Private College Professor Complaint Filing in the Philippines: A Legal Perspective

In the context of the Philippines, the process for filing a complaint as a private college professor involves a variety of legal provisions, institutional protocols, and mechanisms designed to address grievances. Professors, like other workers, are entitled to seek redress for violations of their rights or injustices they may experience in the course of their employment. Below, we’ll explore the general procedures, laws, rights, and practical considerations for filing complaints as a private college professor in the Philippines.

1. Understanding the Legal Framework for Private College Professors in the Philippines

In the Philippines, private higher education institutions (HEIs) are governed by a combination of national labor laws, education laws, and institutional policies. Professors at private colleges are typically considered employees and, therefore, their grievances can be addressed under the broader umbrella of labor law, while specific educational regulations also apply. Here are the key legal frameworks that govern the relationship between professors and private colleges:

Labor Code of the Philippines (Presidential Decree No. 442): This is the primary legal framework for workers' rights and dispute resolution. It provides protections for professors as employees of private colleges. If a professor feels unjustly treated, their first point of redress often begins with this legal structure.
Republic Act No. 6728 (Government Assistance to Students and Teachers in Private Education Act): This law primarily deals with support for private education, but it also establishes guidelines that private institutions must adhere to, which includes treating their faculty fairly.
Republic Act No. 9155 (Governance of Basic Education Act of 2001): While this primarily governs basic education, it includes provisions about the rights of teachers, which can be relevant for professors in private higher education institutions, especially with respect to non-discriminatory practices and the right to due process.
Philippine Commission on Higher Education (CHED) Guidelines: The Commission on Higher Education (CHED) is the central authority for regulating higher education institutions. It sets standards for faculty qualifications, working conditions, and institutional accountability.
Contractual Terms: Many professors in private institutions work on a contractual basis. The specific rights and processes for filing complaints can be laid out in their individual contracts, which often contain provisions for dispute resolution, termination, and even salary concerns.

2. Grounds for Filing a Complaint

Professors may file complaints for a variety of reasons. These complaints typically arise from issues related to the following:

Unjust Termination or Dismissal: A professor may feel they were wrongfully terminated, either due to discriminatory reasons, personal conflicts, or other unjust causes. The Labor Code requires that employees cannot be dismissed without just cause and due process.
Violation of Rights under the Labor Code: Professors, as employees, are entitled to certain basic rights under the Labor Code, such as payment of wages, benefits (SSS, Pag-IBIG, PhilHealth), and safe working conditions. Failure by the institution to provide these benefits may lead to a formal complaint.
Unfair Treatment or Discrimination: Professors may file complaints for workplace discrimination, harassment (sexual or otherwise), or other forms of unfair treatment, including arbitrary demotions or failure to follow institutional policies.
Non-payment of Benefits or Salary Issues: One common complaint filed by professors involves the non-payment or underpayment of salaries, allowances, or other benefits as per the contractual agreements or collective bargaining agreements (CBA), if any exist.
Violation of Academic Freedom: Academic freedom is a fundamental principle that allows professors to teach, research, and express ideas without undue interference. If an institution imposes restrictions or retaliates against a professor for their academic pursuits, they can file a complaint based on this violation.
Grading and Evaluation Issues: Professors can also file complaints if they face undue pressure or unfair treatment regarding the grading system, student evaluations, or administrative directives that compromise their academic freedom.

3. Filing a Complaint: Steps and Process

The process of filing a complaint varies depending on the specific issue, but generally follows a systematic approach:

Internal Grievance Mechanism: Most private colleges have internal grievance mechanisms in place, which professors should initially use to raise their complaints. This might involve speaking with a department head, the human resources (HR) office, or the faculty union (if applicable).
- Grievance Procedure: Professors should start by addressing their issue with the immediate superior or HR personnel. If this does not resolve the issue, they can escalate it to a higher office within the institution, such as a faculty council or grievance committee.
Documentation: It’s critical to document every issue related to the complaint. This includes keeping copies of emails, written correspondence, contracts, pay slips, written warnings, and any other relevant documents. This documentation will serve as vital evidence when filing a formal complaint.
Mediation: In many cases, colleges will require mediation before escalating the issue further. The school may have an internal mediator or may refer the case to an external body.
Filing with the National Labor Relations Commission (NLRC): If the complaint is unresolved after internal processes or if the professor feels that their labor rights have been violated (e.g., wrongful dismissal, salary issues), they may file a formal complaint with the National Labor Relations Commission (NLRC). The NLRC is a government agency that provides dispute resolution between employees and employers.
- The NLRC handles cases of unfair dismissal, claims for unpaid wages or benefits, and other labor-related grievances. Professors can approach the NLRC for mediation, conciliation, or if necessary, formal hearings to resolve disputes.
Filing with the Commission on Higher Education (CHED): If the issue involves violations of higher education standards, academic freedom, or institutional regulations, professors may also file complaints with CHED. CHED has the authority to investigate allegations and enforce compliance with higher education policies.
Legal Action: If all else fails, and the professor feels their rights have been significantly violated, they may take legal action by filing a formal lawsuit against the institution for damages, unlawful dismissal, or violation of employment contracts under the Labor Code.

4. Legal Protections for Professors

Professors are afforded various legal protections in the Philippines:

Right to Security of Tenure: Under Philippine law, professors, especially those who have been employed for a considerable time, are entitled to security of tenure. This means they cannot be dismissed without just cause and due process. If a professor feels their tenure rights have been violated, they can challenge the dismissal in court or before the NLRC.
Non-Discrimination: Professors are protected against discrimination based on gender, age, religion, or political beliefs. Discriminatory practices are illegal and can be grounds for filing a complaint.
Academic Freedom: This is a constitutional right under Philippine law, particularly under the 1987 Constitution. Professors have the right to teach, research, and express their views without fear of retaliation or censorship by the educational institution.
Right to Receive Fair Compensation: Professors have the right to be paid according to their contract and in line with minimum wage laws, as well as to receive other benefits as mandated by law, such as SSS, Pag-IBIG, and PhilHealth contributions.

5. Conclusion

Filing a complaint as a private college professor in the Philippines is a legal process that involves clear procedural steps and protections under both labor and educational law. Professors have the right to pursue grievances related to unfair treatment, workplace violations, and academic freedom breaches through various channels, including institutional grievance procedures, the NLRC, CHED, and even legal action. It is crucial that professors document their concerns thoroughly and understand their rights to ensure they receive fair treatment and redress.