BASIC RIGHTS & RESPONSIBILITIES OF A TEACHER1

A. ECONOMIC RIGHTS
1. First, right to a decent pay
The Manual for Private school sec. 90 provides that: Every private school
shall provide for a compensation policy where compensation ranges should be so granted
taking into account performance, merit and differences in the qualifications and
responsibilities of various positions.
2. Second, right to minimum statutory monetary benefits
a. First, private school teachers are entitled to holiday pay (LC Bk III,
Title I Chap 111 Art. 94)
b. Second, private school teachers are entitled by law to “premium pay”
or additional compensation for work performed within eight hours on
non-working days such as rest days, regular and special holidays. (Art
93)
c. Third, when teachers work more than the regular daily working hours,
they are entitled to overtime pay
d. Fourth, teachers should be given a “service incentive leave” or its
equivalent. However, teachers who are required to go on leave with
pay during summer, semestral and Christmas breaks are no longer
entitled to the service incentive leave (Art. 95)
e. Fifth, schools are required to pay their teachers a 13th month pay not
later than December 24 of every year regardless of the amount of their
salary, provided they have worked for at least one month during the
calendar year.(PD no. 851)
f. Sixth, every pregnant private school employee, whether married or
unmarried, is entitled to maternity leave.
g. Seventh, every married male employee of the school is entitled to a
paternity leave with pay (RA 8187).
h. Eight, the teacher is entitled to separation pay if he is terminated for
any of the “authorized” causes of dismissal.
i. Finally, teachers have a right to the statutory retirement benefits.

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Ulpiano “Ulan” P. Sarmiento III, Esq , Manual of Regulations for Private Schools Annotated, published
by. Risen Publication, New Manila, Quezon, City 1998

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 3. Third, right to humane conditions of Work.

Private school, colleges and universities are obliged to observe the

following statutory conditions of work contained in the Labor Code and
Its implementing Rules and Regulations in dealing with their teaching
and non-teaching personnel.

a. Normal hours of Work of any employee shall not exceed eight (8)
hours a day
b. Weekly Rest Period
c. No mandatory overtime work
d. discrimination prohibited
e. Non-diminution of benefits. (Art.100)
f. Security of employment
g. Special Working Conditions for Private School Teachers
1) No compulsory assignments unrelated to teaching duties
(Education Act of 1982 Sec 11)
2) Teachers must be given the opportunity to choose alternative
career lines (sec 11)
3) Prohibition against unusually heavy teaching loads
4) Student enrollment per class subject to limitations

B. POLITICAL RIGHTS
1. Right to free speech and freedom of expression (Sec 4. Article III of
the Constitution)
2. Right of the people peaceably to assemble and petition the government
for redress of grievances (right to protest)
3. Right of the people, including those employed in the public and private
sectors to form unions, associations, or societies.(…for purposes not
contrary to law)

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 4. Right to participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law (Article XIII, Sec.
3).
5. Right to due process (sec 100 of the Manual of Regulations)
Under the Constitution, no person may be deprived of life, liberty
or property without due process of law (article III, Sec 1). Two
essential requirements of due process are the requirement of
notice and the requirement of hearing. It simply means that the
employer shall afford the worker an ample opportunity to be heard,
an opportunity to explain, one’s side or an opportunity to seek a
reconsideration of action or ruling. Due process contemplates
freedom from arbitrariness. It also requires that evidence must be
substantial, and substantial evidence means evidence that a
reasonable mind might accept as adequate to support a conclusion.

C. LEGAL RESPONSIBILITIES
Sec 16 of the Education of Act of 1982, provides the following legal
responsibilities of a teacher.

1. Every teacher shall perform his duties to the school by discharging his
responsibilities in accordance with the philosophy, goals and objectives
of the school.
2. Be accountable for the efficient and effective attainment of specified
learning objectives in pursuance of national development goals within
the limits of available school resources.
3. Render regular reports on performance of each student and to the
latter and the latter’s parents or guardians with specific suggestions for
improvement.
4. Assume the responsibility to maintain and sustain his professional
growth and advancement and maintain professionalism at all times.
5. Refrain from making deductions in student’s scholastic ratings for acts
that are clearly not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral,
intellectual, cultural and political change in his school and the
community with in the context of national policies.