DOLE-DEPED-TESDA-CHED JOINT GUIDELINES

ON THE IMPLEMENTATION OF THE LABOR AND MANAGEMENT COMPONENT

OF REPUBLIC ACT NO. 10533 (ENHANCED BASIC EDUCATION ACT OF 2013)
FREQUENTLY ASKED QUESTIONS
1. What is the legal basis of the DOLE-DepEd-TESDA-CHED Joint Guidelines?
The tripartite-crafted DOLE-DepEd-TESDA-CHED Joint Guidelines was issued pursuant to:
a. Sec. 12, para. 2 of RA 10533 which mandates DepEd, CHED, TESDA, TechnicalVocational Institutions (TVIs) and Higher Educational Institutions (HEIs) to coordinate
closely with one another to implement strategies that ensure the academic, physical,
financial, and human resource capabilities of HEIs and TVIs to provide educational and
training services for graduates of the enhanced basic education program to ensure that
they are not adversely affected.
b. Sec. 31 of the Implementing Rules and Regulations (IRR) of RA 10533 which states that
the DOLE, DepEd, CHED and TESDA shall promulgate the appropriate joint
administrative issuance to ensure the sustainability of the private and public educational
institutions, and the promotion and protection of the rights, interests and welfare of
teaching and non-teaching personnel.
2. How was the Joint Guidelines formulated?
The government technical working group composed of representatives from DOLE, DepEd,
TESDA, CHED and PRC worked with the Education Industry Tripartite Council (EITC)NCR in
crafting the Joint Guidelines. The Guidelines passed through 18 sectoral, tripartite and interagency meetings, and consultations in 12 regional EITCs.
3. In general, what are the changes introduced by the K to 12 or the Enhanced Basic
Education Program to the educational system?
The K to 12 Program covers Kindergarten and 12 years of basic education. It introduced
Universal Kindergarten in School Year (SY) 20112012 and retained the six years of
elementary education which is Grades 1 to 6. It also lengthened secondary education from
four to six years comprised of Junior High School (JHS or Grades 7 to 10) and Senior High
School (SHS or Grades 11 and 12). The additional two years in high school is intended to
provide sufficient time to ensure mastery of concepts and skills, develop lifelong learners,
and prepare graduates for tertiary education, middle-level skills development, employment,
and entrepreneurship.

The phased implementation of the new curriculum began in SY 2012-2013 with the rollout
of the enhanced curriculum for Grades 1 and 7, followed by Grades 2 and 8 in SY 2013-2014
and Grades 3 and 9 in SY 2014-2015. Grade 11 will be rolled out in SY 2016-2017 and Grade
12 will follow in SY 20172018. The first batch of high school students to go through SHS
will graduate in March 2018.
4. What are the main labor and management concerns in SHS implementation?
The main concerns raised are:
a. Job movements will occur for both teaching and non-teaching personnel of Higher
Educational Institutions (HEIs) during the interim period, which is from 2016 to 2021,
due to foreseen adjustments in enrolment. The implementation of the SHS program will
create a lag time of two years before the basic education graduates can qualify for
enrolment in higher education.
b. Perceived additional cost to parents for Grades 11 and 12.
5. What is meant by interim period and transition period?
Interim period starts from SY 2016-2017 until the end of SY 2020-2021 when the effects of
the implementation of the SHS program will be most felt in HEIs. During this period, there
will be foregone enrolment in HEIs that may result in the displacement of some teaching
and non-teaching personnel. Hence, government assistance shall be made available to
affected personnel, students and HEIs.
Transition period is reckoned from the date of the approval of the IRR of RA 10533, which
was on September 04, 2013, until the end of SY 2021-2022. It covers the pre, actual and
post interim periods.
6. What does the Joint Guidelines seek to achieve?
This Guidelines seeks to:
a. Ensure the sustainability of private and public educational institutions;
b. Protect the rights, interests, and welfare of teaching and non-teaching personnel; and
c. Optimize employment retention or prevent, to the extent possible, displacement of
faculty and non-academic personnel in private and public HEIs during the transition
from the ten (10) years basic education cycle to twelve (12) years.
7. How will retention of teaching and non-teaching personnel be ensured in the
implementation of the additional two-year SHS?

While recognizing institutional academic freedom and management prerogative, the

Guidelines requires:
a. Consultation by HEIs with their teaching and non-teaching personnel prior to adoption
of decisions or policies affecting their rights, duties and welfare;
b. Prioritization in hiring by HEIs of their academic and academic support personnel to
teach or work within the same institutions if they offer secondary education;
c. Prioritization in hiring of academic and academic support personnel in other private and
public SHS; and
d. Consultation and participation of teaching and non-teaching personnel unions and
associations in the EITCs.
8. Are HEIs required to consult the teaching and non-teaching personnel in the planning and
implementation of RA 10533?
Yes. HEIs are required to consult the teaching and non-teaching personnel in the planning
and implementation of RA 10533. All teaching and non-teaching personnel shall be allowed
to participate. All unions/associations shall be represented.
9. What is required from HEIs to optimize employment retention?
a. As much as possible, maintain their existing personnel;
b. If not viable, transfer teaching and non-teaching personnel to secondary education
within the same HEI, if it offers secondary education; or
c. If not viable, extend assistance in the transfer of teaching and non-teaching personnel to
another institution.
10. What are the government interventions to ensure employment retention?
a. The proposed Tertiary Education Sector Transition Fund (TESTF) which, during the
interim period (2016-2021), is envisioned to:

Enable qualified Senior High School students to enrol in eligible private educational
institutions or non-DepEd public schools of the students choice by providing
complementary tuition or schooling subsidy in addition to the E-GASTPE;

Provide financial assistance to:

i. Retained employees who are not transferred to teach and/or work in the
secondary education of the same HEI; and
ii. Retrenched employees of HEI during the interim period.

b. Loan assistance and/or amortizations for HEIs which the DOLE, DepEd, TESDA and CHED
shall coordinate with the Development Bank of the Philippines (DBP), Landbank of the
Philippines (LBP) and other commercial banks.
c. The proposed SHS Voucher Program under the Expanded Government Assistance to
Students and Teachers in Private Education (E-GASTPE) which the DepEd shall
implement beginning in SY 2016-2017. DepEd will issue SHS vouchers to students from
public Junior High Schools and private ESC (Education Service Contracting) schools to
enable them to enroll in private educational institutions offering Grades 11 and 12 or
non-DepEd public SHS of their choice. The value of the SHS voucher will be based on the
cost of education in a particular region. For example, non-DepEd SHS in Metro Manila
will receive a particular value of the voucher while those in Region VIII will get a
different amount. This scheme will help encourage enrolment in HEIs that will offer
Grades 11 and 12.
11. What are the options available to teaching and non-teaching personnel?
a.
b.
c.
d.
e.

Remain within the same HEI, if it maintains its existing personnel;

If not viable, transfer to secondary education within the same HEI;*
If not viable, transfer to another HEI with secondary education;*
Teach or work in private and public secondary education schools;*
Teach or work in TVIs offering TVET (Technical-Vocational Education and Training)
programs;*
f. Work outside the education sector. The TESDA shall offer skills re-training or upgrading
to develop present qualifications of the workers to be job-fit and job-ready for their
next employment.
g. Venture into entrepreneurship and self-employment programs. They shall be provided
guidance and training to fully adjust and succeed in their business venture. They may
avail of the DOLE Adjustment Measure Program (DOLE-AMP), a safety net program that
provides assistance package and other forms of interventions as a means of helping
individuals or workers and companies in coping with economic and social disruptions.
*If teaching and non-teaching personnel exercise options in Items b, c, d, and e, they
shall be prioritized in hiring.

12. Who are allowed to teach in SHS?

Teachers will be trained and hired to teach the various subjects that will be offered in SHS
(i.e., Grades 11 and 12).
The following may be hired:
a. Graduates of science, mathematics, statistics, engineering, and other degree courses
needed to teach in their specialized subjects in elementary and secondary education
with shortages in qualified applicants who have passed the Licensure Examination for
Teachers (LET);
b. Graduates of technical-vocational courses;
c. Faculty members of HEIs; and
d. Practitioners.
13. The law allows hiring of graduates of science, mathematics, statistics, engineering, music,
and other degree courses needed to teach in their specialized subjects with shortages in
qualified applicants who have passed the Licensure Examination for Teachers (LET). Who
shall determine the shortages and how will specialized subjects be identified?
Individual schools, in consultation with the existing teaching and non-teaching personnel
union or association, shall determine the shortages in licensed teachers in private schools.
For public schools, the DepEd shall determine the shortages.
The specialized subjects in the secondary level shall be determined in accordance with the
curriculum approved by the DepEd.
13.1

Are these graduates required to pass the LET?

Even without LET, these graduates will be permitted to teach full-time in their specialized
subjects, as well as subjects within the discipline of their specialization. However, they shall
take and pass the LET to acquire their license within five (5) years after their date of hiring.
If they are to teach on a part-time basis, they will not be required to obtain a license.
13.2

Will their teaching years be credited and/or considered for permanent status?

Yes. Their teaching years satisfactorily served while acquiring their license shall be
considered as part of their probationary period.

14. The law allows graduates of technical-vocational courses or practitioners with expertise
to teach in specialized subjects in secondary education. What are the qualifications in
hiring graduates of technical-vocational courses or practitioners?
Graduates of technical-vocational courses should possess a National TVET Trainer
Certificate (NTTC) Level I or higher to teach in their specialized subjects in secondary
education.
Practitioners with expertise in the specialized learning areas may teach on part-time basis in
the secondary education subject to the qualification standards determined by DepEd, in
coordination with appropriate government agencies.
15. The law allows faculty of HEIs to teach in general education or subject specialties in
secondary education. What are the qualifications for HEI faculty members who will be
teaching in secondary education or SHS?
Faculty members of HEIs who will be teaching in secondary education or SHS should be a
holder of a relevant Bachelors degree and must have satisfactorily served as a full-time HEI
faculty.
15.1

Who are full-time HEI faculty members?

Full-time HEI faculty members are those who meet the following requirements:
a. Possess at least the minimum academic qualifications prescribed under the MORPHE for
all academic personnel without prejudice to the full-time status acquired prior to the
issuance of the DOLE-DECS-CHED-TESDA Order No. 1, dated 7 February 1996;
b. Paid monthly or hourly, based on the regular teaching loads as provided for in the
policies, rules and standards of the CHED and the HEI;
c. Devote not less than eight (8) hours of work a day to the HEI;
d. Have no other remunerative occupation elsewhere requiring regular hours of work,
except when permitted by the HEI; and
e. Not teaching full-time in any other HEI.
15.2

Will the LET requirement apply to full-time HEI faculty members who will be
teaching in secondary education or SHS?

LET is not required for full-time faculty members of HEIs to teach in secondary education
pursuant to Section 8 (c) of RA 10533.

15.3. Is LET a requirement for part-time HEI faculty members who will be teaching in
secondary education or SHS?
Part-time HEI faculty members who wish to teach part-time in secondary education or SHS
are not required to pass the LET. However, if they choose to teach full-time, they must take
and pass the LET to acquire their license within five (5) years after their date of hiring.
15.4. Is LET a requirement for academic support personnel who will be teaching in
secondary education or SHS?
Academic support personnel who wish to teach part-time in secondary education or SHS are
not required to pass the LET. However, if they choose to teach full-time, they must take and
pass the LET to acquire their license within five (5) years after their date of hiring.
15.5. Is LET a requirement for non-academic personnel who will be teaching in secondary
education or SHS?
Non-academic personnel who wish to teach part-time in secondary education or SHS are
not required to pass the LET. However, if they choose to teach full-time, they must take and
pass the LET to acquire their license within five (5) years after their date of hiring.
15.6. Is Civil Service eligibility a requirement for academic support personnel who intend
to work in DepEd?
Academic support personnel who hold PRC-issued license are not required to obtain civil
service eligibility to work in DepEd. Pursuant to Republic Act No. 1080, bar and board
examinations are equivalent to civil service examinations.
15.7. Is Civil Service eligibility a requirement for non-academic personnel who intend to
work in DepEd?
Non-academic personnel who hold PRC-issued license are not required to obtain civil
service eligibility to work in DepEd. Pursuant to Republic Act No. 1080, bar and board
examinations are equivalent to civil service examinations.
16. Are HEI faculty members given priority in hiring? How about the academic support
personnel?
Yes. Faculty members of HEIs who opt to teach in secondary education or SHS shall be given
priority in hiring, either within the institution where they used to teach or in other private
and public institutions offering secondary education or SHS.
The same prioritization shall likewise apply to academic support personnel who will be
affected in the implementation of the enhanced basic education program.

16.1. Will the teaching experience in the private HEI be considered in hiring HEI faculty
members in public schools?
Yes. The DepEd, Department of Budget and Management (DBM), and Civil Service
Commission (CSC), together with tripartite partners in the Education Industry Tripartite
Council (EITC), shall formulate criteria or schemes that take into account the teaching
experience and educational attainment of HEI faculty in ranking for employment in public
schools.
17. For HEIs who will be offering a SHS program, can they hire new teaching and non-teaching
personnel outside of the institution?
Yes. Consistent with academic freedom, they can hire new teachers and non-teaching
personnel for their SHS program based on their established criteria and consistent with
academic freedom.
However, they should prioritize their respective institutions tenured teaching and academic
support personnel who are transferred to the SHS program.
18. What is the salary of the teaching or non-teaching personnel who are transferred to teach
or work in secondary education or SHS?
The salaries and benefits of teaching and non-teaching personnel who have agreed to teach
in secondary education, or to move or be re-assigned, shall be in accordance with existing
salaries and compensation package observing the principle of non-diminution of benefits.
19. In case the compensation or benefits are lower than that currently being received as a
teaching or non-teaching personnel, will that be considered as diminution of benefits?
In recognition of the principle of mutuality of contracts, transfer or assignment to a position
with lower compensation based on individual or collective agreement or other
arrangements which are not contrary to law, morals or public policy, will not result in
diminution of benefits or a violation of Article 100 of the Labor Code. The non-diminution
rule essentially means that benefits being given to employees cannot be taken back or
reduced unilaterally.
20. What is the option available to teaching and non-teaching personnel who do not wish to
transfer or work in secondary education within the same HEI where they are currently
employed?
They may avail of the retrenchment program or such other remedies as may be provided by
law, mutual agreement of the parties, collective bargaining agreement or institutional
policies.

21. What are the requirements for a retrenchment program under the Joint Guidelines?
The requirements of retrenchment, which shall be undertaken as a last recourse, are the
following:
a. The retrenchment is reasonably necessary and likely to prevent business losses which, if
already incurred, are not merely de minimis, but substantial, serious, actual and real, or
if only expected, are reasonably imminent as perceived objectively and in good faith by
the employer;
b. The employer shall serve a written notice both to the employees and to the DOLE at
least one month prior to the intended date of retrenchment;
c. The employer pays the retrenched employees separation pay equivalent to one month
pay or at least month pay for every year of service, whichever is higher;
d. The employer exercises its prerogative to retrench employees in good faith for the
advancement of its interest and not to defeat or circumvent the employees' right to
security of tenure; and
e. The employer used fair and reasonable criteria in ascertaining who would be dismissed
and who would be retained among the employees, such as status, efficiency, seniority,
physical fitness, age, and financial hardship for certain workers.
22. What are the criteria to follow in the retention of teaching and non-teaching personnel in
the implementation of the retrenchment program?
In the implementation of the retrenchment program, the criteria for retention of teaching
and non-teaching personnel shall be based on the following order:
a.
b.
c.
d.
e.

Status of employment (tenured over non-tenured; regular over non-regular);

Performance for the last two (2) semesters (satisfactory over non-satisfactory);
Period of employment (seniority; old over the new);
Nature of position; and
Physical fitness.

23. Can HEIs transfer, retrench or redundate* teaching and non-reaching personnel before
the first semester of 2016?
Yes, they can. Retrenchment, redundancy or other forms of separation from employment
from 2013-2016 must hurdle the tests of its validity/regularity set by law and jurisprudence.

The Labor Code and the Joint Guidelines recognize institutional academic freedom and
management prerogative. Educational institutions have the right to regulate all aspects of
employment, such as hiring, the freedom to prescribe work assignments, working methods,
processes to be followed, regulations regarding transfer of employees, supervision of their
work, lay-off and discipline, and dismissal and recall of workers, as well as the right to
establish high standards of competency and efficiency for its teaching and non-teaching
personnel in order to achieve and maintain academic excellence. But the exercise of these
rights must be in good faith and must not be used as a pretext to defeat the rights of
employees under the laws and applicable contracts.
Beginning the first semester of 2016 onwards, HEIs implementation of a retrenchment
program is considered as within the interim period (2016-2021) where there will be
foregone enrolment that may result in the displacement of some teaching and non-teaching
personnel. Hence, government assistance may be availed of by affected personnel and HEIs.
*Redundate refers to the declaration of redundancy of a position.
24. What DOLE assistance may be extended to teaching and non-teaching personnel?
Teaching and non-teaching personnel who do not wish to transfer or work in secondary
education and opt to avail of the retrenchment package may avail of the following DOLE
assistance:
a. Employment services which include job referrals and placement, employment guidance
and counseling, livelihood assistance through DOLE-AMP, re-training and re-tooling.
b. Conciliation-mediation services in relation to job movements, retention of benefits, or
separation package.
c. Assistance on SSS moratorium on payment of loans/or condonation of interest; HDMF
suspension on payment of loans, grant of emergency loans and condonation of interest
rates; and PhilHealths Sponsored Subsidy by the national and local government units
and government hospitals, which the DOLE, DepEd, TESDA and CHED shall coordinate
with the Social Security System (SSS), Home Development Mutual Fund (HDMF),
PhilHealth, and other government agencies.
25. What are the causes of separation from employment?
a. Termination is defined as the act of an employer or employee to severe the
employment relationship due to authorized or just causes, as the case may be.
b. Resignation is defined as the voluntary act of an employee who finds himself/herself in a
situation where he/she believes that personal reasons cannot be sacrificed in favor of

the exigency of the service and he/she has no other choice but to separate from his/her
employment.
c. Retirement is defined as the act of an employer or employee to end the employment
relationship upon reaching a particular years of service or age, which in the absence of a
collective bargaining agreement or company policy, would be 60 years old for optional
retirement and 65 years old for compulsory retirement.
d. Redundancy exists when the services of an employee are in excess of what is reasonably
demanded by the actual requirements of the enterprise or superfluous.
26. Can a teaching or non-teaching personnel be forced to resign or retire?
No. A teaching or non-teaching personnel may not be forced to resign or retire. To do so
amounts to constructive dismissal or illegal dismissal.
27. In case of disagreements or disputes, where shall the teaching and non-teaching
personnel and HEIs seek assistance?
They may seek assistance from the DOLE through its conciliation-mediation services in the
following:
Agency
Head
/ Office
DOLE Regional Offices
NCR
Alex V. Avila
CAR

Henry John S. Jalbuena

Grace Y. Ursua

Sixto T. Rodriguez

Ana C. Dione

4A

Ma. ZenaidaEusebia A. Campita

4B
5

Teodoro T. Delson
Nathaniel V. Lacambra

Ponciano M. Ligutom

Chona M. Mantilla

Contact No.
(02) 402-6242;
(02) 400-6241
(074) 442-2447;
442-0824
(072) 700-2520;
(072) 607-8114
(078) 844-2728
(045) 861-4383
(045) 455-1613
(049) 545-7360
(043) 288-2080
(052) 480-3058;
(052) 480-5831
(033) 320-8026; (033)
509-0400
DOLE I-txt: 0917-3276515
(032) 266-9722 ,

Email
ncr@dole.gov.ph
dolecar88@yahoo.com
dole_ro1@yahoo.com
ro2@dole.gov.ph
sixtopopoy@yahoo.com
dolero3@gmail.com
ro4a@dole.gov.ph
dole4a_observe@yahoo.com
doleregion4b@yahoo.com
ro5dole@yahoo.com
ro6@dole.gov.ph
doleregion6@yahoo.com
ro7@dole.gov.ph

Exequiel R. Sarcauga

Sisinio B. Cano

10

Raymundo G. Agravante

11

Joffrey M. Suyao

12
13

Ofelia B. Domingo
Johnson G. Caete

NCMB Regional Branches

NCR
Edgar G. Aquino
CAR

Lourdes P. Estioco

Brenda Rose C. Odsey

2
3

Susana A. Quimpo
Maria Teresita L. Cancio

4A

Estrella B. Rosal
(Laguna-Rizal-Quezon Areas)

4B
5
6

Amorsolo V. Aglibut
(Cavite-Batangas Area)
Jay Jasper B. Javines
Gil G. Caragayan
Rosemarie G. Oxinio

Edmund T. Mirasol

8
9

Juanito B. Geonzon
Reynaldo S. Foncardas

10

Florido J. Akut

11

Ma. Theresa M. Francisco

12

Feliciano R. Orihuela, Jr.

(032) 266-2792
(053) 832-0697
0919-622-5039
(062) 991-2673; 9931754; DOLE I-Text:
0917-7244334
(088) 857-2218
(088) 857-1930
(082) 226-4289; (082)
226-2481;
(082) 227-3157
(083) 228-2190
(085) 342-9503 ;
(085) 342-9606

dole_centravisayas@yahoo.com
doletacloban@yahoo.com
ondosarcauga@yahoo.com
dole9record@yahoo.com

527-72-16
526-42-30
(074) 442-72-92 (074)
444-49-88
(074) 300-19-13
(072) 888-46-10 (072)
700-49-98
(078) 846-5145
(045) 961-42-64
(047) 561-27-05
(044) 662-4398
(049) 531-4271
(049) 531-2045
(046) 471-0651
(02) 656-52-13

ncmbncr_od@yahoo.com.ph
director@ncr.bayandsl.ph
ncmbcar@yahoo.com

400-2529
(052) 480-84-67
(034) 433-0901
(033) 338-14-25
(033) 509-0177
(032) 415-7046
(032) 412-0170
(032) 266-8194
(053) 834-1745
(062) 991-26-44 (062)
991-21-86
(08822) 723-922
(08822) 856-6123
(082) 226-34-65 (082)
305-40-85
(083) 228-3438 (083)

ncmb4b@yahoo.com.ph
ncmbrb5@yahoo.com
ncmbrb6@yahoo.com

dole10_imsd@yahoo.com
dole11davao@yahoo.com
dole12.ro@gmail.com
dolecaraga13@gmail.com

ncmbrb1_tim@yahoo.com.ph
rcmb02@yahoo.com
ncmbsanfernando@yahoo.com
etdiones@yahoo.com.ph

cebu.ncmb@yahoo.com
ncmbrb8@yahoo.com
ncmbr9@yahoo.com
ncmb10_cdo@yahoo.com.ph
ncmbrb11@yahoo.com
ncmbrb12@yahoo.com.ph

13

Ligaya R. Lumbay

3049733
(085) 342-58-71)
(085) 342-9131

ncmb13caraga@yahoo.com

28. What initiatives were undertaken by the government in relation to RA 10533?

The DOLE conducted the following:

Tripartite consultations with labor and management representatives from different

schools, DepEd, CHED, and COCOPEA, through its 12 regional EITCs (NCR, CAR, Regions
1, 2, 3, 4B, 7, 8, 10, 11, 12 and 13) in 2012.

Three area-wide tripartite education fora on K to 12 (Luzon 14 November 2012 in

Manila; Visayas 27 February 2013 in Cebu City and Mindanao 22 March 2013 in
Davao City) where Education Tripartite Forum on K to 12 Resolution No. 1, Calling on
DOLE, DepEd, CHED and TESDA to Develop Safety Nets or Transition Interventions for
the Working Populace in the Education Sector as a Component of the K to 12 Basic
Education Program Implementation was adopted and submitted to DepEd and CHED.
The resolution urged to put in place safety nets to address the displacement/dislocation
of first-year college professors and non-teaching personnel, among others.

Eighteen (18) sectoral, tripartite and inter-agency meetings, which commenced in July
2013, with DepEd, CHED, TESDA, PRC, PhilHealth, CSC, SSS, Pag-IBIG, and
representatives from the EITC-NCR in the promulgation of the Joint Guidelines
addressing the labor and management component pursuant to Section 31 of the IRR
which was signed on 04 September 2013.

In addition, the DOLE-chaired Tripartite Industrial Peace Council (TIPC), the main
consultative and advisory body on labor and employment, came out with TIPC Resolution
No. 8, Calling on DepEd, CHED, and TESDA to Ensure Workers Rights in View of the K to 12
Basic Education Program Implementation on 15 July 2013, with the following
recommendations:
a. Request the foregoing agencies to present and discuss their K to 12 program
implementation roadmap to the TIPC;
b. Ensure the inclusion of TIPC labor and employer sector representatives, private and
public school teachers and professors and non-teaching personnel in the InterAgency Committee that shall formulate the implementing rules and regulations of
RA 10533, in order to address the labor component issues and concerns arising from
the implementation of the law; and
c. Guarantee that all persons who will be affected by the law to be afforded full
protection of their rights, including their right to security of tenure and separation
benefits, if applicable.

The CHED initiated the following:

a. Creation of a TWG on Mitigating the Impact of K to 12 on HEIs composed of
representatives from the Coordinating Council of Private Education Associations
(COCOPEA) and Asian Institute of Management (AIM), among others, to formulate
strategies to mitigate the impact of K to 12 on HEIs.
b. Conduct of consultation with various sectors including the COCOPEA, Philippine
Association of Maritime Institutions (PAMI), Philippine Association of State
Universities and Colleges (PASUC), among others. Various meetings with AIM and
initial projections by the Philippine Institute of Development Studies (PIDS)
eventually resulted in the economic justification for the establishment of a
stabilization fund which could alleviate the situation of HEIs and affected teaching
and non-teaching personnel due to foregone enrolment.
The DepEd initiated the following:
a. Conduct of K to 12 Pre-Summit Conferences with various stakeholders in Baguio (05
December 2011), Cebu (07 December 2011), Davao (09 December 2011) and Manila
(12 December 2011).
b. Discussion with representatives of teaching and non-teaching personnel
unions/associations on possible displacement of HEI faculty and staff during the K to
12 Steering Committee Meeting on 28 September 2012.
c. Inclusion of provisions that address transition concerns of HEIs and their teaching
and non-teaching personnel in House Bill No. 6643 and Senate Bill No. 3286 during
the deliberations of these bills in the House of Representatives and Senate
respectively from February to December 2012. These additional provisions were
eventually included in Sec. 8 (Hiring of Graduates of Science, Mathematics, Statistics,
Engineering and Other Specialists in Subjects With a Shortage of Qualified
Applicants, Technical-Vocational Courses and Higher Education Institution Faculty),
Sec. 9 (Transitory Provisions) and Sec. 10 (Expansion of E-GASTPE Beneficiaries) of RA
10533.
d. Inclusion of representatives of HEI teaching and non-teaching personnel
unions/associations in the 2nd and 3rd/Final Drafting Committee Meetings for the
IRR of RA 10533 on 07 August and 29 August 2013 respectively.
e. Conduct of RA 10533 IRR Consultation Workshops with various stakeholder in Davao
(14 August 2013), Cebu (19 August 2013), Manila (23 August 2013) and Pampanga
(27 August 2013).
29. What actions have been initiated after the passage of RA 10533?

The DOLE, DepEd, CHED, and TESDA formed a government technical working group to
ensure the implementation of the Joint Guidelines and the Action Plan on the labormanagement component of RA 10533, in consultation with the EITCs nationwide, to
optimize employment retention or prevent, to the extent possible, displacement of
teaching and non-teaching personnel in private and public HEIs.
The DOLE-DepEd-CHED-TESDA-formed TWG is conducting, in collaboration with PIDS, a
comprehensive survey of tertiary education institutions to provide validated estimates of
the number of academic and academic support personnel who are likely to be displaced in
light of the transition plans of tertiary education institutions as well as the profiling of these
personnel for purposes of government interventions.
30. When is the effectivity of the Joint Guidelines?
The Joint Guidelines was issued on 30 May 2014 and took effect on 14 July 2014, fifteen
(15) days after its publication in two (2) newspapers of general circulation on 29 June 2014.