BENEFITS DUE BY LAW
Tuition Fee Increase
Clearly, only 70% may be used for the payment of salaries, wages, allowances and
other benefits of teaching and non-teaching personnel.
A school is principally established to deliver quality education at all levels,
as the constitution requires.
Therefore, any tuition fee increase authorized by the DepEd should not solely
benefit the teaching and non-teaching personnel but should rather be used for
the welfare of the entire school community, particularly the students.
Thus, if the school uses any part of the 20% reserved for the upgrading
of school facilities to supplement the salaries of their academic and
non-academic personnel, they would not only be violating the student’s
constitutional right to quality education through “improvement and
modernization” but also committing infraction of the mandating provisions of RA
6728.
The DepEd has referred to the remaining 10% as the “return of investment” for
proprietary schools or “free portion” for non-stocks, non-profit educational
institutions. This is the only
portion of the tuition fee increase which schools may use as they wish. (MRPS,
p.391)
Unless otherwise mandated, private schools may not be compelled by teachers and
other school personnel to use the 70% solely to effect an increase in their
salaries or other wage related benefits.
With respect to the distribution of the increment proceeds arising from
increases in tuition fees (but not other fees), the law under RA 6728 (and
quoted almost verbatim under DepEd Order No. 21, s. 1993) explicitly mandates
that it should go to the payment of salaries, wages, allowances and other
benefits of teaching and non-teaching personnel, except administrators who are
principal stockholders of the school.
DepEd is of the view that the discretion is vested upon the school authorities:
the school can distribute the entire 70% for an across-the-board salary
increase, if it is so wished, and/or merit increases, and/or for allowances or
other benefits. The benefit must
accrue to specific individual school personnel and the benefit once given for a
specific year cannot be revoked for that same year.
The following may be counted:
teachers’ uniforms, transport allowance, pension fund, health insurance, etc.
A meeting room cannot be counted, as it does not accrue to specific
individuals. (MRPS, pp. 392-393)
The distribution of the 70% from the tuition fee increase is based on the
following clusters of priority:
1.
Across the board
2.
Performance Incentive/Perfect Attendance
3.
Faculty Development/Educational Benefits for Children
4.
Substitution/Homeroom/Double Assignment/Overload
5.
Representation
6.
Christmas Bonus (Optional, subject to availability of funds)
A bonus is an amount granted and paid to an employee for his industry and
loyalty, which contributed to the success of the employer’s business and made
possible the realization of profits.
It is an act of generosity of the employer not covered by any mandate or
law
(MRPS, p. 413).
Thirteenth Month Pay
The minimum 13th month pay required by law should equal not less than
1/12 of the total basic salary for a calendar year.
It does not include allowances and other monetary benefits that are not
part of the basic pay, such as cash equivalents of unused sick leave, overtime
pay, premium pay, holiday pay and COLA.
The school issues 13th month pays in two partial payments. The first
issued on the first month of the school year (June) and the second the last
month of the year (December).
“An employee who resigned or whose services were terminated any time before the
grant of 13th month pay is still entitled hereto but the amount he
receives shall be proportionate to the duration of his service for the year.
This period is reckoned from the onset of his employment to the point of
his resignation or termination.” (MRPS, p. 406)
SSS and PhilHealth
SSS and PhilHealth benefits are given to employees in conformance with
existing and applicable laws and regulations. Please see appendix for details.
Pag-Ibig Membership
The Pag-Ibig Fund is a savings program for employees provided for by law.
It is generated by the employee’s monthly contribution and by the employer’s
counterpart. A major feature of the program is a Housing Loan Assistance for
employee-members.
Retirement Benefits
Retirement age for all ESS employees is 60 years old.
Upon retirement of an employee, his services maybe continued or extended
on a case-to-case basis upon the agreement of the management and the employee.
The minimum retirement pay due an employee includes the following:
a.
½ month salary for every year of service based on the employee’s latest salary.
For this purpose a fraction of at least six months shall be considered
one year
b.
Salary for 15 days based on the employee’s latest salary rate.
This does not include cost-of-living allowances, profit sharing payments
and other monetary benefits, which are not considered part or integrated into
the regular salary of the employee
c.
Cash equivalent of five days service incentive leave