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1
THE K-12 AND
ASEAN 2015
TRANSITION:
ATTY. ADA D. ABAD Managing Partner
Abad Abad & Associates Law Office Former Vice-Dean, Lyceum College of Law
LABOR IMPACT ON FACULTY MEMBERS OF HIGHER
EDUCATIONAL INSTITUTIONS (HEIs)
PUP HASMIN HOSTEL, MH DEL PILAR CAMPUS, STA. MESA
• 50% ENROLLMENT DECLINE FROM 2017-2020
• FACULTY WITHOUT LOADS
FOR TWO YEARS • FACULTY MOVEMENTS
FROM COLLEGE TO SHS
• HOW MUCH COMPENSATION
4 ADA ABAD PI LAMBDA THETA PUP 060414
When ASEAN turned 30 years old in 1997, the
ASEAN leaders adopted the ASEAN Vision 2020, and largely agreed to create a deeper partnership amongst member nations. 9 ADA ABAD PI LAMBDA THETA
PUP 060414
10 ADA ABAD PI LAMBDA THETA PUP 060414
By 2003, the idea of an ASEAN Community (probably pattered after the
European Union model) was established.
OBJECTIVES TRANSFORM ASEAN INTO A SINGLE MARKET
AND PRODUCTION BASE
FREE FLOW OF GOODS
FREE FLOW OF
INVESTMENTS FREER FLOW OF CAPITAL
FREE FLOW OF SKILLED
LABOR
FREE FLOW OF SERVICES
13 ADA ABAD PI LAMBDA THETA PUP 060414
14 ADA ABAD PI LAMBDA THETA PUP 060414
The areas of cooperation in the economic aspect include, among others: • human resources development and
capacity building;
• recognition of professional qualifications; AND
• integrating industries across the
region to promote regional sourcing.
15 ADA ABAD PI LAMBDA THETA PUP 060414
As of January 2007 – the Philippine Government had already committed to the vision of the ASEAN COMMUNITY as a SINGLE MARKET AND PRODUCTION BASE
ADA ABAD PI LAMBDA THETA PUP 060414
21
FOR THE K-12 AND ASEAN 2015 TRANSITION:
• GENERAL LEGAL PARAMETERS • WHAT WE KNOW BY NOW • POSSIBLE EFFECTS • PREVIOUS OPTIONS and
DECISION TREES: ARE THESE STILL FEASIBLE
ADA ABAD PI LAMBDA THETA PUP 060414
THE LAW ON K-12:
1. REPUBLIC ACT NO. 10533 promulgated 15 May 2013
2. IMPLEMENTING RULES AND REGULATIONS promulgated 04 September 2013
3. GUIDELINES ON IMPLEMENTATION OF LABOR COMPONENT OF K-12 (still being finalized as of 07 Nov 2013)
23
ADA ABAD PI LAMBDA THETA PUP 060414
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1. ASEAN SUMMIT – BALI CONCORD II in 2003 (ASEAN 30th anniversary), calling for a vision of ASEAN 2020 Integration and forming the 3 pillars
2. ASEAN BALI CONCORD III of 2011 reaffirming the Integration
3. ASEAN Blueprints, Asean Integration (IAI) Strategic Framework and IAI Work Plan Phase II (2009-2015)
THE LAW ON ASEAN INTEGRATION:
ADA ABAD PI LAMBDA THETA PUP 060414
One practical problem
posed to HED schools
would be the logistical
issue of faculty oversupply
during the years 2016-
2021 during the K-12
transition period.
25
ADA ABAD PI LAMBDA THETA PUP 060414
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TO SUSTAIN OPERATIONS OF THE SCHOOL DURING THE TRANSITION PERIOD
MANAGEMT PREROGA-
TIVES
ACADEMIC FREEDOM
ADA ABAD PI LAMBDA THETA PUP 060414
In its quest for profits, management may exercise its management prerogatives – which is the discretionary power to decide ALL ASPECTS OF OPERATIONS. In the aspect of EMPLOYMENT, it includes everything -
WHAT IS MANAGEMENT’S
PREROGATIVE?
From HIRING
To FIRING
27
ADA ABAD PI LAMBDA THETA PUP 060414
The free will of the management to conduct its own affairs to achieve its purpose cannot be denied, PROVIDED THAT THE SAME IS EXERCISED:
• IN GOOD FAITH,
• FOR THE ADVANCEMENT OF THE EMPLOYER’S INTEREST; AND
• NOT TO CIRCUMVENT THE RIGHTS OF THE EMPLOYEES. (San Miguel Brewery and Union Carbide cases).
28
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a. DepEd’s Curriculum for 11th and 12th Grades
PLUS
b. CHED’s General
Education Curriculum
1. WE KNOW GENERAL STRUCTURE OF -
ADA ABAD PI LAMBDA THETA PUP 060414
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Based on slides of Dr. Isagani Cruz presented during 2013 CEAP National Convention
ADA ABAD PI LAMBDA THETA PUP 060414
2. WE KNOW THAT – SOME COLLEGE G.E. SUBJECTS ARE TO BE PUSHED DOWN TO 11TH AND 12TH GRADES
33
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The college General Education curriculum is being revised and will have fewer units. WITH K TO 12, AND DEPENDING ON THE INDUSTRY, THE COLLEGE CURRICULUM MAY COMPRISE OF THREE (3) YEARS: • A YEAR’S WORTH OF GENERAL EDUCATION
SUBJECTS; AND • AT LEAST TWO YEARS OF MAJOR
SUBJECTS. (www.gov.ph/k-12). 34
ADA ABAD PI LAMBDA THETA PUP 060414
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1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
2016-2017 NO 1ST YEAR OKAY OKAY OKAY
2017-2018 NO 1ST YEAR NO 2ND YEAR OKAY OKAY
2018-2019 OKAY NO 2ND YEAR NO 3RD YEAR OKAY
2019-2020 OKAY OKAY NO 3rd YEAR NO 4TH YEAR
2020-2021 OKAY OKAY OKAY NO 4TH YEAR
2021-2022 OKAY OKAY OKAY OKAY
2022-2023 OKAY OKAY OKAY OKAY
2023-2024 OKAY OKAY OKAY OKAY
2024-2025 OKAY OKAY OKAY OKAY
3. WE KNOW THAT THERE WILL BE NO LOADING FOR HEI TEACHERS FOR A TWO YEAR PERIOD (AS EMPHASIZED BY REV. FR. ANTONIO S. SAMSON, S.J. OF PERAA AND MARY THE QUEEN PARISH)
ADA ABAD PI LAMBDA THETA PUP 060414
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WHAT TO DO WITH
COLLEGE
PROFESSORS IN
THE 1ST YEAR
LEVEL (AND OTHER
YEAR LEVELS
THEREAFTER) WHO
WILL NOT HAVE
LOAD FOR TWO
YEARS PER CHART?
ADA ABAD PI LAMBDA THETA PUP 060414
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1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR DECREASE ENROLLMT
2016-2017 NO 1ST YEAR
OKAY OKAY OKAY 25% DOWN
2017-2018 NO 1ST YEAR
NO 2ND YEAR
OKAY OKAY 50% DOWN
2018-2019 OKAY NO 2ND YEAR
NO 3RD YEAR
OKAY 50% DOWN
2019-2020 OKAY OKAY NO 3rd YEAR
NO 4TH YEAR
50% DOWN
2020-2021 OKAY OKAY OKAY NO 4TH YEAR
25% DOWN
2021-2022 OKAY OKAY OKAY OKAY BACK TO NORMAL?
2022-2023 OKAY OKAY OKAY OKAY BACK TO NORMAL?
ADA ABAD PI LAMBDA THETA PUP 060414
One Idea: “Teacher-in-Transition”
Development Programs (TITDP):
encourage faculty who may still be given loads to take LET or Masters/Doctorate during 2-year interregnum
41
ADA ABAD PI LAMBDA THETA PUP 060414
43
but this assumes the School already has funds for this
this further assumes the faculty
given the study grant, WILL be retained
Lastly, that things will go “back to
normal” and faculty given subject loads after 2-year period
ADA ABAD PI LAMBDA THETA PUP 060414
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PROBABLY NOT... BECAUSE THE NEW K-12
GRADUATES WILL HAVE THREE CHOICES AFTER GRADUATION: ACADEMIC, TECH-VOC OR IMMEDIATELY GO TO WORK
NOT ALL WILL CHOOSE TO TAKE THE ACADEMIC ROUTE
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• DECREASE IN THE NUMBER OF THOSE WHO WILL ENROL IN TERTIARY LEVELS
• FACULTY AND STAFF REQUIREMENT MAY NOT BE AS MUCH AS PRESENT LEVELS
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CREATE NEW MARKET FOR SHORT-TERM CERTIFICATE
COURSES
MONEY TO PAY OFF EXPENSES
FOR K-12 TRANSITION
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Fortunately, the K-12 law now allows the HIRING OF COLLEGE FACULTY WITHOUT ANY PROFESSIONAL TEACHING LICENSE (NO LET) IN THE 11TH AND 12TH GRADE, as an alternative work for the K-12 TRANSITION YEARS
Who among the College Faculty, will be transferred to Senior High School (SHS) ?
1st year and 2nd year College Faculty.
Their subject will be moved down
to Grades 11 and 12 of Senior High School.
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WHO WILL DECIDE?
“x x x educational institutions have the right to regulate all aspects of employment, such as hiring, the freedom to prescribe work assignments, x x x regulation regarding transfer of employees, etc.”
The SCHOOL will decide.
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SCHOOL IS NOT UNDER OBLIGATION TO KEEP MORE EMPLOYEES AS ARE NECESSARY FOR THE EFFICIENT OPERATIONS OF ITS BUSINESS (WILTSHIRE FILE VS. NLRC, 193 SCRA 665 [1990])
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It is the prerogative of management to transfer an employee where he can be most useful to the School.
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It is the prerogative of management to transfer an employee from one office to another within the business establishment based on its assessment and perception of
the employee’s qualifications, aptitudes and competence, and in order to ascertain where he can function with maximum benefit to the company. This is a privilege inherent in the employer’s right to control and manage his
enterprise effectively. An employee who refuses to be transferred WHEN SUCH TRANSFER IS VALID, is guilty of insubordination. -- Pharmacia and UPJOHN, Inc. (now Pfizer Philippines, Inc.) vs. Albayda, Jr., G.R. No. 172724, 23 August 2010.
IF PART-TIME FACULTY AND
HENCE NOT TENURED, option
of College not to rehire or give
load
IF ALREADY TENURED, then
College is initially under
obligation to check alternative
measures ADA ABAD PI LAMBDA THETA
PUP 060414 64
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FOR FACULTY TO BE RETAINED: 1. CHECK POSSIBILITY OF
REASSIGNING QUALIFIED COLLEGE FACULTY TO TEACH IN GRADES 11-12, ASSUMING THERE ARE COLLEGE FACULTY WHO WILL AGREE TO DO SO
2. CHECK AVAILABLE OPTIONS
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THOSE WHOSE SUBJECTS WILL BE BROUGHT DOWN TO 11TH AND 12TH GRADE: MOVEMENT WILL BE PERMANENT
THOSE WHO WILL NOT BE GIVEN SUBJECT LOADS FOR TWO YEARS UPON IMPLEMENTATION OF K-12: TEMPORARY OR PERMANENT LAY-OFF
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CONSIDER:
1. ACTUAL COMPUTED AMOUNTS
2. POSSIBLE TAX EXEMPTION
REQUIREMENTS FOR TAX EXEMPTION OF EARLY RETIREMENT BENEFITS UNDER REP. ACT NO. 4917 •COMPANY RETIREMENT PLAN IS REGISTERED WITH THE BIR
• COMPANY RETIREMENT PLAN GIVES BENEFIT WHICH IS BETTER THAN THAT PROVIDED BY REP. ACT NO. 7641
• EMPLOYEE MUST BE AT LEAST FIFTY (50) YEARS OLD AND MUST HAVE SERVED THE COMPANY FOR AT LEAST TEN (10) YEARS IN ORDER THAT HIS RETIREMENT BENEFITS MAY BE TAX EXEMPT. 72 ADA ABAD PI LAMBDA THETA
PUP 060414
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TAX CODE Sec. 32 (B). Exclusions from Gross Income. – The following items shall not be included in gross income and shall be exempt from taxation under this Title: xxx
(6) Retirement Benefits, Pensions, Gratuities, etc. – xxx (b) Any amount received by an official or employee or by his heirs from the employer as a consequence of separation of such official or employee from the service of the employer because of death, sickness or other physical disability, or for any cause beyond the control of the said official or employee.
ASSIGN GRADE 11-12
SUBJECTS OR FROM
BRIDGING PROGRAMS TO
QUALIFIED AND WILLING PROFESSORS FROM THE
COLLEGE LEVEL ADA ABAD PI LAMBDA THETA
PUP 060414 75
FULL-TIME COLLEGE FACULTY
A) WITHOUT LOAD OR
B) NOT WILLING OR UNABLE TO
TEACH GR 11-12
RETRENCH-
MENT OR
EARLY
RETIREMENT
ASSIGN TO
RESEARCH OR
ADMIN WORK
OR BRIDGING
PROGRAMS
FOR TWO
YEARS
AGREE TO
PUT ON
FLOATING
STATUS OR
SABBATICAL
WITHOUT
PAY ADA ABAD PI LAMBDA THETA
PUP 060414 77
ADA ABAD PI LAMBDA THETA PUP 060414
80
FOR TWO YEARS
• same rates as
full-time;
• if not possible,
then by
agreement on a
temporary
basis
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MANAGEMENT PANEL OF THE TWG FOR LABOR COMPONENT OF K-12 OBJECTED TO PROPOSAL:
ADA ABAD PI LAMBDA THETA PUP 060414
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FOR TWO YEARS
• same rates as
full-time;
• if not possible,
then by
agreement on a
temporary
basis
ADA ABAD PI LAMBDA THETA PUP 060414
1. NOT ALL FACULTY CAN DO RESEARCH
Research cannot be done by
just any Tom, Dick and Harry.
Research must be refereed and published in local and international publications,
83
ADA ABAD PI LAMBDA THETA PUP 060414
2. TOO COSTLY
By way of practice, the salary of a faculty on research work is lower than his current salary.
Research work is expensive and not all Schools can afford it.
84
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IF RESEARCH WORK UNACCEPTABLE, THEN CONSIDER: ASSIGNMENT TO NEW COLLEGE COURSES OR BRIDGING PROGRAMS
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GENERAL RULE: ACADEMIC FREEDOM TO DETERMINE THE CURRICULUM PROVIDED: MINIMUM REQUIREMENTS OF DepED OR CHED COMPLIED WITH
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POSSIBLE INNOVATION:
SOME 11th-12th GRADE ELECTIVE SUBJECTS MAY BE CREDITED TO COLLEGE SUBJECTS IN FIELDS OF SPECIALIZATION
ADA ABAD PI LAMBDA THETA PUP 060414
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POSSIBLE INNOVATION: CREATE NEW COURSES OR SHORT TERM CERTIFICATE COURSES THAT WILL ENABLE CREATION OF SUBJECTS FOR DISPLACED FACULTY
90 ADA ABAD PI LAMBDA THETA PUP 060414
By 2003, the idea of an ASEAN Community (probably pattered after the
European Union model) was established.
91 ADA ABAD PI LAMBDA THETA PUP 060414
to transform ASEAN into a region with free movement of goods, services, investment, skilled labor and freer
flow of capital.
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ASEAN unlikely to reach economic integration by 2015 – ADB By SIEGFRID O. ALEGADO, GMA News October 24, 2013 6:56pm
ADB's report also noted the need to work beyond 2015 to increase labor mobility so that unskilled as well as skilled workers can move across borders more easily. Greater labor mobility will allow the region to reap the full benefits of all its other reforms.
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At this point, I will initially examine this scenario from the perspective of a college graduate by December 2015, when ASEAN integration is scheduled to commence.
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OPEN LABOR MARKET allowing the free flow of services (including education services) and skilled labor amongst all member-countries.
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Under this scenario, corporations operating within the ASEAN region may now transfer its manpower component across regional borders freely and without much restrictions.
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Our Filipino college graduate by December 2015 should be able to compete in the global market against the labor complement of the other ASEAN member-states.
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However, to be able to compete, our Filipino college graduate should already be equipped with “21st century skills and other compentencies responsive to labor maket needs, both local and international, as well as to the requirements of national development.” Commission on Higher Education Strategic Plan for 2011-2016, Item 6 on Major Targets, sub-item 6.1 on Rationalization of Higher Education Institutions and Programs
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Even with our K-12 shift, there will not be a level playing field for Filipino workers in the global arena by December 2015.
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Note that by the time ASEAN integration hits us on December 2015, our college graduates at that time would have graduated only from the old 10-year basic education curriculum.
1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
2016-2017 NO 1ST YEAR OKAY OKAY OKAY
2017-2018 NO 1ST YEAR NO 2ND YEAR OKAY OKAY
2018-2019 OKAY NO 2ND YEAR NO 3RD YEAR OKAY
2019-2020 OKAY OKAY NO 3rd YEAR NO 4TH YEAR
2020-2021 OKAY OKAY OKAY NO 4TH YEAR
2021-2022 OKAY OKAY OKAY OKAY
2022-2023 OKAY OKAY OKAY OKAY
2023-2024 OKAY OKAY OKAY OKAY
2024-2025 OKAY OKAY OKAY OKAY
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Having started the K-12 shift only last year, the first graduates of our new educational reforms with a 12-year basic educational program will graduate only in 2021.
1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
2016-2017 NO 1ST YEAR OKAY OKAY OKAY
2017-2018 NO 1ST YEAR NO 2ND YEAR OKAY OKAY
2018-2019 OKAY NO 2ND YEAR NO 3RD YEAR OKAY
2019-2020 OKAY OKAY NO 3rd YEAR NO 4TH YEAR
2020-2021 OKAY OKAY OKAY NO 4TH YEAR
2021-2022 OKAY OKAY OKAY OKAY
2022-2023 OKAY OKAY OKAY OKAY
2023-2024 OKAY OKAY OKAY OKAY
2024-2025 OKAY OKAY OKAY OKAY
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At this point, there will be a gap of SIX (6) YEARS from 2015 all the way until 2021 when our Filipino workforce will be considered “sub-standard and not globally competent”.
1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
2016-2017 NO 1ST YEAR OKAY OKAY OKAY
2017-2018 NO 1ST YEAR NO 2ND YEAR OKAY OKAY
2018-2019 OKAY NO 2ND YEAR NO 3RD YEAR OKAY
2019-2020 OKAY OKAY NO 3rd YEAR NO 4TH YEAR
2020-2021 OKAY OKAY OKAY NO 4TH YEAR
2021-2022 OKAY OKAY OKAY OKAY
2022-2023 OKAY OKAY OKAY OKAY
2023-2024 OKAY OKAY OKAY OKAY
2024-2025 OKAY OKAY OKAY OKAY
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Suggestion 1: Fast-track curriculum revision or offer short-term certificate courses, so that graduates of AY 2014-2015 may be globally competitive.
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Expanding it further, we can even dovetail our efforts at curbing the negative impact of the K-12 shift. College professors without subject loads for two years, will teach short term certificate courses or bridging programs for global competitiveness.
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As it is, there is already a danger of losing corporate middle management positions to foreigners.
AGREE MENT TO PUT ON
FLOATING STATUS
• Floating status usually only for
six months (BUT parties may
agree to longer period)
• IF Faculty does NOT agree,
then separation pay via
retrenchment or redundancy or
early retirement ADA ABAD PI LAMBDA THETA PUP 060414
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Sabbatical leave is defined as a prolonged absence from work in the career of an academic employee granted for the purposes of approved scholarly or creative activity for professional development or research purposes. http://hr.ukzn.ac.za/HRReward-Services/Benefits/Sabbaticalleave.aspx
AGREEMENT TO GO
ON SABBATICAL LEAVE
IF WITH PAY:
• University should have raised
funds earlier on to address the
increased financial burden of
this option
ADA ABAD PI LAMBDA THETA
PUP 060414 114
AGREEMENT TO GO
ON SABBATICAL LEAVE
IF WITHOUT PAY
• Faculty must agree
• During two years, it is to be
understood that the faculty
employee can work elsewhere
ADA ABAD PI LAMBDA THETA PUP 060414
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• After lapse of two years (AY 2018)
and ASSUMING THAT FACULTY
STILL HAS SUBJECT LOADS, then
faculty returns – same position, rate,
and benefits, no loss of seniority but
2-year period not incl in service
years
• If faculty does NOT agree to
sabbatical without pay, then
retrenchment or early retirement ADA ABAD PI LAMBDA THETA
PUP 060414 116
ADA ABAD PI LAMBDA THETA PUP 060414
REDUNDANCY
Where the services
of an employee are
IN EXCESS of what
is reasonably
demanded by the
actual requirements
of the enterprise
119
ADA ABAD PI LAMBDA THETA PUP 060414
OPTION D: REDUNDANCY
Where the services
of an employee are
IN EXCESS of what
is reasonably
demanded by the
actual requirements
of the enterprise
120
• SEPARATION PAY: 1 month
pay or 1 month for every year of
service, whichever is higher
(fraction of 6 mos = 1 year)
• NOTICE to employee and
DOLE at least one month prior
to intended date of effectivity
REQUIREMENTS:
ADA ABAD PI LAMBDA THETA PUP 060414
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• SEPARATION PAY: 1 month
pay or 1 month for every year of
service, whichever is higher
(fraction of 6 mos = 1 year)
• NOTICE to employee and
DOLE at least one month prior
to intended date of effectivity
REQUIREMENTS:
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Retrenchment is applied TO PREVENT LOSSES OR THE CLOSURE of an establishment’s operation.
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ARTICLE 283, LABOR CODE. “xxx In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.”
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1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
2016-2017 NO 1ST YEAR OKAY OKAY OKAY
2017-2018 NO 1ST YEAR NO 2ND YEAR OKAY OKAY
2018-2019 OKAY NO 2ND YEAR NO 3RD YEAR OKAY
2019-2020 OKAY OKAY NO 3rd YEAR NO 4TH YEAR
2020-2021 OKAY OKAY OKAY NO 4TH YEAR
2021-2022 OKAY OKAY OKAY OKAY
2022-2023 OKAY OKAY OKAY OKAY
2023-2024 OKAY OKAY OKAY OKAY
2024-2025 OKAY OKAY OKAY OKAY
THERE WILL BE NO LOADING FOR TEACHERS FOR TWO YEAR PERIOD (AS EMPHASIZED BY REV. FR. ANTONIO S. SAMSON, S.J. OF PERAA AND MARY THE QUEEN PARISH)
Procedural Requirements of Retrenchment
1. Serve written notice to employees and to DOLE (at least one month prior to the intended date of retrenchment).
2. Use fair and reasonable criteria in ascertaining who will be retrenched.
3. Pay the separation pay of retrenched employees.
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131
• SEPARATION PAY: 1 month
pay or 1/2 month pay for every
year of service, whichever is
higher (fraction of 6 mos = 1
year)
• NOTICE to employee and
DOLE at least one month prior
to intended date of effectivity
REQUIREMENTS:
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135
SOURCE: PROPOSED DOLE ACTION PLAN ON THE IMPLEMENTATION OF RA 10533
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136
TWO SCENARIOS PROJECTED BY DEPED ON NUMBER OF TEACHERS NEEDED FOR SHS PROGRAM IN 2017:
ADA ABAD PI LAMBDA THETA PUP 060414
137
SCENARIO ONE: 81,648 TEACHERS, if DepEd will supply all teachers for public SHS Top five regions where most number of teachers are needed: Region 4A, NCR, 3, 6 and 7
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SCENARIO TWO. 51,165 TEACHERS, assuming that 400,000 of the 1.1 Million Grade 10 graduates of public JHS shifts to private SHS every year Top five regions where most teachers are needed: Region 4A, 3, NCR, 6 and 5.
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DEPED and HEI with concurrence of affected faculty member may forge a MEMORANDUM OF AGREEMENT or CONTRACT OF SECONDMENT to implement a temporary movement of affected faculty and non-teaching personnel (guidance counselors, librarians, medical personnel) from private HEIs to DEPED during AYs 2016-2017 and 2017-2018
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140
DEPED shall pay the salaries and benefits (due a regular govt employee) of the seconded employee who shall be considered ON LEAVE WITHOUT PAY in his University or College.
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141
After 2 years of service in DepEd, he shall automatically be restored to his/her position in the University/College WITHOUT AFFECTING THE CONTINUITY OF HIS/HER EMPLOYMENT (???)
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After 2 years of service in DepEd, he shall automatically be restored to his/her position in the University/College WITHOUT AFFECTING THE CONTINUITY OF HIS/HER EMPLOYMENT
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143
Those college faculty who will be seconded will have to undergo re-training or re-tooling
FREEZE HIRING
PRIOR TO
2016-2018
• ONLY PART-TIMERS
TO BE HIRED
• PRESENT FACULTY
TO BE PREPARED FOR
TRANSITION
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144
HOW MUCH WILL YOU
PAY A COLLEGE FACULTY
WHO WILL BE TRANSFERRED
TO SHS?
146 ADA ABAD PI LAMBDA THETA PUP 060414
ADA ABAD PI LAMBDA THETA PUP 060414
Considering that the rates of
the college professors are
different from that of the
basic elementary teachers,
will this be considered a
demotion or a diminution of
salaries?
147
ADA ABAD PI LAMBDA THETA PUP 060414
148
LABOR PANEL VIEW: YES. This may go against Art. 100, Labor Code which provides:
“Prohibition against elimination or
diminution of benefits. -- Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code.
Labor View to comply with NON- DIMINUTION OF BENEFITS Those who will be transferred from College Faculty to SHS will have: Same rank Same compensation
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Labor Proposal:
SALARY OF AFFECTED HEI FACULTY AND NON-FACULTY MEMBERS WILL BE IN ACCORDANCE WITH EXISTING SALARY AND COMPENSATION PACKAGE
vs
Mgmt Proposal: SALARY OF AFFECTED HEI FACULTY AND NON-FACULTY MEMBERS WILL BE IN ACCORDANCE WITH SHS SALARY AND COMPENSATION PACKAGE FORMULATED BY SCHOOLS.. 151 ADA ABAD PI LAMBDA THETA
PUP 060414
Different faculty ranking in high school and faculty ranking in college.
Different salary structure in
high school and salary structure in college.
REASONS FOR OBJECTION:
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MANAGEMENT POSITION
If there is an agreement, the transfer CANNOT be considered a diminution in rank and diminution of benefits. x x x"
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IF COLLEGE FACULTY AGREES WITH SCHOOL AS TO THE TRANSFER WITH FULL KNOWLEDGE AS TO ITS EFFECTS, THE TRANSFER CANNOT BE CONSIDERED AS DIMINUTION OF BENEFITS.
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2. Same rate as the Basic
Education teachers –
possibly diminution of
salary and hence, may only
be done with consent of
faculty
3. Midway compromise between
college and basic education
rates -- possibly diminution of
salary and hence, may only be
done with consent of faculty
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4. If does not agree to
Options 1 or 3, then:
Retrenchment
Early Retirement Floating Status/
Sabbatical without pay/
secondment
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- FACULTY MOVEMENT TO 11TH-12TH GRADES AND CONSEQUENT DECREASE IN SALARY IS NOT TO BE CONSIDERED A DIMINUTION IN SALARY OR BENEFITS
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FOR THOSE INSTITUTIONS WITH COLLECTIVE BARGAINING AGREEMENTS:
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Separation pay rates for retrenchment will DEPEND on the provisions of the CBA
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• May already initiate grievance or LMC proceedings to discuss transition period and POSSIBLE MORATORIUM ON WAGE INCREASE
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FINANCIAL PROJECTIONS BASED ON CONSERVATIVE ESTIMATES OF 50% ENROLLMENT DECLINE
DETERMINE FEASIBILITY OF STUDY
GRANTS AND SABBATICAL LEAVES
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CHECK ON FACULTY AND STAFF WHO ARE ALREADY QUALIFIED FOR MANDATORY AND EARLY RETIREMENT, AND COMPUTE HOW MUCH THAT WILL COST
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DETERMINE FEASIBILITY OF
NEW COURSES OR BRIDGING PROGRAMS OR SHORT TERM CERTIFICATE COURSES
FINANCIAL PROJECTION ON RETRENCHMENT PROGRAM
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FOR FURTHER QUESTIONS: PLEASE EMAIL OR CALL:
Ada D. Abad Cell: 0917-526-9732
[email protected] Ofc: +632-844-0583/ +632-843-8621