ada abad aashpi k-12 and asean 2015: problems and possibilities 082914

1

THE K-12 AND

ASEAN 2015:

PROBLEMS

AND

POSSIBILITIES

ATTY. ADA D. ABAD Legal Counsel, Philippine Association of Colleges and Universities (PACU)

Former Vice-Dean, Lyceum College of Law

Managing Partner, Abad Abad & Associates Law Offices

AASHPI National Convention, 29 August 2014

Diamond Hotel Ballroom, Roxas Blvd., Manila

ADA AASHPI LABOR K-12

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2

LABOR AND

ADMINISTRATIVE

ISSUES RELATING TO IMPLEMENTATION

OF THE K-12 SHIFT IN THE

CONTEXT OF ASEAN 2015


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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 (promulgated 30 May 2014)

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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:

DepEd’s

K-12 SHIFT CHED’s

OTBQA

7 ADA AASHPI LABOR K-12

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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 9 ADA AASHPI LABOR K-12

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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. 14 ADA AASHPI LABOR K-12

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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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installation of

allegedly

overpriced

lamp posts in

Cebu worth

P365 million The said lampposts reportedly cost

P224,000 each in Mandaue and

Lapu-Lapu. The regular price of

each post is only P83,000,

according to Marlina Alviso, the

Department of Public Works and

Highways assistant director for

Central Visayas


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Cebu International Convention Center

P800 Million


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Our collective antennae been have trained to

latch on to political and/or socio-cultural

developments in the United States


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and dismiss the news relating to

our ASEAN neighbors

as mere trivia.


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Thus, it had led Dr. Natalia Morales, the vice-

president of the Philippine Council for Foreign

Relations, to lament:

“There is no regular ASEAN habit of

mind in our shores. One has to seek special

website editions to know what's happening and

what the official support the ASEAN program

requires and deserves from us. The recent

postcard-sending campaign of the Departments

of Education and Foreign Affairs, in cooperation

with ASEAN embassies, partly addressed this

lack of ASEAN awareness among Filipino youth.” Dr. Natalia Morales, “Shaping our ASEAN mindset”, Inquirer article, 30 July 2007.

http://www.inquirer.net/specialreports/12thASEANSummit/view.php?db=1&article=20070730-79407

http://www.inquirer.net/specialreports/40amm/

http://www.inquirer.net/specialreports/40amm/


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NOW THAT THE

DECEMBER 2015 ASEAN

INTEGRATION DEADLINE

IS NEARLY UPON US,

HOW DO WE ADDRESS IT

FROM THE PERSPECTIVE

OF EDUCATION?


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From the human

capital perspective, a

successful ASEAN

integration will require

education systems

of the region to

provide individuals

with requisite skills

for a changing

labour market.


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LAST TWO

MINUTES

Jee Geronimo, “PH Basic Education: Cramming toward ASEAN 2015”.

Rappler, 03 December 2013. http://www.rappler.com/move-

ph/issues/education/45117-asean-2015-philippine-basic-education


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“When it comes to

the impending

ASEAN 2015

economic integration

in 2015, the

Philippines is

cramming things it

should have done a

decade ago because

bureaucracy got in

the way then. xxx.” Ibid., Jee Geronimo’s Rappler

article.


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TO SUSTAIN OPERATIONS OF THE SCHOOL

DURING THE TRANSITION PERIOD

MANAGEMT

PREROGA-

TIVES

ACADEMIC

FREEDOM


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• who may teach

• what may be taught

• how it shall be taught;

• and who may be admitted to

study. (Garcia vs. The Faculty Admission Committee, Loyola

School of Theology, 68 SCRA 277, citing Justice Frankfurter's concurring

opinion in Sweezy v. New Hampshire, 354 US 234, 263 [1957]).


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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 WAY WE HAVE BEEN

TAUGHT TO ACHIEVE

SUCCESS:

IF IT FAILS, THEN JUST DO

THE SAME THING HARDER.

= SUCCESS


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WHAT IS IT THAT YOU WANT

YOUR YOUNG FILIPINOS TO

BECOME?


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COHERENCE:

Processes are contextual,

and as such, processes in

the school system must be

tangible for everybody.


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S.H.S INTERFACE UNIVERSITY


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FIRST CONCERN POSED

DURING PREVOUS SUMMITS:

Whether the School

would have sufficient

resources to put up a

senior high school

facility (Grades 11

and 12), to add to its

present ten-year

basic education

program.

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SMALLER STAND-ALONE

COLLEGES MAY NOT

HAVE THE MONEY FOR

A RETRENCHMENT

PROGRAM


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ANSWERS/PROPOSALS:

1. EXPANSION OF EGASTPE LAW

through existing programs in

Republic Act No. 8545:

• Tuition fee supplements

• Educational Service Contracting

scheme

• Education Loan fund

2. PUBLIC-PRIVATE PARTNERSHIP

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NEW DEVELOPMENT:

PROPOSED P30 BILLION

STABILIZATION FUND


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'P30-B STABILIZATION FUND needed to

ease K-12 impact' By Pia Gutierrez, ABS-CBN News

Posted at 06/24/2014 4:07 PM | Updated as of 06/24/2014 4:07 PM

MANILA - The Commission on Higher Education (CHED), the Department of

Labor and Employment (DOLE), and Technical Education and Skills

Development Authority (TESDA) are appealing to Congress to create an

estimated P30 billion stabilization fund to help mitigate the effects of the

K-12 program.

It also aims to help more than 30,000 faculty and non-teaching

staff all over the country who face massive displacement as a

result of the program.

The action plan includes several mitigation measures, including an expanded

Government Assistance to Students and Teachers in Private Education

(GASTPE) program, livelihood training and assistance for the teachers.


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NEW DEVELOPMENTS

PER EDUCATION INDUSTRY

STAKEHOLDERS’ DIALOGUE

ON K-12 IMPLEMENTATION

HELD LAST WEDNESDAY, 27

AUGUST 2014:


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COMPONENTS OF THE

PROPOSED TERTIARY

EDUCATION SCTOR

TRANSITION FUND

(STABILIZATION FUND) FOR

THE INTERIM PERIOD 2016-

2021 INCLUDE


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•COMPLEMENTARY TUITION

OR SCHOOLING SUBSIDY

IN ADDITION TO E-

GASTPE;


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• FINANCIAL

ASSISTANCE TO

RETAINED EMPLOYEES

WHO ARE NOT

TRANSFERRED TO SHS (RESEARCH OR STUDY

GRANTS);


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• FINANCIAL

ASSISTANCE TO

RETRENCHED

EMPLOYEES OF HEIS

DURING INTERIM

PERIOD


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• LOAN ASSISTANCE

OR AMORTIZATION

WITH LANDBANK OR

THE DBP


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SCENARIO 1:

BASIC

EDUCATION

SCHOOL DOES

NOT SET UP AN

11TH AND 12TH

GRADE; NO

COLLEGE LEVEL ADA AASHPI LABOR K-12

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1.1 NO ADDITIONAL

REQUIREMENT FOR

FACULTY AND

HENCE, NO

MOVEMENT


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1.2 SCHOOL GIVES

CERTIFICATE FOR

JUNIOR HIGH SCHOOL, AND RELEASES TRANSFER

CREDENTIALS FOR JUNIOR

HIGH SCHOOL GRADUATE


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1.3 SCHOOL MAY COME UP

WITH MEMORANDUM OF

AGREEMENT AS FEEDER

SCHOOL TO:

A STAND-ALONE 11-12TH

GRADE SCHOOL OR

ANOTHER SCHOOL WITH

11-12TH GRADES OR

CONSORTIUM SENIOR HIGH

SCHOOL


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• NO ADDITIONAL EXPENSES

• NO LOGISTICAL PROBLEM

ON FACULTY MOVEMENT


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• POSSIBILITY THAT SCHOOL

MAY LOSE SOME OF THE HIGH

SCHOOL GR7-10 MARKET AS

PARENTS WOULD WANT

INTEGRATED SENIOR HIGH

SCHOOL ADA AASHPI LABOR K-12

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SCENARIO 2:

BASIC

EDUCATION

SCHOOL WILL

SET UP 11TH AND

12TH GRADES; NO

COLLEGE LEVEL


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PARAMETERS OF

SCENARIO 2:

1. K-12 FULLY IMPLEMENTED

2. AY 2016-2017

AY 2017-2018

GRADES 11TH

AND 12TH TO BE

SET UP BY

SCHOOL

3. NO COLLEGE LEVEL


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2.1 CHECK WHETHER THE

SCHOOL’S PRESENT

FACULTY COMPLEMENT

HAVE THE NECESSARY

NUMBERS TO ADDRESS

THE ADDITIONAL TWO

(2) YEARS

76

2.2 IF PRESENT FACULTY

COMPLEMENT

SUFFICIENT TO

ADDRESS THE 11TH-12TH

GRADES REQUIREMENT,

THEN SIMPLY ASSIGN

SUBJECTS TO THEM.

CONSIDER OVERLOAD


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2.3 IF PRESENT FACULTY

COMPLEMENT IS NOT

SUFFICIENT TO

ADDRESS THE 11TH-12TH

GRADES REQUIREMENT,

THEN SCHOOL MUST

HIRE NEW FACULTY


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SCENARIO 3:

BASIC

EDUCATION

SCHOOL WILL

SET UP 11TH AND

12TH GRADES;

WITH COLLEGE

LEVEL ADA AASHPI LABOR K-12

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SCENARIO 4:

COLLEGE LEVEL; WITH OR WITHOUT

BASIC ED SCHOOL

BUT PUTTING UP

11TH- 12TH GRADES


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PARAMETERS OF

SCENARIOS 3 & 4:

1. K-12 FULLY IMPLEMENTED

2. AY 2016-2017

AY 2017-2018

(2018- 2020)

NO FIRST YEAR

COLLEGE

STUDENTS

(PLUS EFFECT)

3. WITH BOTH BASIC ED AND COLLEGE

LEVELS; OR PUTTING UP SENIOR HIGH

SCHOOL ADA AASHPI LABOR K-12

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IN SCENARIOS 3 & 4, YOU

HAVE A COLLEGE WHICH WILL

HAVE NO 1ST YEAR COLLEGE

ENROLLEES FOR ACADEMIC

YEARS 2016-2017 AND 2017-

2018, WHEN THE K-12 IS FULLY

IMPLEMENTED AND 11TH-12TH

GRADES IN TRANSITION ADA AASHPI LABOR K-12

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POSSIBLE INNOVATION:


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SOME 11th-12th GRADE

ELECTIVE SUBJECTS MAY BE

CREDITED TO COLLEGE

SUBJECTS IN FIELDS OF

SPECIALIZATION


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TARGET THE CHED

PRIORITY COURSES

for AY 2014-2018

CMO No. 1, series of 2014



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SECOND CONCERN:

IS THE PASSING OF

THE LICENSURE

EXAMINATION FOR

TEACHERS (LET) A

NECESSARY ELEMENT

FOR HIRING TEACHERS

IN THE SENIOR HIGH

SCHOOL (GRADES 11

AND 12)? 97


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WHO MAY BE HIRED FOR

SHS?: ANSWER (PER K-12 AUG 27 2014 DIALOGUE FAQs):


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1. GRADUATES OF SCIENCE, MATHEMATICS,

STATISTICS, ENGINEERING, MUSIC AND

OTHER DEGREE COURSES WITH

SHORTAGES IN QUALIFIED LET

APPLICANTS TO TEACH IN THEIR

SPECIALIZED SUBJECTS IN ELEMENTARY

AND SECONDARY EDUCATION; PROVIDED:

• IF FULL TIME as such Basic or Secondary

Ed teacher, must pass LET within 5 years

from hiring.

• NO NEED FOR LET if only part-timer

100

SCENARIOS ON HIRING OF FRESH

GRADUATES PER SENATE BILL:

GENERAL RULE: LET PASSER

EXCEPTION:

1. College graduates in areas with

shortage of LET applicants to teach

largely in field of specialization

a. If full-time, must take LET within 5

years

b. If part-time only, no LET needed


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If hiring Fresh Graduates for possible

FULL-TIME position, then may be given

contracts with same policies and

requirements as probationary faculty

PROBLEM:

Not in synch with requirements for regular

or permanent status under MORPHE viz., 3

consecutive years of satisfactory full-time

teaching vs. 5 years to take LET

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POSSIBLE SOLUTIONS:

• stick with 3-years; otherwise, will

become regular/permanent

• If not possible, agreed extension

of prob employment

• If not possible, reversion to part-

time

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2. FACULTY OF HIGHER EDUCATIONAL

INSTITUTIONS SHALL BE ALLOWED TO

TEACH IN THEIR GENERAL EDUCATION OR

SUBJECT SPECIALTIES IN THE SECONDARY

EDUCATION; PROVIDED:

• THAT THE FACULTY MUST BE A HOLDER OF A

RELEVANT BACHELOR’S DEGREE, MASTER’S

DEGREE, OR MASTER’S DEGREE WITH THE RELEVANT

PROFESSIONAL LICENSE, AND

• MUST HAVE SATISFACTORILY SERVED AS A

FULL-TIME HEI FACULTY (THUS, ALREADY A

REGULAR/ PERMANENT FACULTY)

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CLARIFICATION MADE DURING THE EDUCATION

STAKEHOLDERS’ DIALOGUE (SOURCE: FAQs released

by the DOLE) –

WILL THE LET REQUIREMENT

APPLY TO FULL-TIME HEI

FACULTY MEMBERS WHO WILL

BE TEACHING IN THE

SECONDARY EDUCATION OR

SENIOR HIGH SCHOOL?


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LET IS NOT REQUIRED FOR FULL-

TIME FACULTY MEMBERS OF THE

HEIS TO TEACH IN SECONDARY

EDUCATION, PURSUANT TO

SECTION 8[c] OF RA 10533.


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3. GRADUATES OF TECHNICAL-

VOCATIONAL COURSES TO TEACH IN

THEIR SPECIALIZED SUBJECTS IN THE

SECONDARY EDUCATION; PROVIDED:

• POSSESS TESDA CERTIFICATION; AND

• UNDERGO PROPER IN-SERVICE

TRAINING PROGRAM TO BE

ADMINISTERED BY DEPED.

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CLARIFICATION MADE DURING THE EDUCATION

STAKEHOLDERS’ DIALOGUE (SOURCE: FAQs released

by the DOLE) –

WILL THE FULL-TIME HEI

FACULTY MEMBERS BE

ALLOWED TO TEACH

TECHVOC SUBJECTS

WITHOUT NEED OF NTTC?


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UNLIKE DEPED, TVET HAS NOT RELAXED

ITS RULES AS YET.

ONLY THOSE WITH NATIONAL TVET

TRAINER CERTIFICATES (NTTC) OR

HIGHER CAN TEACH IN SPECIALIZED

TECHVOC SUBJECTS IN SECONDARY

EDUCATION.


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4. The DepEd and private schools may hire

PRACTITIONERS with expertise in the

specialized learning areas offered by the

Basic Education curriculum to teach in the

Secondary Level;

PROVIDED: That they teach on a PART-

TIME BASIS only

For this purpose, the DepEd, in coordination with the

appropriate government agencies, shall determine

the necessary qualification standards in hiring these

experts.

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THIRD CONCERN:

111

HOW WILL

K-12 AFFECT

COLLEGE

CURRICULUM

AND FACULTY


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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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2. WE KNOW THAT –

SOME COLLEGE

G.E. SUBJECTS

ARE TO BE

PUSHED DOWN TO

11TH AND 12TH

GRADES

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3. WE KNOW –

WHO WE CAN

HIRE FOR

GRADES 11

AND 12

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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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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




4. 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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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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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?


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 / will come back

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 OF

ENROLLEES (FOR NEW

COURSES OR BRIDGING

PROGRAMS OR SHORT-TERM

CERTIFICATE COURSES)

MONEY TO PAY

OFF EXPENSES

FOR K-12

TRANSITION


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SCHOOL

1. FINANCIAL PROJECTION

ON EXPENSES

2. DETERMINE

MARKET

3. FEASIBILITY OF NEW COURSES OR

SHORT TERM CERTIF

4. PROJECTED

INCOME


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PER FAQS ON JOINT GUIDELINES ON

IMPLEMENTATION OF LABOR AND

MANAGEMENT CONCERNS, ALL

EMPLOYEES SHALL BE ALLOWED TO

PARTICIPATE. ALL UNIONS AND

ASSOCIATIONS SHALL BE REPRESENTED.


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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

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 AASHPI LABOR K-12

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EARLY

RETIREMENT

PACKAGE

VS.

RETRENCHMENT


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SOME CONCERNS FOR EARLY

RETIREMENT OPTION:

• THIS ASSUMES THAT THE COLLEGE

HAS AN EARLY RETIREMENT

PROVISION IN THE RETIREMENT

PLAN

• ACTUARIAL STUDY OF POSSIBILITY

THAT A LARGE NUMBER WILL AVAIL

OF THIS EARLY RETIREMENT

PROVISION


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CONSIDER:

1. ACTUAL COMPUTED

AMOUNTS

2. POSSIBLE TAX

EXEMPTION


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TAX-FREE

EARLY

RETIRE-

MENT

BENEFITS


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CAN A TEACHING OR NON-TEACHING

PERSONNEL BE FORCED TO RESIGN OR

RETIRE? NO; ILLEGAL UNDER LAW.

MAY COLLEGE IMPLEMENT A RETRENCHMENT

PROGRAM BEFORE AY 2015-2016? DOLE WILL

NOT ALLOW RETRENCHMENT BEFORE K-12

IMPLEMENTATION,


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BECAUSE A VOLUNTARY SEPARATION

PACKAGE, BY WHATEVER YOU CALL IT, IS NOT A

“RETRENCHMENT PROGRAM”.

VOLUNTARY SEPARATION PACKAGE IMPLIES

“BILATERAL AGREEMENT BETWEEN PARTIES”.

RETRENCHMENT IS A UNILATERAL DECISION OF

THE COLLEGE, AND HENCE, NOT VOLUNTARY.


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FOR THOSE

COLLEGE

FACULTY

RETAINED

DURING

TRANSITION

ASSIGN GRADE 11-12

SUBJECTS OR FROM

BRIDGING PROGRAMS TO

QUALIFIED AND WILLING PROFESSORS FROM THE

COLLEGE LEVEL ADA AASHPI LABOR K-12

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SOME CONCERNS ON

RETRAINING AND RE-

TOOLING OF COLLEGE

FACULTY TO BE

TRANSFERRED TO SHS:


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1. WILL THERE BE A CHANGE

IN TEACHING

METHODOLOGY,

CONSIDERING THAT SHS IS

PATTERNED AFTER

COLLEGE ON A SEMESTRAL

BASIS?


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2. WHAT MODULES WILL BE

USED FOR RETRAINING?

AND WHO WILL PREPARE

MODULES – CHED OR

DEPED?


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3. WHO WILL DO THE

TRAINING? WILL THE

TRAINING BE

SUBSIDIZED BY GOVT?


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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 OR

SHORT TERM

CERTIF COURSES

FOR TWO YEARS

AGREE TO

PUT ON

FLOATING

STATUS OR

SABBATICAL

WITHOUT

PAY ADA AASHPI LABOR K-12

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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, 170


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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.

171


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PACU PROPOSAL:

Research funding or grants

could be one of the

components of the

P30 BILLION

STABILIZATION FUND


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COMMUNITY-OUTREACH

RESEARCH

PLUS

SPECIALIZED EQUIPMENT FOR

USE IN THE RESEARCH


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EXAMPLE:

DISASTER RISK AND REDUCTION

RESEARCH

PLUS

EQUIPMENT TO BE USED FOR THE

DISASTER RISK AND REDUCTION

RESEARCH


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IF RESEARCH WORK

UNACCEPTABLE,

THEN CONSIDER:


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CREATE NEW COURSES OR

BRIDGING PROGRAMS OR

SHORT TERM CERTIFICATE

COURSES THAT WILL ENABLE

CREATION OF SUBJECTS FOR

DISPLACED FACULTY


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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 market needs, both local and

international, as well as to the

requirements of national

development.” (Source: CHED 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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Source:

2014 CHED Statement on Academic Calendar and Phil. Higher Education


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FIRST ISSUE:

QUALITY OF OUR STUDENTS

• ARE OUR STUDENTS READY TO

ENGAGE STUDENTS FROM OTHER

ASEAN COUNTRIES?

• ARE OUR COLLEGE GRADUATES UP TO

PAR WITH THE GRADUATES OF THE

OTHER ASEAN COUNTRIES?


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DO OUR HEIs PRODUCE COLLEGE

GRADUATES WITH --

• TECHNICAL SKILLS AND

COMPETENCIES

• ABILITY TO COMMUNICATE, INNOVATE

AND COLLABORATE

• THINK CRITICALLY

• FIND AND SOLVE PROBLEMS; AND

• POSSESS THE COMMMITMENT TO

LIFELONG LEARNING?


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SECOND ISSUE:

HOW WELL WE HAVE PREPARED OUR

GRADUATES FOR THE WORLD OF

WORK?


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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.


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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






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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”.


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SEEING THIS

PROBLEM, WHAT

CAN WE DO?


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DOVETAIL OUR EFFORTS AT CURBING

THE NEGATIVE IMPACT OF

THE K-12 SHIFT BY:


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Suggestion 1:

Fast-track curriculum revision,

so that graduates of AY 2014-

2015 may be globally

competitive.


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Suggestion 2:

Short-term certificate courses

or bridging programs to

graduates of K-10 basic ed

curriculum


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We may integrate courses on comparative

study of the different ASEAN member-

states on the following:

• Legal systems

• Introduction to the culture and history

• International Business Transactions

(including obligations and contracts, as well

as cross-border contract negotiations)

• Labor and immigration laws


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REPUBLIC ACT NO. 10533 DOES NOT

EXPLICITLY STATE THAT ONLY K-12

GRADUATES MAY STUDY IN COLLEGE. THUS:

TWO OPTIONS PER ACADEMIC FREEDOM:

1. ALLOW THOSE WHO GRADUATED UNDER

OLD K-10 PROGRAM TO ENROLL

2. DO NOT ALLOW THOSE WHO GRADUATED

UNDER OLD K-10 PROGRAM TO ENROLL

WITHOUT GETTING A BRIDGING PROGRAM


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SUGGESTION 3:


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As it is, there is already a danger of

losing corporate middle management

positions to foreigners.


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Suggestion 4:

Adherence to a common

ASEAN qualifications

framework


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My niece and god-

daughter Peejay is a

graduate of the UP

College of Education.

She has a double

degree in European

Languages and

Special Education.

She had also taken

several units for her

masteral degree in

Education


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She went to Singapore

and applied for a

teaching job, and

submitted her

transcript of records.

The Singaporean

school asked her to go

back to the Philippines

to get a more complete

description of her

subjects and course.


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While I can honestly attest to the capabilities

of my niece, the fact remains that it was

difficult for her to be hired and prove

her worth solely on the basis of her UP

transcript.


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As it turned out, the Singaporean school could

not figure out the competencies of my niece,

because the transcript and course descriptions

given by the UP Registrar’s office merely

provided a one or two sentence description

of the contents of the course.

The Singaporean employer school

wanted to know what my niece could

already do after she shall have

completed and passed the subject.


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Inasmuch as it was not possible to

change her transcript and course

descriptions, she had to return to the

Philippines twice to look for her former

professors, get a copy of their

respective course syllabus and

request for a longer descriptive

narrative of the envisioned objectives

of the course.


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As a people, we are known to be good English speakers,

industrious, resilient , naturally caring and nurturing,

hospitable and easily adaptable. In other countries, the

employers look for Filipino workers – to fill up jobs in

nursing, medicine, teachers, caregivers, domestic

helpers, construction workers, precisely because of

these character traits.

The Filipino worker has his own

special niche in the global labor

market.


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That is our strength as a people. This

is our niche as a people. This is the

human equivalent of branding.


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That said, let us grab this opportunity and

help our graduates compete and

get hired -- even against the other

nationalities of the other ASEAN member-

counries, by highlighting their

competencies and strengths on paper

under a qualifications and quality

reference framework (I don’t care by

whatever name it is called), recognized as

a standard by the ASEAN countries.


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FLOATING

STATUS OR

SABBATICAL

LEAVE


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AGREEMENT

TO GO ON

SABBATICAL LEAVE


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RETRENCHMENT (NOT REDUNDANCY)


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It is certain that HEIs

will experience

HUGE LOSSES.

219


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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


NORMAL?


NORMAL?


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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. ADA AASHPI LABOR K-12

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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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IMPLEMENTING RULES


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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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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..


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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?

242


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IF SALARY OF THE HEI FACULTY WHO WILL BE

MOVED TO SHS WILL BE LOWER, THE

TRANSFER SHALL BE GOVERNED BY:

• INDIVIDUAL AGREEMENT; OR

• COLLECTIVE BARGAINING AGREEMENT, IF

ANY; OR

• SUCH OTHER ARRANGEMENTS AS MAY BE

ALLOWED BY LAW.


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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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FOR THOSE INSTITUTIONS WITH

COLLECTIVE BARGAINING

AGREEMENTS:

257

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

258


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MORATORIUM IN

INCREASES ON

SSS/GSIS/PHILHEALTH AND

PAG-IBIG CONTRIBUTIONS

259


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SOFT LOANS FROM

GOVERNMENT FINANCIAL

INSTITUTIONS OR OTHER

INTERMEDIARIES

260


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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

mailto:[email protected]


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