

YEAR STUDENTS

2016-2018 (AND

EFFECT AFTER)CEAP FAPE 2ND K-12 TRANSITION ILOILO SUMMIT 021113 77

PARAMETERS OF

SCENARIO 5:


2. AY 2016-2017

AY 2017-2018

(AND EFFECTS AFTER)

NO FIRST YEAR

COLLEGE

STUDENTS

3. COLLEGE LEVEL ONLY; NO BASIC EDUC

FEEDER SCHOOL AND WILL NOT PUT UP

SENIOR HIGH SCHOOL


FULL-TIME COLLEGE PROF WITHOUT ANY SUBJECT LOAD

FOR TWO YEARS

RETRENCH-

MENT OR

REDUNDANCY

OR EARLY

RETIREMENT

ASSIGN TO

RESEARCH

OR ADMIN

WORK FOR

TWO YEARS

AGREE TO

PUT ON

FLOATING

STATUS OR

SABBATICAL

WITHOUT

PAYCEAP FAPE 2ND K-12 TRANSITION ILOILO SUMMIT 021113 79

• POSSIBLE TO RETAIN ENTIRE

FACULTY, IF ALL CAN BE

ACCOMMODATED TO ADMIN OR

RESEARCH POSITIONS

• LESS ADMIN COSTS


• INCUR HIGH EXPENSES ON

SEPARATION PAY AND / OTHER

BENEFITS, IF ALL HAVE TO BE

RETRENCHED OR DECLARED

REDUNDANT

• POSSIBILITY OF CLOSURE OF

SCHOOL / BANKRUPTCYCEAP FAPE 2ND K-12 TRANSITION


ASSIGN TO

RESEARCH OR

ADMIN WORK FOR

TWO YEARS

• same rates as full-

time;

• if not possible, then

by agreement on a

temporary basis CEAP FAPE 2ND K-12 TRANSITION


AGREE MENT TO PUT ON

FLOATING STATUS

• Floating status usually only

for six months;

• Otherwise separation pay via

retrenchment or redundancy

or early retirement



Traditionally invoked by security agencies when guards are temporarily sidelined from duty while waiting to be transferred or assigned to a new post or client,Article 286 of the Labor Code has been applied to other industries when, as a consequence of the bona fide suspension of the operation of a business or undertaking, an employer is constrained to put employees on floating status for a period not exceeding six months.

86


The rule is settled, however, that "off-detailing" is not equivalent to dismissal, so long as such status does not continue beyond a reasonable time and that it is only when such a "floating status" lasts for more than six months that the employee may be considered to have been constructively dismissed.

A complaint for illegal dismissal filed prior to the lapse of said six-month and/or the actual dismissal of the employee is generally considered as prematurely filed

87

AGREEMENT TO GO

ON SABBATICAL LEAVE

• With pay OR without pay?

• If without pay, faculty must

agree

• During two years, it is to be

understood that the faculty

employee can work elsewhere


• After lapse of two years (AY 2018)

and everything back to normal, then

faculty returns – same position,

rate, and benefits, no loss of

seniority

• If faculty does not agree to

SABBATICAL without pay, then

retrenchment or redundancy or early retirement



Where the services

of an employee are

IN EXCESS of what

is reasonably

demanded by the

actual requirements

of the enterprise

91

• 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:



CALTEX vs. NLRC, 536 SCRA 175 (OCT 2007)

Reiteration of requirements for redundancy

program --

GOOD FAITH IN ABOLISHING THE

REDUNDANT POSITION;

FAIR & REASONABLE CRITERIA IN

ASCERTAINING WITH POSITIONS ARE TO BE

DECLARED REDUNDANT AND ACCORDINGLY

ABOLISHED

93

OPTION E: RETRENCHMENT

to avoid serious business losses


• 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:



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

96


CRITERIA IN DETERMINING WHO MAY BE RETRENCHED

The Court has laid down the principle that in

selecting the employees to be dismissed, a fair

and reasonable criteria must be used, such as but

not limited to:

(a) Less preferred status (e.g., temporary

employee),

(b) Efficiency (performance evaluation); and

(c) Seniority (Last-in, First-out rule).

Golden Thread Knitting vs. NLRC, 304 SCRA 568 [March 1999]

97


VIRGILIO ANABE v. ASIAKONTRUCT23 DECEMBER 2009 on RETRENCHMENT; ILLEGAL DEDUCTIONS

BEST PROOF OF LOSSES IS THE

INDEPENDENT AUDITED FINANCIAL

STATEMENT.

While NLRC may receive evidence on appeal, note that

burden of proof is upon employer. Company inexplicably

submitted financial statement TWO YEARS after case

was filed and pending appeal, ONLY AFTER it received

ADVERSE decision of labor arbiter. Note that no

Financial Statements were further submitted to SEC

during the time material to the inquiry.

98

ASSIGN OR

SECOND THE

COLLEGE

PROFESSORS

TO THE

CONSORTIUM



ASSUMPTIONS:

1. Enabling law allows for college

professors to teach grades 11-

12 during the transition

2. School is a member of the

consortium that will put up the

Senior High School (Gr 11-12)

100


ISSUES:

1.WILL THE CONSORTIUM

SCHOOL BE CONSIDERED

A SEPARATE JURIDICAL

ENTITY?

101


IF NO, THEN:

LOGISTICAL PROBLEM ON HOW

AND WHO WILL HANDLE

FINANCIAL, ADMINISTRATIVE AND

REPORTORIAL REQUIREMENTS OF

THE CONSORTIUM

STANDARDIZATION OF RATES OF

THE PROFESSORS/TEACHERS

102


IF YES, THEN :

AFTER TRANSITION PERIOD, WILL THE

COLLEGE PROFESSORS RETURN TO

THEIR BASE SCHOOL?

IF TRANSFER IS PERMANENT, THEN

WHAT HAPPENS TO THE YEARS OF

SERVICE OF THE TRANSFERRED

FACULTY? NOTE THAT ORIGINAL

SCHOOL MUST HAVE SEPARATED THEM (REDUNDANCY, RETRENCHMENT OR EARLY RETIREMT)

103

FREEZE HIRING

PRIOR TO

2016-2018

• ONLY PART-TIMERS

TO BE HIRED

• PRESENT FACULTY

TO BE PREPARED FOR

TRANSITIONCEAP FAPE 2ND K-12 TRANSITION

ILOILO SUMMIT 021113104


105


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?

106


107

OPTIONS

1. Same rate as the Basic

Education teachers –

possibly diminution of salary

and hence, may only be done

with consent of faculty


108

2. Same rate as the College

professors – no problem

3. Midway compromise between

college and basic education

rates -- possibly diminution of

salary and hence, may only be

done with consent of faculty


109

4. If does not agree to

Options 1 or 3, then:

Retrenchment

Redundancy

Floating Status

Early Retirement


110


“Teacher-in-Transition”

Development Programs

(TITDP):

encourage faculty who may still be

given loads to take LET or

Masters/Doctorate during 2-year

interregnum

111


FOR THOSE INSTITUTIONS WITH

COLLECTIVE BARGAINING

AGREEMENTS:

• May already initiate grievance or

LMC proceedings to discuss

transition period and POSSIBLE

MORATORIUM ON WAGE

INCREASE

112


• For those who may be sent to

the Secondary Education to

teach, try to come up with a

suitable compromise regarding

rates

• Otherwise, redundancy or

retrenchment or early

retirement

113


114

CEAP- FAPE SECOND SUMMIT ON K-12 … transition: legal and labor aspect atty. ada d. abad ... iloilo...

Documents

Transcript of CEAP- FAPE SECOND SUMMIT ON K-12 … transition: legal and labor aspect atty. ada d. abad ... iloilo...