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illegal dismissal

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1 illegal dismissal on Sun Nov 07, 2010 9:49 pm

vjdapigo


Arresto Menor
good day to all... here is my story: i teach as part time social instructor in this maritime college since november 2007, ie 2nd sem of AY 07-08. last sem, 1st sem AY 10-11, i completed my 6th sem as faculty member of the college. actually, i do not work part-time per se because there were semesters when i was given 27, 33, and even over 40hrs per week teaching load. i never had a teaching load lower than 21 hours (the college only classify their faculty members as regular or part-time). everything was fine. i am consistent in the top 5 highest scorers during semestral faculty evaluation and was never suspended for any serious offense against the college's policies and regulations. the only memo i received were reminders that i must submit my late grade sheets. i thought my relationship with my employer was fine, i was always rehired even during summer classes and were given significantly large teaching loads until this 2nd semester opening... i was not invited to join the faculty general assembly and orientation for the second sem yesterday. when i inquired to our dean he said "IT WAS THE ORDER OF THE VP FOR CORPORATE CULTURE (actually he was the highest HR officer with so much power na may basbas din naman ng may-ari ng college) TO HOLD YOUR TEACHING LOAD INDEFINITELY[/b]" so i am not teaching in that college for the coming semester. i asked him if he knows the reason why i can't teach this semester ang sabi lang "BASTA YUN ANG UTOS NILA AT SUMUSUNOD LANG AKO SA CHAIN OF COMMAND." then about how long should i wait, the dean doesn't know either.. i strongly feel po that I AM ILLEGALLY DISMISSED by the school. i would also like to mention that following the school policy, i should have been made regular employee after last semester because a complete six sems of probationary employment was the only requirement for regularization. i mean, they are not so strict with completing MA degree. ang malinaw ay wala akong nagawang kalokohan dahil kung mayroon man ay dapat sanang ako ay nabigyan ng disciplinary action. ang kaso po ay wala. i hope to hear educated advice so i will know what to do. i really want to do something on this. thank you for your time reading.

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2 Re: illegal dismissal on Mon Nov 08, 2010 10:50 pm

attyLLL


moderator
what do you believe is the real reason for the termination?

there are some very specific rules for private schools and universities. they are contained in the Manual of Regulations for Private Schools and i have yet to find an online copy. you should get one from the ched or deped.

nevertheless, there is one case i found which quoted from this manual. it states that for a teacher to be considered permanent, he should work 1) full time; 2) for three years; and have satisfactory performance.


Section 45. Full-time and Part-time Faculty….

Full-time academic personnel are those meeting all the following requirements:

a. Who possess at least the minimum academic qualifications prescribed by the Department under this Manual for all academic personnel;

b. Who are paid monthly or hourly, based on the regular teaching loads as provided for in the policies, rules and standards of the Department and the school;

c. Whose total working day of not more than eight hours a day is devoted to the school;

d. Who have no other remunerative occupation elsewhere requiring regular hours of work that will conflict with the working hours in the school; and

e. Who are not teaching full-time in any other educational institution.

All teaching personnel who do not meet the foregoing qualifications are considered part-time. (Emphasis supplied.)

x x x x

Section 92. Probationary Period. Subject in all instances to compliance with Department and school requirements, the probationary period for academic personnel shall not be more than three (3) consecutive years of satisfactory service for those in the elementary and secondary levels,…

Section 93. Regular or Permanent Status. Those who have served the probationary period shall be made regular or permanent. Full-time teachers who have satisfactorily completed their probationary period shall be considered regular or permanent.

in cases of dismissal of teachers, the contention is always whether the teacher spent the entire working day at the school. if not, he is not considered full time.

you may check out this case: http://sc.judiciary.gov.ph/jurisprudence/2009/march2009/172818.htm


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3 Re: illegal dismissal on Wed Nov 10, 2010 7:24 pm

09hatsumomo


Arresto Menor
Thank you attorney for the follow up. Now I have a confidence to fight for my rights not just as an employee but as a human being.
I will give you an update..tomorrow i will be giving a letter to the management asking for the details of the sanction..i hope i can use it..when i file a complaint in the nclr. thank you again.. 09hatsumomo

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4 Re: illegal dismissal on Thu Nov 18, 2010 10:39 am

resjudicata


Arresto Mayor
09hatsumomo: I agree with attyLLL. There are special rules that are exclusively applicable in the employment of faculty members in the elementary, secondary and tertiary education. Our Supreme Court in one case, (I think this is the case involving a catholic university) said private school teachers who are rehired successively for 3 years acquire regular employment provided they teach full-time and their service is satisfactory. But part-time faculty members cannot become permanent employees according to the Manual of Regulations for Private Schools in relation to the Labor Code. Once that employee has acquired regular status, he/she cannot be terminated except for just and authorized cause(s) as provided by law and after due process. When we say due process, this means that the employer should comply with the twin requirements of due notice and hearing. The first requirement is the notice of partcular acts constituting the causes of dismissal and the notice of decision to dismiss, citing reasons therefor.

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5 Re: illegal dismissal on Tue Nov 30, 2010 1:08 pm

zurceljo14


Arresto Menor
good day po mga sir and mam.. ask lang po ako ng advice kung pwede po ako magreklamo sa nlrc ng illegal dissisal sa dati ko pong company back in 2009 nung pinaalis po nila ako sa work ko.. kahit po year 2009 pa po nung pin aalis nila ako.. salamat po

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6 Re: illegal dismissal on Wed Dec 01, 2010 12:00 pm

resjudicata


Arresto Mayor
Zurceljo14: If you think you have valid grounds to file for illegal dismissal and other claims against your former employer, then go ahead, file it with the regional NLRC or provincial/city DOLE office in your area. You did not mention the month in 2009 when you were fired and if it is still within one year after you have been "illegally dismissed", then the filing of the complaint is still within the period required by law.

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7 Re: illegal dismissal on Wed Dec 08, 2010 10:14 am

zurceljo14


Arresto Menor
sir maraming salamat po.. october 2009 pa po nung pinaalis po nila ako pwede pa po ba yun sir??? maraming salamat po..

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8 Re: illegal dismissal on Wed Dec 08, 2010 6:24 pm

attyLLL


moderator
you are still within the period to file a complaint, but it is better if you file it as soon as possible.


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9 Re: illegal dismissal Today at 12:29 am

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