Tenure Calculation Including Part-Time Years for Teachers in Private Schools (Philippines)

Quick take: In Philippine private schools, “tenure” can mean two different things. (1) Labor Code regularity (security of tenure as an employee), and (2) academic permanence/tenure under education-sector rules (DepEd for basic ed, CHED for higher ed). Part-time years generally do not count toward academic permanence, which typically requires full-time, consecutive years. But part-time service can, in some cases, create Labor Code regularity—a “regular part-time” status with protection from dismissal without just/authorized cause. The details matter.

Below is a practical, soup-to-nuts guide you can hand to HR, a dean, or counsel.

1) What “tenure” means in private schools

A. Security of tenure under the Labor Code

The Constitution guarantees security of tenure; the Labor Code implements it.
Regular employment arises when:
- You’re engaged to perform work necessary or desirable to the business, and
- You complete the probationary period (see below), or you’ve rendered at least one (1) year of service (continuous or broken) with respect to the activity for which you were hired.
Regular employees—full-time or part-time—cannot be dismissed except for just or authorized causes and with due process.

B. Academic “permanent/tenured” status under sector rules

Private schools are also governed by education-sector regulations (DepEd for basic education; CHED for higher education).
These rules recognize longer probationary periods for teachers than the default six months in the Labor Code, and they tie permanence to full-time service plus qualifications.
Result: You can be regular (Labor Code) without being permanent/tenured faculty (DepEd/CHED)—they’re related but not identical concepts.

2) Probationary periods for teachers

Basic Education (DepEd): Commonly three (3) consecutive school years of satisfactory full-time service, subject to minimum qualifications (e.g., valid professional teacher’s license, suitability for the level taught).
Higher Education (CHED): Commonly three (3) consecutive years of full-time service (often measured by academic years/semesters), plus academic qualifications (e.g., at least a master’s degree for college teaching), satisfactory performance, and compliance with institutional standards.

Key point: These sector rules lawfully extend the probationary period beyond six months and expect full-time service during that period for a teacher to ripen into permanent/tenured status.

3) Do part-time years count toward academic tenure?

Generally, no.

DepEd/CHED frameworks and most faculty manuals require full-time service for the prescribed consecutive years.
Part-time appointments don’t convert to “permanent/tenured” status by mere passage of time, even if repeated every term.
Many schools also condition permanence on minimum loads, research/service expectations, class observations, and degree/licensure requirements—criteria designed for full-time faculty.

Practical translation: If you taught part-time for years and then get appointed full-time, the tenure clock usually starts when the full-time appointment begins, unless a CBA or faculty manual expressly credits part-time service on a pro-rata basis (rare but possible).

4) Can part-time years make you regular under the Labor Code?

Yes—sometimes.

The Labor Code recognizes regular part-time employment. If you consistently perform necessary/desirable teaching and meet the standards communicated at hiring, you can become regular (as a part-time employee) after the probationary period.
But private schools often issue fixed-term, per-semester contracts. Courts have recognized that fixed-term arrangements aligned with school terms are not per se illegal, yet they cannot be used to defeat security of tenure.
In practice, outcomes depend on facts: continuity, the school’s demonstrated standards, notice of those standards at hiring, evaluations, and whether the fixed terms are being used to evade tenure/regularity.

Bottom line: You might be a regular part-time employee (protected from arbitrary non-renewal), without being a permanent/tenured faculty member under DepEd/CHED.

5) How schools define “full-time” vs “part-time”

Full-time is typically defined in the faculty manual/CBA by a minimum teaching load per term (e.g., a set number of units/hours) plus expected non-teaching duties (consultation hours, committee work, research, extension).
Part-time faculty carry a smaller load, usually paid per unit/hour, and often excluded from tenure tracks.

Tip: Ask HR for the school’s official full-time load. That number is pivotal for any calculation or dispute.

6) Counting rules & examples

A. Academic tenure (DepEd/CHED)

Requirement: Full-time + consecutive years (commonly three).
Consecutive years are counted by school years (basic ed) or academic years/semesters (higher ed).
Breaks like summer and regular school vacations don’t break continuity.
Approved leaves (e.g., maternity, sick) typically don’t break continuity if you remain in full-time status per policy.
Shifts between schools: Service is not portable. Your tenure clock is school-specific.

Example 1 (college): AY 2022–2023 full-time → AY 2023–2024 full-time → AY 2024–2025 full-time, with satisfactory evaluations and required degree. Result: Eligible for permanent/tenured status at the end of the third full-time year if the school’s standards are met.

Example 2 (college, with prior part-time): AY 2021–2022 part-time; AY 2022–2023 part-time; AY 2023–2024 full-time; AY 2024–2025 full-time; AY 2025–2026 full-time. Result: The three-year count usually starts AY 2023–2024 (first full-time year). The earlier part-time years don’t satisfy the full-time requirement for permanence.

B. Labor Code regularity (part-time)

Threshold: Successful completion of probation (as communicated standards are met) or at least one year of service (even if broken), with respect to the activity hired for.
Effect: You become a regular part-time employee; you can’t be non-renewed without cause and due process, even if contracts are issued per term.

Example 3 (part-time regularity): You taught 9 units every first and second semester for two years in the same department; teaching is vital to the school. Result: Strong basis to claim regular part-time status (Labor Code). This does not equal academic “tenure,” but it does secure due-process protections.

7) Fixed-term contracts and the “renewal” problem

Per-term contracts are common. They’re not automatically illegal, but they cannot be used as a smokescreen to avoid regularization where the facts show you’ve met standards and the job is ongoing/necessary.
For probationary teachers, schools must clearly communicate standards at hiring and evaluate against those standards. Failure to communicate standards or to evaluate fairly can undermine a school’s reliance on “probation” or fixed terms.

8) When do part-time years ever count toward academic tenure?

If and only if your CBA or faculty manual explicitly grants pro-rata credit (sometimes called FTE—full-time equivalent). This is policy-dependent, not the default under DepEd/CHED frameworks.
Where allowed, the arithmetic usually looks like:
- FTE per term = (Your units ÷ Full-time units).
- Sum FTE over terms to reach the equivalent of 3 full-time years.
- Caution: Even with FTE math, schools may still require consecutive full-time years immediately before conferral of permanence. Always check the exact text.

Illustration (if policy allows FTE credit): Full-time load = 18 units/sem. You taught 9 units per sem for 6 consecutive semesters.

FTE per sem = 9/18 = 0.5
6 semesters × 0.5 = 3 FTE semesters = 1.5 full-time years
If the manual allows FTE accumulation, you’d still need another 1.5 full-time years (or its FTE equivalent) and compliance with any “consecutive full-time” clause before permanence.

9) Interruptions & special situations

Approved leave (e.g., maternity, sickness, study leave): Usually does not break the “consecutive” requirement, but verify if a minimum service per year is also required.
Retrenchment/authorized closure: Tenure clocks don’t “carry over” to a new school. You may be entitled to separation pay rather than tenure.
Degree/licensure gaps: If the sector rule or school policy requires a master’s degree (HEI) or PRC teacher license (basic ed), the tenure clock may not start until you possess (or are formally allowed to complete) those credentials.
Age limits: Academic permanence is still subject to compulsory retirement rules.

10) Practical steps—teachers

Get the documents: Offer letter(s), contracts per term, performance evaluations, class assignments, faculty manual, and any CBA.
Confirm the standards: Were academic standards clearly communicated at hiring? Keep proof.
Pin down full-time load: Ask HR for the official full-time unit load and whether FTE credit for part-time service exists.
Map your service timeline: Chart each term as FT or PT, note units, and compute FTE (for your own clarity—even if not officially credited).
Check qualifications: Make sure your license/degree aligns with the level you teach; clarify if you’re on an “conditional” status pending completion.
Raise your claim in writing: If you believe you’ve achieved regular part-time status (Labor Code) or met full-time tenure requirements, write HR/Dean citing your chronology and the manual/CBA clauses.
Escalate if needed: For disputes, the route typically goes grievance (CBA) → HR/Admin → DOLE/NLRC. Keep everything in writing and observe timelines.

11) Practical steps—schools

Be explicit at hiring: Put standards for regularization/tenure in writing and discuss them with the teacher.
Evaluate consistently: Tie evaluations to the stated standards; keep records.
Align contracts with reality: If a teacher is continuously needed, avoid revolving “temporary” labels that conflict with actual practice.
State the full-time threshold plainly in the manual/CBA; say whether part-time service is credited (and how).
Train department heads on how probation, renewal, and documentation work.

12) Common myths—debunked

“Three calendar years anywhere equals tenure.” ✗ False. Tenure is school-specific and depends on full-time consecutive years under that school’s rules.
“Part-time can never be regular.” ✗ False. You can be regular part-time under the Labor Code, though that’s distinct from academic permanence.
“Fixed-term contracts always beat tenure claims.” ✗ False. Fixed terms can’t circumvent security of tenure when the facts show continuous, necessary work and satisfied standards.
“Summer breaks break continuity.” ✗ Generally false. Normal school breaks don’t break the “consecutive years” requirement.

13) Quick decision tree

Are you seeking academic permanence/tenure? → Check DepEd/CHED + school manual/CBA. Full-time consecutive years required; part-time usually doesn’t count, unless the manual says otherwise.
Are you asserting Labor Code security of tenure? → Even as part-time, you can become regular if you meet standards and render sufficient service; fixed-term contracts aren’t a magic shield.
Mixed path? → You might be regular part-time now, and later become permanent/tenured after full-time service satisfies the sector-rule clock.

Final notes

Exact wording in your faculty manual/CBA and appointment papers is critical.
Sector rules and jurisprudence evolve. Since you asked not to use search, I’ve kept this to durable, widely-accepted principles. For a live dispute or policy drafting, consider having counsel review your specific documents and the latest DepEd/CHED circulars and Supreme Court decisions.

If you want, I can help you map your exact timeline (loads per term, status, and likely outcomes) and draft a concise HR/Dean memo asserting your rights.