Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
First Regular Session

2549

Introduced by TUCP Party-List Representative
HON. 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 of one (1) school year 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 requiredfor 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
school 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.

‘0 ¢. MENDOZA
Representative, TUCP Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
FirstRegular Session

House Bill No. 2543

Introduced by TUCP Party-List Representative
HON. 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.The probationary period for academic personnel in private
schools shall not exceed the equivalent of one (1) school year from the first
day of service. Any stipulation to the contrary shall be void.”

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. --All 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,