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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

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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

DepEd’s K-12 SHIFT

CHED’s OTBQA

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• 50% ENROLLMENT DECLINE FROM 2017-2020

• FACULTY WITHOUT LOADS

FOR TWO YEARS • FACULTY MOVEMENTS

FROM COLLEGE TO SHS

• HOW MUCH COMPENSATION

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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

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By 2003, the idea of an ASEAN Community (probably pattered after the

European Union model) was established.

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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

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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.

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As of January 2007 – the Philippine Government had already committed to the vision of the ASEAN COMMUNITY as a SINGLE MARKET AND PRODUCTION BASE

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Cebu International Convention Center

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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

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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)

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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:

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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.

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TO SUSTAIN OPERATIONS OF THE SCHOOL DURING THE TRANSITION PERIOD

MANAGEMT PREROGA-

TIVES

ACADEMIC FREEDOM

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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

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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).

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WHAT WE KNOW BY NOW:

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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 -

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Based on slides of Dr. Isagani Cruz presented during 2013 CEAP National Convention

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2. WE KNOW THAT – SOME COLLEGE G.E. SUBJECTS ARE TO BE PUSHED DOWN TO 11TH AND 12TH GRADES

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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

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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)

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WHICH LEADS US TO THE

BIG PROBLEM:

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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?

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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?

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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

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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

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WILL WE GO BACK TO

“NORMAL”

ENROLLMENT RATES?

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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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4. WE KNOW –

WHO WE CAN

HIRE FOR

GRADES 11

AND 12

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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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EFFECT1:

SOME faculty movements will

become permanent

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EFFECT2:

NOT all faculty members may

be absorbed into K-12

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NUMBER OF PERSONNEL

AND TRANSFER OF EMPLOYEES

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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.

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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

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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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EARLY RETIREMENT

PACKAGE

VS.

RETRENCHMENT

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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

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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.

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FOR THOSE FACULTY RETAINED DURING TRANSITION

ASSIGN GRADE 11-12

SUBJECTS OR FROM

BRIDGING PROGRAMS TO

QUALIFIED AND WILLING PROFESSORS FROM THE

COLLEGE LEVEL ADA ABAD PI LAMBDA THETA

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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

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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:

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FOR TWO YEARS

• same rates as

full-time;

• if not possible,

then by

agreement on a

temporary

basis

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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,

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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.

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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:

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POSSIBLE INNOVATION:

SOME 11th-12th GRADE ELECTIVE SUBJECTS MAY BE CREDITED TO COLLEGE SUBJECTS IN FIELDS OF SPECIALIZATION

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POSSIBLE INNOVATION: CREATE NEW COURSES OR SHORT TERM CERTIFICATE COURSES THAT WILL ENABLE CREATION OF SUBJECTS FOR DISPLACED FACULTY

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By 2003, the idea of an ASEAN Community (probably pattered after the

European Union model) was established.

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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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SEEING THIS PROBLEM, WHAT CAN WE DO?

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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.

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FLOATING STATUS OR

SABBATICAL LEAVE

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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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AGREEMENT

TO GO ON

SABBATICAL LEAVE

• With pay?

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• Without

pay?

SABBATICAL LEAVE

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

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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

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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

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REDUNDANCY OR

RETRENCHMENT

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REDUNDANCY

Where the services

of an employee are

IN EXCESS of what

is reasonably

demanded by the

actual requirements

of the enterprise

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OPTION D: REDUNDANCY

Where the services

of an employee are

IN EXCESS of what

is reasonably

demanded by the

actual requirements

of the enterprise

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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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• 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

to avoid serious business losses

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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)

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It is certain that HEIs will experience HUGE LOSSES.

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HOW IS RETRENCHMENT IMPLEMENTED?

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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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• 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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SECONDMENT

OF COLLEGE

PROFESSORS

TO THE

GOVERMENT

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SOURCE: PROPOSED DOLE ACTION PLAN ON THE IMPLEMENTATION OF RA 10533

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TWO SCENARIOS PROJECTED BY DEPED ON NUMBER OF TEACHERS NEEDED FOR SHS PROGRAM IN 2017:

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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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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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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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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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HOW MUCH WILL YOU

PAY A COLLEGE FACULTY

WHO WILL BE TRANSFERRED

TO SHS?

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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?

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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

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TWG MANAGEMENT PANEL COULD NOT

AGREE TO THIS.

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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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OPTIONS

1. Same rate as

the College

professors –

no problem

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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

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