2010 Manual of Regulation for Private Schools – Personnel
Section 62. School Recruitment Policy. Each private school shall have a policy on recruitment, selection and appointment of its school personnel, subject to the salary and qualification standards and other conditions of employment as provided for by law in this Manual, and such other regulations issued by the Secretary.
Every private school shall promote the improvement of the economic, social and professional status of all its personnel.
In recognition of their special employment status and their special role in the advancement of knowledge, the employment of teaching and non-teaching academic personnel shall be governed by such rules as may from time to time be promulgated in coordination with one another by the Department of Education and the Department of Labor and Employment.
Conditions of employment of non-academic, non- teaching school personnel, including compensation, hours of work, security of tenure and labor relations, shall be governed by the appropriate labor laws and regulations.
Section 63. Probationary Period; Regular or Permanent Status. 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.
Section 64. Security of Employment. 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 the school.
Section 65. Labor Organization. The recognition of labor organizations in any school shall be governed by the provisions of the Labor Code and subject to regulation and supervision by the Department of Labor and Employment.
Section 66. Full-Time and Part-Time School Employment. As a general rule, all private schools shall employ full-time school personnel. An applicant shall be eligible for a full-time employment in a private school whenever he has the minimum qualifications prescribed in this Manual, has no other remunerative employment requiring regular working hours elsewhere, and whose services to the extent of at least eight hours during each working day are available during the entire time the school operates.
The employment of part-time school personnel shall be reckoned in terms of the needs of the school and/or the availability of qualified applicants.
Section 67. Full-time and Part-time School Personnel; Ratio of. The ratio in the employment of part-time and full-time school teaching personnel in all private schools shall be issued through regulation by the Secretary, based on the nature of the course-offerings, qualifications for teaching, and full-time equivalents, among others.
The ratio in the employment of school non-teaching personnel, except the school head and other school supervisory officials, shall be determined by each private school on the basis of the nature as well as needs of the services therein.
Each private school shall keep official records of all its school personnel.
Section 68. Rights of School Teaching Personnel. Subject to the limitations prescribed by law and the school policies and regulations, the rights of a teaching personnel of a private school shall be:
a. To be respected in his rights as a teacher and as a citizen by his school superiors, peers, and students;
b. To be formally apprised of the specific terms and conditions of his employment, and to be paid his salary and other benefits as they become due and payable;
c. To be secured in his employment in the school after he has successfully passed the prescribed probationary period therein;
d. To determine and give the ratings of his students with objectivity and guided by the norms of the teaching profession;
e. To bring to the attention of the proper school authority any matter affecting his employment in consonance with fairness, justice, and ethics;
f. To impose reasonable disciplinary action or sanctions on minor cases of misbehavior of students during the class hours, or, during non-class hours when he is officially designated or appointed as a school representative;
g. To seek the truth, to inquire, discover, publish, and teach the truth in his area of competence, without undue interference, except as may be imposed by the ethics or standards of his discipline;
h. To be formally informed of his performance rating at least once every school term, based on the generally accepted evaluation techniques and procedures, and in the event of adverse findings, to be afforded a reasonable time within which to improve himself in his performance;
i. To be informed of any complaint against him, to be heard by himself or by counsel in any administrative investigation, to present evidence for his defense, to confront and cross-examine witnesses, to be informed of the
decision, and to appeal to proper authorities;
j. To form, or join, or not to join, organizations for the advancement of his professional as well as economic interests as may be recognized by the school administration;
k. To pursue higher formal studies in line with the approved programs of development of the school; and
l. To recommend changes in the policies, programs, organization and management of the school.
Section 69. Duties of a School Teaching Personnel. Subject to the limitations prescribed by law and the school policies and regulations, the duties of a school teaching personnel of a private school shall be:
a. To teach subjects or perform school assignments effectively, observe
regular attendance in his work, and give fair and just ratings to his
students on the basis of prescribed standards;
b. To recognize and respect the rights of his school superiors, co-workers
c. To teach by precepts and example in terms of excellence and personal
d. To refrain from discussing matters outside the scope of his course or
discipline inside the classroom;
e. To broaden and update his competence through reading professional and
scientific publications and journals, and when appropriate through
purposeful participation in local and national meetings, seminars,
conferences, workshops, and other similar fora;
f. To share his expertise toward the expansion of the frontiers of knowledge
in his profession through researches, creative writings, and active
participation in professional and educational conferences;
g. To assist in every way feasible the school administration and his co-
workers in all activities aimed at improving and strengthening the
operations and programs of the school;
h. To conscientiously fulfill the terms and conditions of his employment for
the period of time agreed upon and to give the school administration a
reasonable time to assign his replacement when he decides to terminate
his relationship with the school;
i. To avoid any professional or personal action or activity which may result in
economic loss or legal and social embarrassment of his/ school;
j. To state clearly, when giving out public statements, whether he speaks as an official representative of his school or as an individual citizen; and
k. To enforce the reasonable rules, standards, and policies of his school with objectivity and to maintain at all times good discipline among his students inside or outside the classroom.
Section 70. Minimum Qualifications of a School Teaching Personnel. The
school teaching personnel in pre-school, elementary and secondary level of basic education in all private schools shall possess appropriate educational qualifications and must pass the Licensure Examination for Teacher (LET).
a. The minimum educational qualification for school teaching personnel in
the kindergarten and elementary levels shall be a bachelor’s degree in
b. The school teaching personnel in the secondary level of instruction shall
have the following minimum educational qualifications:
1) For academic subject – a bachelor’s degree in education, or equivalent, or a bachelor’s of arts, with such additional number of professional education subjects as may be required, to teach largely in their major or minor fields of concentration.
2) For vocational subjects – a graduate of any bachelor’s degree, with knowledge of the vocational courses to be taught.
Section 71. Appointment of School Personnel. The selection and appointment of school personnel shall be the responsibility of the governing board of each private school. The designation, qualifications, salary rate, date of effectivity, and other terms and conditions of employment shall be specified in the appointment or contract of each school personnel in accordance with the provisions of this Manual, or its implementing rules, and the policies and standards of the school. The appointment or contract of each school personnel shall be signed by the school head, or his duly authorized representative, and the school personnel concerned.
Section 72. Contract or Appointment. All school personnel shall be given each a contract or appointment, as the case may be, which shall define in specific terms the stipulations and conditions of employment with the private school in accordance with law, school policies, and the provisions of any applicable collective bargaining agreement. School personnel under temporary status shall each be provided with a written contract, with a period of at least one school term which may be renewed for a similar period subject to the agreement of the parties. School personnel under permanent status, either part-time or full-time, shall each be provided with a written appointment for an indefinite period which shall be deemed subsisting and effective, unless otherwise terminated in accordance with law and the existing rules and policies of the school.
The contract or appointment signed and acknowledged by the parties in the event of any dispute relative to the terms and conditions of employment shall be taken as the law between them, unless the agreement is contrary to law, public policy, morals, or good customs.
Section 73. Transfer of School Teaching Personnel. It shall be prohibited for any school teaching personnel, whether temporary or permanent, to terminate
his employment, desist from complying with his written commitment, or transfer to another school during the school term or during the effective period of his contract or appointment, except when the termination, desistance, or transfer has the prior approval of the school head or as allowed in this Manual. It shall likewise be prohibited for any school teaching personnel, whether temporary or permanent, to teach in another school, unless such employment has the prior approval of the school head of the school wherein he is regularly employed and subject to the limitation on subject-load.
Any violation of this provision shall subject the erring school personnel to such appropriate disciplinary sanctions as may be imposed by the private school in accordance with such regulations as may be prescribed by the Secretary, and without prejudice to any right of action of the school as provided for by law.
Section 74. Grievance Machinery. Every private school shall provide for amicable internal procedures or remedies, including provisions for voluntary arbitration, as a preferable measure in the settlement of any issue, dispute or grievance arising from employment relations.
Section 75. Removal, Reduction in Salary or Suspension of School Personnel. Removal, reduction in salary, or suspension without pay of school personnel under permanent status of private school shall be for cause and after due process as provided for in this Manual, its implementing rules, and the policies and regulations of the school. Any removal, reduction in salary, or suspension without pay of school personnel under permanent status in violation of the provisions of this Manual shall be null and void.
Removal, reduction in salary, or suspension without pay of school personnel under temporary status shall be subject to such regulations as may be promulgated by the Secretary to prevent circumvention of the right of such personnel to be secured in their employment as defined in their agreements. Any temporary school personnel who has been removed in violation of the regulations issued by the Secretary, or as provided for in the school rules, or in any applicable agreements, may be reinstated or paid his back salaries computed from the time it was withheld from him and for the rest of the period provided for in his contract, at the option of the school.
Section 76. Termination of Employment by the School Administration.
School personnel of private schools under permanent status may be removed, reduced in salary, or suspended without pay for the following causes.
a. Dishonesty, fraud, or willful breach of the trust reposed in him by the
school through its duly constituted authorities;
b. Oppression, or commission of a crime against the person of school
officials, students, or any other component elements therein;
c. Misconduct which directly or indirectly affects the integrity of the school;
d. Neglect of duty, or inefficiency;
e. Notoriously disgraceful or immoral conduct;
f. Violation of Reasonable school rules, or willful disobedience of a
reasonable order of the school authorities in connection with his work;
g. Improper or unauthorized solicitation or collection of contributions from, or
selling of tickets or materials, to students and school personnel;
h. Conviction of a crime involving moral turpitude; or
i. Other causes analogous to the foregoing as may be provided for in the
regulations prescribed by the Secretary, or in the school rules, or in
collective bargaining agreements.
Section 77. Safeguard in Disciplinary Procedures. School personnel employed under permanent status in all private schools shall enjoy the following safeguards in any disciplinary proceedings against them, which may result in suspension without pay, reduction in salary, or termination of employment:
a. The right to be informed in writing of the specifications of the complaint;
b. The right to answer in writing the complaint;
c. The right to speedy disposition of the case and full access to the evidence;
d. The right to defend himself, or through counsel of his choice, with
adequate time for preparation of his defense; and
e. The right to be informed of the decision in writing and to appeal to proper
Section 78. Period of Appeal. School personnel under permanent status in all private schools who are removed, reduced in salary, or suspended without pay as a result of a disciplinary proceeding may appeal to the Secretary or his duly authorized representative, within fifteen days from the date of receipt of a copy of the decision. In the absence of an appeal in writing within the reglementary period herein provided, the decision of the school shall be final and executory.
Section 79. Limitation of Penalty. In meting out sanctions, penalties shall be imposed for like offenses, and no private school personnel shall be penalized more than once for the same offense. An admonition or a warning shall not be considered a penalty.
Section 80. Preventive Suspension. The school head of a private, school may preventively suspend a school personnel who is under investigation, if the charge against him involves dishonesty, oppression, grave misconduct, neglect in the performance of duty, or if there are strong reasons to believe that he is guilty of such charges which would warrant his removal from the school. Preventive suspension of school personnel shall be exercised on the grounds and in the manner provided therein.
A preventive suspension without pay, imposed upon any school personnel shall not be more than sixty days. After the expiration of such period, he shall be reinstated, or his suspension shall continue with provisional pay; provided that when the delay in the disposition of the case is due to the fault, negligence, or petition of the school personnel himself, the period of delay shall not be counted in computing the period of suspension herein allowed.
Section 81. Summary Proceeding. Subject to compliance with the requirements of due process, and the requirements that the Secretary may impose, the procedure for disciplinary action against a school personnel may be summary in nature.
Section 82. Termination of Employment by School Personnel.
a. Except as otherwise provided for in this Manual, a school personnel
may terminate without just cause his employment in a private school by
serving a written notice on the school head at least one month in
advance. The school upon whom no such notice was served may hold
the school personnel liable for damages.
b. A school personnel may terminate his relationship with a private school
without serving any notice for any of the following causes:
1) Serious insult on his honor and person by the school or its duly authorized officials;
2) Inhuman and unbearable treatment given him by the school or its duly authorized officials;
3) Commission of a crime or offense against his person or any of the immediate members of his family by the school or its duly authorized officials; or
4) Other causes analogous to the foregoing.
Section 83. Disease as Ground for Separation. A private school, through its chief executive officer, may terminate the service of any school personnel who is found to be suffering from any disease and whose continued employment is prohibited by law or its prejudicial to his health as well as to the health of students or co-workers. In addition to other benefits as provided for by law, a school personnel who is removed from the school under this provision shall be paid separation pay equivalent at least to one month salary or to one-half month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one whole year.
Section 84. Reduction of School Personnel. Whenever reduction of school personnel becomes imperative in a private school due to unavoidable or unforeseen circumstances beyond the control of the school administration, or in case of voluntary closure or phasing-out of the school or of any of its programs, the school personnel in the same group or class of positions shall be reasonably compared in terms of relative fitness, efficiency, educational qualifications, and length of service and those found to be the least qualified shall be separated. The termination of employment under this Section shall entitle the school personnel affected thereby to separation pay equivalent to one month or at least one-half month salary for every year of service, whichever is higher, a fraction of at least six months being considered as one whole year.
Section 85. Involuntary Closure of School. The closure of a private school or course for cause as provided for in this Manual, or the cessation of operation which is found to be illegal or in violation of the regulations prescribed by the Secretary, shall entitle the school personnel affected thereby to separation pay equivalent to one month salary or to at least one-half month salary for every year of service, whichever is higher, a fraction of at least six months being considered as one whole year, and without prejudice to reinstatement or loss of seniority rights, at the option of the school personnel, in case of the reopening of the school.
Section 86. When Employment Not Deemed Terminated. A bonafide suspension of the operation of a private school or course for a period not exceeding one school term or the fulfillment by a school personnel of a military or civic duty shall not terminate employment. In such cases, the school shall reinstate the school personnel concerned to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one month from the resumption of the operation of the school or course or from his relief from the military or civic duty.