Hi There teachers,

I just want to ask something and I hope you guys will share your insights about this:

I just resigned from a private school. Prior to this, we heard rumors( but actually true to those who resigned earlier) that we would be receiving two months salary when we resign since we are permanent teachers already. At the beginning we were told that there will be no back pay or separation pay either( but was just told to us orally, we are sure they do not have employee's manual yet). So it was just okay with us coz we wanted the job.

My question is: Don't I have anything to receive really from that school after teaching for 4 years being also a permanent teacher? when we asked or director she just told us "I'll see if you have something to receive." How about my co teacher who had served them for 9 years? It really bothers me that I have been serving them but will have zero benefit!
I asked a friend who is also working in a private school ( managed by priests) if they have the same policy. She told me her school gives a separation pay! Even when you are under probation and you resign, you can still receive something!

Please help me on this. Should I tell them that some private schools give separation pay? contrary to what they told us at the beginning? Or a private school can really declare in their book/manual that their teachers will not be receiving 5 days leave? no separation pay or back pay?

Im really confused. Had I anticipated all these, I would never have applied in that school.
Thank you guys.

Missy, here's your answer, AFAIK:

If you resign, you are not entitled to a separation pay under the law. But some institutions do give lump sum in compensation for your years in service; this is strictly "loyalty pay" but people often refer to it as "separation pay" - since it is given when you separate from the company.

If you are terminated, however, two things are possible:

1. you are terminated for just cause (gross and habitual neglect of duty, fraud or commission of a crime; see Please register to see links. of the Labor Code)
2. you are terminated because of streamlining in the company (retrenchment, redundancy)

In the first case, you are not entitled to a separation pay. In the second case, you are.

The separation pay is computed pro-rata (my source person tell me 50% of monthly salary x no. of years for those below 5 years in service; 100% of monthly salary x no. of years for 5 years and above).

Caveat: I am not a lawyer (yet).

If a teacher is still probationary

Thank you.

So that means it is just up to the institution to decide if they will be giving away "lump sum", right?
So when they say u would not receive anything, that is just it?

How about the so -called " five days leave?

(04-17-2009 12:19 PM)missy Wrote:  Thank you.

You're welcome.

Quote:So that means it is just up to the institution to decide if they will be giving away "lump sum", right?
So when they say u would not receive anything, that is just it?

Yes, and yes, at least based on my interpretation. I could be wrong though, so it would never hurt you to confirm my interpretation with a lawyer.

Quote:How about the so -called " five days leave?

Are you referring to the Service Incentive Leave (SIL)? Please register to see links.,

Quote:Every employee who has rendered at least one (1) year of service is entitled to a yearly service incentive leave of five (5) days with pay. [...]

Meaning of "one year of service"

The phrase "one year of service" of the employee means service within 12 months, whether continuous or broken, reckoned from the date the employee started working. The period includes authorized absences, unworked weekly rest days, and paid legal/regular holidays. Where by individual or collective agreement, practice or policy the period of working days is less than 12 months, said period shall be considered as one year for the purpose of determining entitlement to the service incentive leave.

Availment/Commutation to Cash

The service incentive leave may be used for sick and vacation leave purposes. The unused service incentive leave is commutable to its money equivalent at the end of the year. In computing, the basis shall be the salary rate at the date of commutation.

The availment and commutation of this benefit may be on a pro rata basis.

How about naming the school so that we can get the background of the school.

Yes, and also a warning for those who would like to apply to that school.

Thank you Guys for giving insights into this problem.
I was just really so disappointed. Had i anticipated all these, I would never have stayed with them for four years.
I am sorry I couldnt name the school, for my own protection.

Thank you, really.

You're welcome Missy.

Regarding not naming the school, that's no problem. Only JM really like to make life difficult for some schools

BTW, I hope you'll stay here at least as long as you stayed in that school

Hahahahahahahahahaha.

Let's make the school miserable as the school makes our lives miserable.

Yeah right! I am just thinking of those ex co-teachers of mine who have been there for 15 or 18 years!! What a bummer to spend your time with a school which is only up to their own profits but is not giving everything that is due for a teacher.

Thank you Guys.

I'll just be around.