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

ENTH CONGRESS
st Regular Session

HOUSE BILL No. 563

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAQUL DANNIEL A. MANUEL

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 for 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 personne! in the coverage of the six-month
probationary period.

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

~ CASTRO
Party-List

Rep. RAOUL, DANNIEL A. MANUEL
GABRIELA Women § Party KABATAAN Party-List



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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 563

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL

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 cmployce who is allowed to work after a probationary
period shall be considered a regular employee.

PROBATIONARY EMPLOYMENT IN PRIVATE SCHOOLS,
COLLEGES, UNIVERSITIES, AND OTHER EDUCATIONAL
INSTITUTIONS SHALL NOT EXCEED THE FOLLOWING
PERIODS:


1. ONE (1) ACADEMIC YEAR FOR ACADEMIC PERSONNEL
IN BASIC EDUCATION,

2. TWO (2) CONSECUTIVE REGULAR SEMESTERS OR
THREE (3) CONSECUTIVE TRIMESTERS FOR ACADEMIC
PERSONNEL IN THE TERTIARY LEVEL, AND

3. SIX (6) MONTHS FOR ALL OTHER PERSONNEL IN ALL
LEVELS.

SEC. 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.

SEC. 3. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication either in the Official Gazeute, or in at least two (2) newspapers of general
circulation.

Approved,