security of tenure.powerpoint presentation
- 1. SECURIT Y OF TENURE/ APPOINTMENT J U L I E A N N T. D A T O
- 2. SECURITY OF TENURE/ APPOINTMENT • According to Republic Act No. 4670 also known as the Magna Carta For Public School Teachers approved and signed on June 18, 1966, under Article II Recruitment and Career, Section 5. Tenure of Office, “Stability on employment and security of tenure shall be assured the teachers as provided under existing laws.”
- 3. • Subject to the provisions of Section three (Recruitment and Qualification) hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.
- 4. Section 63 or the Probationary Period; Regular or Permanent states that “A probationary period of not more than three years in the case of the school teaching personnel and not more than six months for non-teaching personnel shall be required for employment in all private schools. A school personnel who has successfully undergone the probationary period herein specified and who is fully qualified under the existing rules and standards of the school shall be considered permanent. SECURITY OF TENURE IN PRIVATE SCHOOLS ACCORDING TO MANUAL OF REGULATIONS FOR PRIVATE SCHOOLS
- 5. Section 64 or the Security of Employment for Private Schools states that “Stability and Security of Employment shall be assured all private personnel as provided for under this Manual and other applicable laws. School personnel shall be provided with a contract or appointment in accordance with their employment status in school.”
- 6. • According to Policy Instructions No. 11 issued by the Department of Labor and Employment, "the probationary employment of professors, instructors and teachers shall be subject to standards established by the Department of Education and Culture". Said standards are embodied in paragraph 75 of the Manual of Regulations for Private Schools, to wit: 75. Full time teachers who have rendered three consecutive years of satisfactory service shall be considered permanent. The legal requisites, therefore, for acquisition by a teacher of permanent employment, of security of tenure, are as follows: 1) the teacher is a full time teacher; 2) The teacher must have rendered three consecutive years of service; and 3) such service must have been satisfactory.
- 7. • The standards by which the service of the probationary teacher may be adjudged satisfactory so that he may acquire permanence in his employment or security of tenure, are set by the school. The setting of those standards, and the determination of whether or not they have been met, have been held with this Court to be prerogative of the school, consistent with academic freedom and constitutional autonomy by which educational institutions have the right to choose who should teach.
- 8. • The acquisition of security of tenure by the teacher in the manner indicated signifies that he shall thenceforth have the right to remain in employment as such teacher until he reaches the compulsory retirement age in accordance with the rules of the school or the law. That tenure, once acquired, cannot be adversely affected or defeated by requiring the teacher to execute contracts stipulating the termination of his employment upon the expiration of a fixed period or term. Contracts of that sort are anathema and will be struck down as null and void.
- 9. PUBLIC SCHOOL TEACHERS’ BENEFITS 1. Persons in Authority Commonwealth Act No. 578 This law recognizes supervisors, teachers, and professors of public and recognized private schools as persons in authority.Any person guilty of assault made directly or indirectly upon a supervisor, teacher, or professor will be subject to penalty or imprisonment ranging from six months and one day to six years and a fine from P500.00 to P1,000.00. (Approved, June 8, 1940)
- 10. 2. Study Leave Magna Carta’s Section 24 Study Leave states: “In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however,That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes.
- 11. • The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation.
- 12. 3. Maternity Leave Commonwealth Act No. 647, as amended by Rep.Acts No. 270 and 1564, provides maternity leave to regular and Temporary female who are married. A. Regular teachers with two and a half or more years of service are entitled to 60 days of maternity leave with full pay, while those with less than two and a half years of service are entitled to 60 days, with half pay. B. Temporary teachers with at least two years of service are entitled to 60 days of maternity leave with half pay. Republic Act No. 11210, an Act Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers with an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting an Additional Fifiteen (15) Days for Solo Mothers, and for Other Purposes. (February 20, 2019)
- 13. 4. OutsideTeaching DepEd Order No. 9, s. 1959 enclosed to B.P.S. Circular No. 4, s. 1960 and general Letter No. 112, dated July 11, 1960, allows public school teachers, elementary, or high school to teach in private evening schools in not more than 12 hours a week in addition to their regular loads in their own schools.
- 14. 5. Retirement Benefits R.A. 4670, Article V Section 26. Salary Increase upon Retirement. “Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.” A lifetime monthly pension equivalent to 90% of their monthly salary is given to those who retire at age 60, under Presidential Decree No. 1146 (Old Age Pension). Under Republic Act 660 (Magic 87’), an annuity benefit equivalent to 80% of the monthly salary for the last three years shall be given to those who retire at the age 63.
- 15. 6. Indefinite Leave R.A. 4670,Article V Section 25 An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.
- 16. 7. Vacation and Sick Leave (Revised Administrative Code Sec. 275, as amended by Commonwealth Act No. 220 and RA No. 218) A. Vacation and sick leave are cumulative and any part which may not be taken within the school calendar year may be carried over to the succeeding year. B. A sick teacher who has used his accrued leave privileges is entitled to go sick leave without pay. The Department of Education maintains that teachers are entitled to vacation service credits, which serves as their sick and vacation leaves.
- 17. 8.Vacation Pay As defined in Section 9 of the Civil Service Commission’s Memorandum Circular No. 41, s. 1998, vacation service credits are leave credits earned for services rendered on activities during summer or Christmas vacation, as authorized by proper authority, or services done beyond the regular functions or beyond regular work hours/ days where payment of honorarium is not possible in the course of the regular school year. Aside from vacation service credits, unique to the teachers is the Proportional Vacation Pay (PVP). The total PVP that shall be earned by teachers will be based on the computation to be provided by DepEd every school year.
- 18. All teachers, except those who are on vacation and sick leave basis are on the teacher’s leave basis.They are all entitled to pay during Christmas and long vacation. Temporary teachers who have served at least six months are also entitled to vacation pay.Teacher’s vacation pay may be commuted or paid in advance.
- 19. 9. Compulsory Insurance (Commonwealth Act No. 186, as amended by Rep. Act Nos. 660 and 1616) A. Provides for life and retirement insurance. B. Membership in the GSIS is compulsory upon all teachers, except those who are substitute, upon all regularly and permanently appointed school employees.
- 20. 10. Service Credits A teacher on the teacher’s leave basis is given service credit when he asked to work during the vacation period. This service credit may be used to offset past and future absences due to illness or other reasonable cause.
- 21. 11. Salary Loan Public school teachers are allowed to borrow money from the Government Insurance System, an amount not exceed his monthly salary. 12. Free Medical Consultation The public school teachers are required to have annual physical check-up. They are given free medical consultation by the school physician.
- 22. RA 4670 Article IV, Section 22. Medical Examination and Treatment. Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. Where medical examination show that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers. In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section.
- 23. 13. Compensation for Injuries Teachers are protected against the consequences of employment injuries.The effects of the physical and nervous strain in the teacher’s health shall recognized as a compensable occupational disease in accordance with the existing laws.
- 24. 14. Cost of Living Allowance. Section 18 (RA 4670), teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government.The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ.
- 25. 15. Special Hardship Allowances. Section 19 (RA 4670), in areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.
- 26. 16. Academic Freedom (Sec 5, Article XIV of the Philippine Constitution and by RA No. 4670 which is known as the Magna Carta for Public School Teachers) Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.
- 27. PRIVELEGES OF TEACHERS IN PRIVATE SCHOOLS 1. Social Security System Provides its members the following benefits: death, disability, sickness, and retirement benefits. 2. Maternity Leave (R.A. 679) Provides maternity leave to married female teachers in private schools.
- 28. 3. Study Leave Section 105 of the Manual of Regulations for Private Schools states that “Any school teaching personnel may be granted a study leave for such period as may be necessary to enhance his professional qualification, and the period availed of shall be counted for seniority and retirement purposes, subject to the rules and policies of the private school.” 4. Vacation Pay In some private schools or universities, teachers are given bonuses for extra work done during summer vacation.
- 29. 5. Premium and Overtime Pay for Holiday and Rest Day Section 98 of the Manual of Regulations for Private Schools states that “Any school personnel performing work on holidays or on his scheduled rest days, not exceeding eight hours, shall be paid by the private school his regular salary. For work performed in excess of eight hours on such days the additional compensation to be paid shall be equivalent to his rate for the first eight hours plus at least thirty percent thereof.”
- 30. 6. Careerism in School Employment (Under Section 103 of Manual of Regulations of Private Schools) Every private school shall have a retirement plan for its school personnel under permanent status in accordance with such regulations as may be issued by the Secretary, in order to foster and enhance their career prospects in the system. Retirement benefits for part – time school personnel may likewise be provided for in accordance for the policies and rules of the school.”
- 31. 7. Retirement Benefits (Section 104 of Manual of Regulations for Private Schools) Any school personnel may be retired upon reaching the retirement age established in the rules and policies collective bargaining, or other applicable employment contract in each private school. In case of retirement, the school personnel shall be entitled to receive such benefits as he may have earned under existing laws or school rules and policies, or applicable collective bargaining or other agreements.
- 32. PHILIPPINE DEPED TEACHERS BENEFITS AND INCENTIVES 1. Performance Based Bonus (PBB) This is under E.O. 80 s. 2012 which is supposed to arrive on February to March.This consists of 50 – 60% of the basic salary of teachers. 2. Clothing Allowance This comes in the amount of Php 6,000.00 and is bound to arrive every April of the year. 3. Mid –Year Bonus This is under DBM No. 546 and is equal to 1 month basic salary.This is bound to arrive every May of the year.
- 33. 4. PVP – ProportionalVacation Pay (Rule XVI of the Omnibus Civil Service Rules, Sec. 6) 70 days PVP during summer and Christmas break. This is only for those who have rendered full services during the school year. 5. Teaching Supplies Allowance (Chalk Allowance) This comes in the amount of Php5, 000.00 and will come out June – July. 6. DepEd Anniversary Bonus This is under DBM No. 452 and is worth Php3, 000.00 which is due on October.
- 34. 7. Year – end Bonus This is equal to 1 month basic salary and is due on November. 8. Cash Gift This is in the amount of Php5, 000.00 and expect to receive this on November. 9. PEI (Productivity Enhancement Incentive) This is also amounting to Php5, 000.00 and expect to receive this on December.
- 35. 10. Service Recognition Incentive (SRI) Given to the government employees to recognize their collective and unceasing participation in and invaluable contribution to the Administration’s continuing efforts toward the establishment of streamlined government processes and more responsive delivery of public services. In previous years, each of the following Executive Department workers received an SRI of not more than ten thousand pesos (Php10, 000.00). 11. Special Hardship Allowance 15% to 25% of monthly salary and this is for teachers assigned in hardship post.
- 36. 12. Step Increment Granted for 3 years of continuous satisfactory service in the position. 13. Loyalty Cash Incentive Php5, 000.00 – Php10, 000.00 on 10th year in service and every 5 years of after 10 years. 14. Travel Allowance This is Php2, 000.00 monthly for mobile teachers.
- 37. 15. Personnel Economic Relief Allowance (PERA) Php2, 000.00 monthly 16. GSIS benefits Retirement and life insurance premium 17. Phil Health Benefits Hospitalization and annual physical examination.
- 38. THANK YOU!! J U L I E A N N T. DATO