Law Summary
Recruitment and Qualifications
- Department of Education defines recruitment and selection policies.
- Minimum qualifications:
- Kindergarten/elementary: Bachelor’s degree in Elementary Education.
- Secondary: Bachelor’s in Education or equivalent with major/minor or Bachelor’s in Arts/Science with professional education units.
- Vocational/technical secondary: Bachelor’s in specialization with professional units.
- Collegiate (non-vocational): Master’s with specialization.
- Temporary appointments allowed if no qualified applicants available.
- Competitive exams may be required; results public.
Probation and Tenure
- No probation period if teacher has civil service eligibility and adequate training.
- Without eligibility, provisional appointment with at least one-year probation required.
- Security of tenure ensured by law.
- Provisional appointees may attain permanent appointment after ten years of efficient service.
Transfer and Notification
- Transfers require teacher’s consent unless justified by cause.
- School superintendent must notify teacher with reasons before transfer.
- Teacher may appeal transfer decision; transfers suspended during election periods.
- Government pays transfer expenses if transfer approved.
Code of Professional Conduct and Disciplinary Safeguards
- Secretary of Education to issue a Code of Professional Conduct within six months.
- Teachers entitled to a copy or accessible copies at school.
- Due process rights in disciplinary actions include:
- Written notice of charges.
- Access to evidence.
- Right to defense and representation.
- Adequate time to prepare defense.
- Right to appeal.
- No publicity during pending disciplinary cases.
- Administrative charges initially heard by a committee including Superintendent, teachers’ organization representative, and division supervisor.
- Special provisions if Superintendent is complainant.
Non-Discrimination and Employment Considerations
- No discrimination on non-professional grounds in hiring, retention, or termination.
- Authorities encouraged to employ married teacher couples in same locality when possible.
- Teachers enjoy academic freedom in professional duties, especially teaching and classroom methods.
Hours of Work and Compensation
- Maximum six hours actual classroom teaching; scheduled to allow preparation time.
- May require up to eight hours with additional pay (regular rate plus at least 25%).
- Activities beyond regular duties, including co-curricular and out-of-school activities, compensated with additional pay.
- Salary criteria include competitiveness with similar occupations, reasonable living standards, and graded scales recognizing responsibilities.
- Salary progression via regular increments every three years over ten years, subject to satisfactory performance.
- Local government-paid teachers must receive salaries not lower than national standards.
- Cost-of-living allowance to follow cost-of-living index automatically.
- Special hardship allowances of at least 25% of monthly salary for difficult or hazardous work locations.
- Salaries paid in legal Philippine tender or cashable checks/warrants.
- Unauthorized salary deductions prohibited except lawful dues and insurance premiums with teacher’s written consent.
Health and Injury Benefits
- Free compulsory medical examinations pre-employment and annually.
- Free medical treatment and hospitalization as needed.
- Reimbursement for travel to medical facilities in underserved regions.
- Protection from employment-related injury consequences; recognition of physical and nervous strain as compensable occupational hazards.
Leave and Retirement Benefits
- Study leave up to one school year after seven years of service, with 60% of salary during leave.
- Study leave must be used within prescribed schedules and requires satisfactory academic performance.
- Additional study leave up to one semester allowed for thesis completion but without pay.
- Indefinite sick leave granted for illnesses requiring long-term treatment.
- Salary increase of one range upon retirement, used in retirement pay and benefits computations.
Teachers’ Organizations Rights
- Teachers have the right to freely form and join organizations without prior authorization.
- Protection against discrimination or coercion related to organizational membership or activities.
- Unlawful to make employment conditional on organizational non-membership or to penalize participation.
- National teachers’ organizations to be consulted on educational policies and social security matters.
Administration and Enforcement
- Secretary of Education tasked to issue implementing rules and regulations.
- Regulations take effect 30 days after publication.
- Annual budget estimates to be submitted for teacher benefits implementation.
- Penal provision: fines or imprisonment, and dismissal if public official, for acts interfering with teachers’ rights under the Act.
- Repeals inconsistent laws, orders, or rules.
- Separability clause ensures law’s validity even if parts are invalidated.
Effectivity
- The Act takes effect immediately upon approval.