Labor Code for Private

Schools
Vincent D. Deocampo
III-A BSITE
 Section 90, MRPS - "Section 90.
Compensation - Every private school
provides for compensation policy where
compensation ranges should be graded
taking into account performance, merit
and differences in the qualifications and
responsibilities of various positions."

Compensation
 BASIC RULE: NO Salary Below Minimum
Wage (could not be waived)
REASON: The fixing of the minimum
wage, though not necessarily a living or
decent wage, benefits wage earners by
providing rock-bottom wage to be paid to
them by employers and below which the
rate must not fall.
 That wages are to be paid in legal tender
and that payment in the form of
promissory notes, vouchers or coupons,
or any other form alleged to represent
legal tender is prohibited.
 The wages shall be regularly paid directly
to the worker concerned on working days
ort near the workplace (No. 95 of the
International Labor Organization).

Rules on Salary Payment

 The Law prohibits from limiting in any
manner the freedom of the worker to dispose
of his wage (Art. 6, Convention 95, of the
International Labor Organization).
 The law mandates that deductions from
wages shall be permitted only under
conditions prescribed by national laws,
collective agreement or arbitration awards.
(Art. 8, Convention 95 of the International
Labor Organization)
 No compulsory assignments unrelated to
teaching duties - Education Act of 1982

 Magna Carta for Public School Teachers and

was subsequently also made for applicable to
faculty of private schools.
◦ Teacher's Duties normally include:
1. classroom teaching
2. co-curricular activities
3. research
4. community service

Working Conditions
 The principle of "extra pay for extra work"
entitles private school teachers to supplemental
pay for added work whether or not the latter is
connected with their school functions. However,
the extra assignment must be school-related for
if it otherwise, teachers may refuse the task
even if they are offered compensation for it.
 Teachers must be given opportunity to choose
career lines - in school administration, in
classroom teaching, or others, for purposes of
career advancement.
 Prohibition Against Unusually Heavy Teaching
Loads
 Elementary teachers should not be given full
charge of more than one class (or an
equivalent load, where departmental
teaching is concerned), secondary teacher,
not more than six 40-minute periods of
instruction. Full time college teachers, as a
general rule, not more than 18 hours a week.
- although the CHED, through several orders,
has fixed the maximum teaching load of
faculty members depending on the courses or
subjects they handle - 18 units.
 Meaning of Security of Tenure - in cases
of employment, the employer shall not
terminate the services of an employee
except for a just cause or when
authorized by law.

Tenure
 Probationary teachers generally security of
tenure in the sense that during their
probationary employment they cannot be
dismissed except for a cause. However, upon
the expiration of the contract of employment,
academic personnel cannot claim security of
tenure and compel the school to renew their
employment contracts.
 "Probationary" - one who is on trial by the
school during which the institution
determines whether or not he is qualified for
regular employment.
 "Probationary" - as used to describe the
period of employment implies the purpose of
the term or period but not its length.
 By virtue of DOLE-DECS-CHED-TESDA Order
No. 1, Series of 1996, the probationary for
teaching or academic personnel shall not be
more than three (3) consecutive school years
of satisfactory service for the those in
elementary and secondary schools, six (6)
consecutive semesters of satisfactory level
where collegiate courses are offered on a
trimester basis. These specified periods are
the maximum allowed and that under certain
conditions, regular status may be achieved in
less time.