Republic of the Philippines
HOUSE OF REPRESENTATIVES

Constitution Hills, Quezon City

FIFTEENTH CONGRESS
Third Regular Session

~ COMMITTEE REPORT NO. 270

‘Submitted by the Committee on Labor and Employment on _16 APR 2013

Re: House BillNo._§926

Recommending its approval in substitution of House Bill No. 1597

Sponsors: Reps. Emil L. Ong, Raymond Democrito Mendoza, Antonio L. Tinio
and Joseph Victor G. Ejercito

Mr. Speaker:

The Committee on Labor and Employment, to which was referred House Bill No.
1597, introduced by Rep. Raymond Democrito C.Mendoza, entitled:

“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”

has considered the same and recommends that the attached House Bill No

6928, entitled:

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

be approved in substitution of House Bill No. 1597 with Reps. Raymond
Democrito C. Mendoza, Joseph Victor G. Ejercito, Antonio L. Tinio and Rafael V.
Mariano as authors thereof.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

CConstirurion Hills, Quezon City

He No.1597
Fang ine Probationary Petlod of Academic Personnel in Private Schools

Respectfully submitted, ~

Committee on Labor and Employment

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES,
QUEZON CITY


Republic lippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

FIFTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 6928

Introduced by Reps. Raymond Democrito C. Mendoza, Joseph Victor G. Ejercito,
Antonio L. Tinio and Rafael V. Mariano

AN ACT
FIXING THE PROBATIONARY PERIOD OF EMPLOYMENT OF
ACADEMIC PERSONNEL IN PRIVATE SCHOOLS, AMENDING
FOR THE 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. A new article is hereby inserted in the Labor Code to read as
follows:

“ART. 281-A. PROBATIONARY PERIOD OF EMPLOYMENT OF
ACADEMIC PERSONNEL IN PRIVATE SCHOOLS. - THE

6 PROBATIONARY PERIOD OF EMPLOYMENT OF ACADEMIC
7 PERSONNEL IN PRIVATE SCHOOLS SHALL NOT EXCEED
8 THE EQUIVALENT OF ONE (1) SCHOOL YEAR FROM THE
9 FIRST DAY OF SERVICE. ANY STIPULATION TO THE

10 CONTRARY SHALL BE VOID.”

12 SEC. 2. Implementing Rules and Regulations. — The Secretary of Labor
13. and Employment shall promulgate the necessary rules and regulations to
14 implement the provisions of this Act

16 SEC. 3. Repealing Clause. — Presidential Decree No. 442, as amended,
17. otherwise known as the Labor Code of the Philippines, and all other acts, laws,

1


Quaune

presidential issuances, rules and regulations inconsistent herewith are hereby
repealed, amended or modified accordingly

SEC. 4. Effectivity Clause. ~ This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2)
newspapers of national circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES,

= -Quezon-City ————

FIFTEENTH CONGRESS
First Regular Session

1537

House Bill No.

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 insti

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
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.

REP. ‘0 C. MENDOZA

TUCK Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES _
~ Quezon —

FIFEENTH CONGRESS
First Regular Session

a 1597

No.

House

Introduced by TUCP Party-List Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

AN ACT
FIXING THE PROBATIONARY PERIOD OF EMPLOYMENT OF ACADEMIC SOS
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 Ciause. -- 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,



Republic of the Philippines
HOUSE OF REPRESENTATIVES

‘Quezon City, Metso Manila

MEETING OF THE
COMMITTEE ON LABOR AND EMPLOYMENT

MINUTES OF MEETING OF THE COMMITTEE ON LABOR AND EMPLOYMENT
HELD ON 5 DECEMBER 2012, 2:00 - 4:11 P.MAT CONFERENCE ROOMS 9 & 10,
MITRA BUILDING, HOUSE OF REPRESENTATIVES

GUESTS / RESOURCE PERSONS:

Atty. Comelio Pacala Department of Education (DepEd)

Ms. Rosalie Buscar Commission on Higher Education (CHED)

Atty, Joseph Noel Estrada Coordinating Council of Private Educational Associations
(COCOPEA) .

Alty, Annaliza Mercene Catholic Educational Association of the Philippines
(CEAP)

Atty. Gani Coruna CEAP

Professor. Jose Escarial Philippine School of Business Administration, Quezon
City (PSBA)

Professor Yolanda Ting PSBA, Quezon City
Professor Alice Reyes PSBA, Quezon City
Professor Gloria Lincuna PSBA, Quezon City
Professor Mely Tabucol PSBA, Quezon City
Professor Angel Goloc  PSBA, Quezon City
Professor Benny Gacula  PSBA, Manila

1. CALL TO ORDER

The Presiding Officer., Rep. Joseph Victor Ejercito, called the meeting to order at
1:59 p.m

ll. OPENING REMARKS OF THE PRESIDING OFFICER

The Presiding Officer acknowledged and thanked the resource persons for attending
the meeting. Thereafter, Rep. Raymond Demiocrito Mendoza made his sponsorship
statement on HB 1597.

Il DELIBERATION ON HB 1597 RE: FIXING THE PROBATIONARY PERIOD OF
EMPLOYMENT OF ACADEMIC PERSONNEL IN PRIVATE SCHOOLS, AMENDING
FOR THE PURPOSE PD 442, AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES, AUTHORED BY REP. RAYMOND.
DEMOCRITO MENDOZA

Rep. Mendoza manifested that HB 1597 seeks to provide a mandatory maximum
probationary period of one (1) school year to professors, instructors, teachers and


other academic personnel in private educational institutions The proposal will end
the practice of requiring three years probationary period prior to a permanent
appointment. He added that one year probationary period, plus the academic
preparation, training and experience of the personnel is sufficient to cover the
requirement

Rep. Antonio Tinio of the ACT Teachers Party-list, in support of the bill, said that <
licensed applicant teacher in a public school, once accepted, is immediately
appointed to a permanent position. He also manifested his desire to be a co-author
of the measure to which the author readily accepted

Representatives from DOLE, DepEd, CHED and PSBA interposed no objection and
are in support of the bill. However, representatives from CEAP and COCOPEA
registered their opposition.

Alty. Joseph Noel Estrada of COCOPEA said that the three year probationary
period is not just a practice but an official policy pursuant to Joint Order No.1, series
of 1996, of the Department of Labor and Employment and the DepEd (formerly
Department of Education and Culture). It is an academic requirement for a master's
degree prior to an appointment to a full time status and shortening this to one year
will defeat the purpose of training competent teachers worthy of appointment to a
permanent position.

Rep. Mendoza pointed out that under PD 442, probationary period is only six months
and the subject employee must receive the minimum wage pursuant to the minimum
wage law. But in the case at hand, teachers in the private school are treated
differently because of the Joint Order No.1. He and Rep. Rafael Mariano manifested
that there is a need to review the Joint Order No. 1 series of 1996 of the Department
of Labor and Employment and the DepEd

Rep. Mariano moved, duly seconded by Rep. Tinio, for the approval of the bill. There
being no objections, the bill was approved by the Committee.

\V. CONTINUATION OF THE DELIBERATION ON HR 1754 RE. INQUIRY INTO
THE ALLEGED VIOLATIONS OF THE PROPER SHARING OF THE PROCEEDS
OF TUITION FEE INCREASES IMPOSED BY VARIOUS EDUCATIONAL
INSTITUTIONS, AUTHORED BY REP. MA. VICTORIA SY-ALVARADO

The Presiding Officer briefed the Committee on the status of the measure under
deliberation. He noted that, for the second time, despite invitation from the
Committee, there was no representative from PSBA Quezon City.

The CHED submitted a report with regard to the compliance of the PSBA, Quezon
City with the DECs Order No. 15 series of 1992, for the school year 2007 to 2011
The CHED representative claimed that PSBA Quezon City filed its application for
tuition fee increase for academic year 2007 to 2008 and 2010-2011 and has
complied with section (consultation requirement), section 2 (consultation process)
and section 3 (documentary) requirements of the said order.

On the other hand, Mr. Escarreal claimed that in the case of PSBA Quezon City,
‘there was no faculty official or representative who signed any compliance for the
school years 2007-2008, 2008-2009, 2009-2010 and also for the 2010 and 2012"

Considering the absence of a representative from the PSBA administration to
respond to the issue raised, the Committee decided to set another meeting on the


matter declaring that the PSBA Quezon City administration be compelied to attend
the next Committee meeting

V. OTHER MATTERS
Rep. Mariano requested that other measures pending with the Committee like
House Bill Nos. 5110 and 375 be scheduled for deliberation and resolution of the
Committee. In response, the Presiding Officer said that the Chairman will be
informed of said concerns for his appropriate action.

Vi ADJOURNMENT

There being no other matters to discuss, the meeting was adjourned at 4:11 p.m.
Prepared by :
(Sad.) LOLA FEBE S. PIMENTEL

‘Supervising Legislative Staff Officer II
Committee on Labor and Employment

Certified true and correct:

(Sgd.) CELESTE S. DE CASTRO
Committee Secretary
Committee on Labor and Employment

Attested by

(Sgd.) EMIL L. ONG
Chairman
Committee on Labor


FACT SHEET
House Bill No. 1597
(As Approved by the Committee on December 5, 2012)

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

Introduced by: REPS. RAYMOND DEMOCRITO C. MENDOZA, JOSEPH VICTOR
G. EJERCITO, ANTONIO L. TINIO, & RAFAEL V. MARIANO

Committee Referral: COMMITTEE ON LABOR AND EMPLOYMENT
Committee Chairperson: REP. EMiL L. ONG
OBJECTIVE:
+ To ensure the protection of workers’ rights and the protection of their welfare
KEY PROVISION:
* Provides that the probationary period of employment of academic personnel
in private schools shall not exceed the equivalent of one (1) school year from
the first day of service.

RELATED LAW:

© P.D. 442, as amended, otherwise known as the Labor Code of the
Philippines