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

EIGHTEENTH CONGRESS
First Regular Session

508
HOUSE BILL No.

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

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 OR THE LABOR CODE, 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 2011 Revised Manual of Regulations for Private Schools in Basic
Education (Department of Education Order 88, series of 2010 as amended) presently


being implemented and the 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 whether the services of the teacher are 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 biJHis earnestly sought.

tt Dk “Rep. FERDINAND GAITE

BAYAN MUNA Party-List BAYAN MUNA Party-List

sbuert VL on
Rep. EGFEMIA C. CULLAMAT Rep. ARYENE D. BROSAS
BAYAN MUNA Party-List } GABRIELA Women’s Party



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

EIGHTEENTH CONGRESS
First Regular Session

508
HOUSE BILL No.

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

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 OR THE LABOR CODE, 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,