Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8929
HOUSE BILLNo.

Introduced by
ACT Teachers Party-List Rep. ANTONIO L. TINIO and Rep. FRANCE L. CASTRO

AN ACT
PROVIDING FOR THE PERIOD OF PROBATIONARY EMPLOYMENT OF TEACHING AND NON-
‘TEACHING PERSONNEL IN PRIVATE SCHOOLS, THEREBY AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE 442, AS AMENDED

EXPLANATORY NOTE

This bill seeks to correct the decades-long injustice besetting the teaching and non-
teaching personnel in private schools by setting a six-month probationary period for
teachers, professors, and the like in the basic and tertiary levels.

Article 281 of the Labor Code prohibits private sector employers from placing workers
on probationary period longer than six months from the date the worker starts his or
her contract. However, the probationary periods for teaching personnel are longer—
three years in basic education and six consecutive regular semesters or nine
consecutive trimesters in the tertiary level. Because of this, teachers and faculty are
prevented from acquiring regular employment and security of tenure especially to the
teaching and non-teaching personnel in the private schools.

What makes this even more unjust is that this situation is created because of mere
administrative issuances were held above the law which they are supposed to be
merely implementing rules and guidelines. From the 1970 Manual of Regulations for
Private Schools until the present 2011 Revised Manual of Regulations for Private
Schools in Basic Education (Department of Education Order 88, series of 2010 as
amended) and 2008 Manual of Regulations for Private Higher Education (Commission
‘on Higher Education Memorandum Order 40), the effect is the same: with these


agencies and private schools’ application of the longer probationary period against
private teaching personnel, these administrative issuances supersede the Labor Code,
without express and clear authority from either the Labor Code itself or any other
labor standards law.

There is no justifiable reason for having a longer maximum period for probation of
teaching personnel. The six months provided by the Labor Code is enough fo teaching
personnel to prove their competence and expertise. Within six months the school has
enough time to evaluate the services of the teacher whether satisfactory enough for
the teacher to be considered as regular employee.

It should be noted that in the public sector, teachers, by the mere fact of their
appointment under the DepEd, are presumed fit and competent enough for regular
employment, there being no such thing as a probationary period pursuant to the
Magna Carta for Public School Teachers (Republic Act 4670). There should be no
reason for private employers to impose higher standards for regular employment and
security of tenure.

Hence, there is an urgent need to enact an express provision in the Labor Code which
includes teaching and non-teaching personnel in the coverage of the six-month
probationary period.

For the above-cited reasons, approval of this bill is earnestly sought.

Rep. ANTONIO L. TINIO Rep-FRANEE L. CASTRO
ACT Teachers Party-List Te Wy, rs Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 8929

Introduced by
ACT Teachers Party-List Rep. ANTONIO L. TINIO and Rep. FRANCE L. CASTRO

AN ACT
PROVIDING FOR THE PERIOD OF PROBATIONARY EMPLOYMENT OF TEACHING AND NON-
‘TEACHING PERSONNEL IN PRIVATE SCHOOLS, THEREBY AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE 442, AS AMENDED

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

Section 1. Article 281 of Presidential Decree 442 is hereby amended to read as follows:

Article 281. Probationary employment. Probationary employment shall not exceed six
(6) months from the date the employee started working, unless it is covered by an
apprenticeship agreement stipulating a longer period. The services of an employee
who has been engaged on a probationary basis may be terminated for a just cause or
when he fails to qualify as a regular employee in accordance with reasonable
standards made known by the employer to the employee at the time of his
‘engagement. An employee who is allowed to work after a probationary period shall
be considered a regular employee.

THIS SECTION SHALL INCLUDE TEACHING AND NON-TEACHING EMPLOYEES IN
PRIVATE SCHOOLS, COLLEGES, UNIVERSITIES, AND OTHER EDUCATIONAL
INSTITUTIONS.

Section 2. Repealing Clause. - Any provision of laws, orders, agreements, rules, or
regulations contrary to and inconsistent with this Act is hereby repealed, amended or
modified accordingly.

Section 4. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication either in the Official Gazette, or in at least two (2) newspapers of general
circulation.

Approved,