Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS:
First Regular Session

4933

House Bill No.

Introduced by TUCP Party-List
Rep. RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

The Philippine Constitution affirms “labor as primary social and economic force,” and
mandates the State to "protect the rights of workers and promote their welfare.”
Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines,
needs to be in step with the State policy to “afford protection to labor’ considering
jurisprudence and practice.

Probationary period of employment has been abused to circumvent the Labor Code
provisions on probationary employment and security of tenure, among other things.
The proposed amendment seeks to provide a mandatory maximum probationary
period equivalent one (1) school year of very satisfactory service for professors,
instructors and teachers and other academic personnel in private educational
institutions,

The nature of work of academic personnel in private schools and the high
qualifications required for the practice of their profession put them at a disadvantaged
and peculiar position over other workers. However, these should not detract from the
fact that private school academic personnel already have devoted so many years of
preparations for their work, including at least four years of college studies, in service
training, many seminars and refresher courses and the like.

Work arrangements, while being responsive to the exacting requirements of the
schoo! environment, should be in balance with humane terms and conditions of
employment. These should contribute to decent work where workers and their
families should be able to live with dignity and improved quality of life. The
probationary period of employment of academic personnel in private schools has
been a long standing issue. There are numerous instances of abuses of the
probation period to circumvent the Labor Code,

To give effect to the policy of protecting workers’ rights and promoting their welfare,
the passage of this Bill is earnestly sought.

(AYMOND DEMOCRITO C. MENDOZA
Representative, TUCP Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
933
House Bill No. 4

Introduced by TUCP Party-List
Rep. RAYMOND DEMOCRITO C. MENDOZA

AN ACT
FIXING THE PROBATIONARY PERIOD OF EMPLOYMENT OF ACADEMIC
PERSONNEL IN PRIVATE SCHOOLS, AMENDING FOR THAT PURPOSE
PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS
THE LABOR CODE OF THE PHILIPPINES.

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. Probationary period of employment of academic personnel in private
schools. ~ There shall be incorporated after Article 281 of the Labor Code a new
article to read as follows:

“ARTICLE 281-A. Probationary Period of Academic Personnel in Private
Schools. The probationary period for academic personnel in private schools
shall not be more than one (1) academic year of very satisfactory service for
those in the elementary and secondary levels, two (2) consecutive regular
semesters of very satisfactory service for those in the tertiary level, and three
(3) consecutive trimesters of very satisfactory service for those in the tertiary
level where collegiate courses are offered on the trimester basis,

For this purpose, the term "academic personnel’ shall include
A) Those engaged in actual teaching service, either on full time or part-time
basis
B) Those who possess certain prescribed academic functions directly supportive
of teaching such as
1) Registrars
2) Librarians
3) Guidance Counselors
4) Researchers
5) Other school officials responsible for academic matters.”

Section 3. Separability Provisions. — if any part of this Act is held invalid or
declared unconstitutional, the same shall not affect the validity and effectivity of the
other parts thereof,


Section 4. Repealing Clause. — Alll laws, decrees, executive orders, rules and
regulations or parts thereof, which are inconsistent with this Act, are hereby repealed,
amended or modified accordingly.

Section 5. Effectivity. ~ This Act shall take effect fifteen (15) days after its
publication in at least two newspapers of general circulation

Approved,