CHAPTER 13Separation of teacher: Some Legal Bases

“NEMO TENETUR AD IMPOSIBILIA.”

No one is bound to do things that are imposible.

Knowing the grounds for dismissal of teachers is of paramount importance for everyone engaged in the business of

education.

THE LAW ON DISMISSAL The Law on Dismissal was first introduced

under the code of Commerce of the Philippines during the Spanish period. It was then popularly

known as the “M e s a d a . ” (Article 302, Code of Commerce).

This law regulate the dismissal of employees under which the employer is merely required to give an advance notice of one month to the employees to be dismissed , or in lieu, thereof, a separation of one month.

This basic concept of Mesada was re-embodied in subsequent laws enacted by the congress of the Philippines.

OTHER LAWS ON DISMISSAL

R.A. 1052, known as the Termination Pay Law enacted in June 1954.

R.A. 1787 one June 21, 1957 subsequently amended it. The basic principle of extending pay to the employees remained unchanged until the enactment of Presidential Decree No. 442, known as the Labor Code of the Philippines

Serious physical injury caused by the teacher is another ground for his or her dismissal.

“Permanent teacher shall be given appointment with permanent status – no teacher will be suspended or terminated from the service during the pendency of his contract or appointment except for cause and after due process.”

On this point, the 1987 Philippine Constitution mandated the State to afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation between workers and employees.

It further required the state to assure the rights of employees to self-organization, collective bargaining, security of tenure, just and human condition of work, and the institution of machinery for the settlement of dispute through compulsory arbitration.

These laws, which have something to do with security of tenure, were enacted in different

epochs, scenarios, time, and conditions,

The situation obtaining at the time of the enactment of the Labor Code of presidential decree No. 442, buy then President Marcos was totally different from the present situation we are in now and from the situation prior to Martial Law Times.

The employees and the lawmakers realised the one-sidedness of the Mesada as well as the Termination Pay Law.

Thus, the Labor Code abolished the concept of the almost absolute power of the employer to terminate the employee –employer relationship by merely paying the separation pay.

ALL TEACHERS, INSTRUCTORS, AND PROFESSORS, AS WELL AS SCHOOL ADMINISTRATORS MUST BE AWARE THAT THE LAW ON DISMISSAL COMPROMISES TWO PARTS:

* substantive *procedural aspects.

BOOK VI OF THE LABOR CODE POPULARLY KNOWN AS POST

EMPLOYMENT.

EMPLOYER IS ALSO AUTHORIZED TO TERMINATE THE EMPLOYEE-EMPLOYER RELATIONSHIP BY MERELY PAYING THE SEPARATION PAY.

the reduction of personnel by reason of redundancy, retrenchment, installation of Labor saving devices.

Illness and other similar causes.

CAUSES FOR DISCIPLINARY ACTION AND /OR DISMISSAL

The closing of cessation of operation of the establishment or enterprise.

Serious misconduct or wilful disobedience.

Gross and habitual neglect by the employee of his duty

Fraud or wilful breach by the employee of the trust reposed in him or by his employer or representative.

Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or representative.

Other analogous to the foregoing.

Termination cases are those commenced by complaints for unjust dismissal or application for clearance to dismiss or to shutdown an establishment, including issues of preventive suspension.

THE ESSENTIAL CONTENT OF AN APPLICATION FOR CLEARANCE FOR TERMINATION ARE:

a) the just cause for dismissal or shutdown relied upon by the employer;

b) the facts which provide the ground for such just cause;

c) a statement whether the employee has been or will be placed under preventive suspension and the facts justifying the suspension;

D) proof that the copy of the application has been served upon the employee concerned. ( No. 9, policy of Ins. No. 4, sec. of Labor ).

To effect the termination, it is necessary to file a petition for clearance to terminate in the regional office in the Department of Labor and Employment where the school, college and university is located.

After the application is filed, the employee to be dismissed may file as opposition within ten days from receipt of the application.

If the employer may affect the shutdown or termination, except when the Regional Director Moto Propio denies the application.

As a general rule, the regional Director shall deny the application for clearance:

1) if there is a showing of unfair labor practice in connection with the proposed shutdown or dismissal:

2) when the alleged ground cited is not one of the causes just provided for the law;

3) where the projected shutdown will seriously affect public interest. (Rule XIV, implementing Rules and Regulations, LCP).

IMPLICATION This law is anchored on the philosophy

that stabilized industrial peace that promote permanency or continuity of employment based on the concept of social justice. It is indubitable that the efficient, the honest, the productive, and the obedient employees should be awarded and protected under the law.

THANK YOU FOR LISTENING AND PARTICIPATING…

MS. NORELYN C. ANORMAMAED