FORMER instructors of the Saint Louis University (SLU) are suing the school for alleged illegal termination.
Czar Ian Cacanindin, Winelyn Pinas, Philip Agustin, Aldrin Bumagat, Criselda Fernandez and Jennifer Aquino filed a complaint against the university on September 4 before the office of the National Labor Relations Commission (NLRC) here.
Joseph Porfirio Andaya, Union of Faculties and Employees of SLU, told Sun.Star Baguio the complainants filed the case because of the change in their employment status, from regular faculty members to part time instructors.
The instructors' employment status were said to be changed as they were covered by the university's implementation of the Commission on Higher Education's Memorandum Order No. 40 series of 2008 or the Manual of Regulations for Private Higher Education (MORPHE).
The MORPHE requires private higher education instructors to have a master's degree as a minimum qualification requirement. Unfortunately, the complainants still do not have their respective master's degree, thus their relegation to part time work.
However, Andaya said under their Collective Bargaining Agreement (CBA), the MORPHE was effective in SLU in 2009.
"Pero the admin applied it retroactively pati sa mga dapat regular na before 2009," he said.
While Andaya said there is no complaint on the employment benefits, the employment status must be changed because "they possess all the qualifications required by the Labor Code and the CBA to be regularized before the MORPHE was passed pero SLU still terminated them" and turned them into part time faculty staff.
He added while the complainants were considered part time employees, they were required to accomplish separation clearance papers and get their separation pay.
Andaya shared the complainants were offended because they have served SLU well.
While around 200 teachers are affected by the change of employment status Andaya highlighted, “Ngayon lang po may naglakas na magfile ng case kasi the past union leaders advised them to keep quiet na lang, either resign or go for early retirement.”
In this case, the complainants are asking to be reinstated to their former position as regular faculty members.
"Gusto po nating ma-reinstate sila sa kanilang permanent regular status at matigil ang practice ng SLU of contractualizing the faculty because this does not serve the students well and the educational sector as a whole," he noted.
"The security of tenure of teachers protected by the labor code must always be upheld,” he said.
Andaya mentioned even if only six have filed cases, the union hopes other instructors affected by the change of employment status because of MORPHE will join them in their cause.
Complainants Cacanindin and Bumagat are already eight years in service; Aquino, 16; Agustin, 17; Fernandez, 18; and Pinas, 19.