Probationary Teachers Gain Greater Job Security: A Landmark Ruling

University of St. La Salle v. Glaraga, et al., G.R. No. 224170, June 10, 2020

Imagine being a dedicated teacher, pouring your heart into shaping young minds, only to find your job abruptly terminated due to a misunderstanding about your employment terms. This scenario was the reality for a group of probationary teachers at the University of St. La Salle, whose plight led to a significant Supreme Court ruling in the Philippines. The case not only highlights the challenges faced by educators but also clarifies the legal protections afforded to probationary teachers under Philippine law.

The central issue in this case revolved around the rights of probationary teachers when their fixed-term contracts are not renewed during their probationary period. The teachers, hired as full-time faculty, were shifted to part-time roles and eventually not offered any teaching load, leading them to file a complaint for illegal dismissal. The Supreme Court’s decision reaffirmed the three-year probationary period for teachers and emphasized that non-renewal of fixed-term contracts during this period constitutes dismissal, not mere expiration of probation.

Legal Context: Understanding Probationary Employment for Teachers

Probationary employment in the Philippines is governed by the Labor Code and specific regulations set by the Department of Education and the Commission on Higher Education (CHED). Under Article 281 of the Labor Code, probationary employment should not exceed six months, but for teachers, a special regulation applies. The CHED Manual of Regulations for Private Higher Education stipulates that the probationary period for teachers can extend up to three years, unless a shorter period is explicitly agreed upon.

The term “probationary employment” refers to a period during which an employee is assessed for suitability for permanent employment. For teachers, this period is typically measured in academic years rather than calendar years. This distinction is crucial because it aligns with the academic calendar and the nature of teaching, which often involves fixed-term contracts corresponding to semesters or terms.

An important case that sets precedent is Mercado v. AMA Computer College, where the Supreme Court clarified that the probationary period for teachers is three years, even if they are engaged under fixed-term contracts. This ruling ensures that teachers have security of tenure during their probationary period, meaning they can only be dismissed for just or authorized causes, not merely because their contract term has ended.

Here’s an example to illustrate: Suppose a teacher signs a contract for a semester, but within the three-year probationary period. If the school decides not to renew the contract before the three years are up, the teacher could argue that this constitutes illegal dismissal, not just the end of the probationary period.

Case Breakdown: The Journey of the Probationary Teachers

The case began with the University of St. La Salle hiring Josephine L. Glaraga and other respondents as probationary full-time faculty members, each with a teaching load of 24 to 25 units. However, in the first semester of 2010-2011, their roles were reduced to part-time with a teaching load of 5 units due to a decline in enrollment. The university communicated this change via a letter, stating it was a temporary measure until enrollment improved.

The teachers’ contracts were renewed every five months, each time covering a specific period and containing a clause about the conditions for renewal and permanency. Despite these renewals, the teachers were not offered any teaching load in the summer and first semester of 2011, leading them to file a complaint for illegal dismissal.

The Labor Arbiter initially found that the teachers were dismissed for an authorized cause (redundancy) but without procedural due process, ordering the university to pay separation pay and nominal damages. The National Labor Relations Commission (NLRC) reversed this decision, stating that the teachers’ probationary period had simply expired. However, the Court of Appeals (CA) reinstated the Labor Arbiter’s decision with modifications, increasing the nominal damages due to the university’s failure to provide proper notice.

The Supreme Court upheld the CA’s decision, emphasizing that the three-year probationary period for teachers was not altered by the fixed-term contracts. The Court stated, “The probationary period of respondents being three years, the non-renewal of their fixed term contracts during that probationary period amounted to a dismissal rather than a mere lapse of their probationary period.”

Another key quote from the ruling is, “If the non-renewal of the fixed term employment contract takes place prior to the expiration of the probationary period, then the termination of employment is characterized as a dismissal for which the same provisions of the Labor Code on just and authorized causes shall apply.”

Practical Implications: What This Means for Teachers and Employers

This ruling has significant implications for both teachers and educational institutions in the Philippines. For teachers, it reinforces their security of tenure during the probationary period, ensuring they cannot be dismissed without just cause or proper procedure. Employers must now be more diligent in their hiring practices and ensure that any non-renewal of a teacher’s contract during the probationary period is justified and properly documented.

For similar cases moving forward, this decision sets a clear precedent that the three-year probationary period for teachers must be respected, regardless of the term length of their contracts. Educational institutions should review their employment policies to align with this ruling and avoid potential legal disputes.

Key Lessons:

• Teachers on probation have a three-year period of security of tenure, not affected by the length of their fixed-term contracts.
• Non-renewal of a contract during this period is considered a dismissal and must be justified by just or authorized causes.
• Employers must adhere to procedural due process when terminating probationary teachers, including proper notification.

Frequently Asked Questions

What is the probationary period for teachers in the Philippines?

The probationary period for teachers is up to three years, as set by the CHED Manual of Regulations for Private Higher Education.

Can a teacher’s fixed-term contract be considered the end of their probationary period?

No, unless a shorter probationary period is explicitly agreed upon, the three-year period applies, and non-renewal of a fixed-term contract during this period is considered a dismissal.

What are the consequences for an employer who does not renew a teacher’s contract during the probationary period?

The employer may be liable for illegal dismissal, and the teacher may be entitled to separation pay and nominal damages if proper procedure was not followed.

How can teachers protect their rights during the probationary period?

Teachers should ensure they understand their contract terms, document any changes in their employment status, and seek legal advice if they believe their rights are being violated.

What should educational institutions do to comply with this ruling?

Institutions should review their employment policies, ensure clear communication with probationary teachers, and follow due process in any termination decisions.

ASG Law specializes in labor and employment law. Contact us or email hello@asglawpartners.com to schedule a consultation and ensure your rights are protected.