A critical review of Republic Act 10533 otherwise known as Enhanced Basic Education Act of 2013: Implications to labor laws and legislations

Abstract

This study is a content analysis entitled “The Implication on Labor Laws of RA 10533 (The K to 12 Program).” RA 10533 and its Implementing Rules and Regulation (IRR) were deeply analyzed and focused mainly on finding the implications of the K to 12 programs specifically on issues of Security of Tenure; Compensation; Working Hours and the action posed by the government to answer such issues. The researcher also includes and made use of the IRR of the K to 12 program and other laws relevant to know the action posed by the Government for the protection of such Rights of Teachers .The K to 12 Law and its IRR, CHED, DOLE, TESDA, DEPED GUIDELINES, Magna Carta for Teachers, Labor law and the Constitution supported this study. Based on the findings, with regard to security of tenure, since there will be no enrolees or lower enrolees in the full implementation of SHS hence such security of tenure is at stake, but the K to 12 and CHED-DOLE-TESDA-DEPED gives the privilege to those teachers affected to teach in their own HEIs offering SHS and if their own HEIs is not offering SHS then to be prioritized in hiring to teach in other schools offering SHS. With regard to working hours, the same working hours is being followed since the K to 12 Law and its IRR were silent about it. Teachers will still have 6 hours of teaching and will not have more workload as provided in the Magna Carta of the DEPED. In case of private HEIs the no. of hours will also be govern by Individual agreement, Collective agreement and Such other arrangement as may be allowed by law. With regard to compensation, salary of public teachers shall be based on standardization law, PBB or any other laws existing and applicable since the K to 12 Law and its IRR are silent on the same. In case of HEIs, or shall be governed by Individual agreement, Collective agreement and such other arrangement as may be allowed by law.