Guidelines in Implementation of K to 12 DOLE Adjustment Measures Program

March 10, 2016

DOLE DEPARTMENT ORDER NO. 152-16

GUIDELINES IN THE IMPLEMENTATION OF K TO 12 DOLE ADJUSTMENT MEASURES PROGRAM (K TO 12 DOLE AMP)

In the interest of the service and pursuant to the goal of making growth inclusive through employment facilitation and human resource development, and protection of workers through provision of welfare services, this Guidelines is hereby issued prescribing the standards and procedures for effective implementation of the Department of Labor and Employment Adjustment Measures Program for K to 12 Displaced Higher Education Institution Personnel (K to 12 DOLE AMP).

I. Program Description and Guiding Principles

SECTION 1. Legal Basis. — The K to 12 DOLE AMP is formed pursuant to the DOLE-DepEd-TESDA-CHED Joint Guidelines on the Implementation of the Labor and Management Component of Republic Act No. 10533 or the Enhanced Basic Education Act of 2013 (K to 12 Program) which took effect on 15 July 2014.

SECTION 2. Program Description. — The K to 12 DOLE AMP is part of the government's Inter-Agency Mitigation Measures for affected HEI personnel during the transition period of the implementation of K to 12 Program. It serves as a safety-net linked to active labor market programs (ALMP) and provides unemployment-related benefit schemes to displaced HEI personnel who will not qualify or avail of the Department of Education (DepEd) and the Commission on Higher Education (CHED) mitigation measures. The K to 12 DOLE AMP aims to support the displaced HEI in their transition to self or full-time employment through: (1) Financial Support, (2) Employment Facilitation, and (3) Training and Livelihood.

SECTION 3. Objectives. — This Guidelines seeks to ensure that the K to 12 DOLE AMP contributes to easing the situation of displaced HEI personnel, through:

a. Providing easy and priority access to DOLE menu of services under the program;

b. Prescribing clear and transparent operational procedures for DOLE Quick Response Teams (QRTs), DOLE Regional Offices (ROs) and Field Offices (FOs), and Public Employment Service Office (PESO) in the program implementation; and

c. Addressing problems and issues that may arise during the program implementation.

SECTION 4. Scope and Coverage. — The K to 12 DOLE AMP shall cover all displaced HEI personnel, regardless of tenure and position, caused by the implementation of K to 12 Program during the transition period.

SECTION 5. Exclusion. — The following HEI personnel affected by the implementation of K to 12 Program are excluded from the financial support but may avail of the employment facilitation, training, and livelihood services under the program:

a. Government employees whose part-time teaching load/s only is affected;

b. Permanent public HEI personnel whose part-time teaching load/s only is affected; and

c. Substitute teachers/professors with a maximum tenure of three (3) months.

SECTION 6. Definition of Terms. — For the purpose of this Guidelines, the following terms are hereby defined:

a. "Full-time Employment" — refers to employment constituting of a minimum of 40 hours of work in a week.

b. "Higher Education Institutions (HEI)" — refers to an educational institution private or public, undertaking operations of higher education programs with an organized group of students pursuing defined studies in higher education, receiving instructions from teachers, usually located in a building or group of buildings in a particular site specifically intended for educational purposes.

c. "Job Contacts" — refers to job applications through personal or online submissions and appearances to job interviews.

d. "Justifiable cause" — refers to conditions causing temporary inability or unavailability to comply with the conditional requirements of the program supported by necessary documentation such as but not limited to medical certificates issued by public/government health authority (e.g., medical conditions, disability, or accident).

e. "Misrepresentation of facts" — includes fraudulent misrepresentation or false statement that will have a negative effect in the evaluation of the application which was made knowingly, or without belief in its truth, or recklessly whether it is true or false. CAIHTE

f. "Non-Teaching Personnel" — refers to those who perform administrative functions, maintenance of HEI, and certain prescribed academic functions directly supportive of teaching, such as registrars, librarians, guidance counselors, researchers, and other persons performing similar functions including institution officials responsible for academic matters and affairs.

g. "Notice of Approval and Instructions" — refers to a written document notifying the client on the approval of his or her application which also contains important program information such as procedures of subsequent reporting, grounds and procedures of suspension and disqualification, and cessation from the program.

h. "Other source of income" — refers to income generated from either part-time or full-time wage employment.

i. "Part-time Employment" — refers to employment which does not meet the qualifications of a full-time employment.

j. "Personnel" — refers to the person, singly or collectively, working in a public or private higher education institution, as defined in the Manual of Regulations for Private Higher Education.

k. "Progress Report" — refers to the main monitoring document to track client's compliance with the RPA, status of Financial Support, and his or her overall progress in completing the program.

l. "Recommended Plan of Action (RPA)" — refers to recommendations made by DOLE based on the evaluation of submitted documents and client preferences to be performed by the client within the prescribed period of completion which shall become part of the conditional requirement of the program for subsequent claim of FS.

m. "Substitute Teacher/Professor" — refers to a faculty member who is engaged to take over the classes of another faculty member who is unable to continue for a period or to complete their teaching assignments.

n. "Teaching Personnel" — refers to those who are formally engaged in actual teaching or in research assignments, either on full-time or part-time basis.

o. "Transition Period" — shall be reckoned from the start of School Year 2016-2017 until the end of School Year 2021-2022.

II. Program Components

SECTION 1. Financial Support. — Financial Support (FS) protects the displaced HEI personnel and their families against loss of continued income as a result of the implementation of the K to 12 Program. This shall be done through provision of financial assistance to displaced HEI personnel with the following features:

a. Amount — shall be based on the prevailing median salary of HEI personnel per nature of appointment per region, or his or her previous monthly salary, whichever is lower;

b. Duration — shall be three (3) months for non-permanent and six (6) months for permanent HEI personnel. In case the displaced HEI personnel is non-permanent and has no other sources of income, which resulted to a total loss of income, he or she will be entitled to six (6) months of FS; provided that his or her latest income tax return will be submitted during the application for verification; and

c. Schedule of Release — shall be every end of the month through the K to 12 DOLE AMP authorized bank.

SECTION 2. Employment Facilitation. — Employment Facilitation services provide tools and venues for reemployment of displaced HEI personnel which include profiling of displaced HEI personnel, matching, and job referrals. The following ALMP and intermediaries may be used:

a. For labor market information

1. Phil-JobNet (PJN)

2. Employment/Job Search Kiosks

3. Industry Career Guides and Occupational Pamphlets

b. For referral and placement

1. Public Employment Service Office (PESO)

2. Private Employment Agencies (PEA)

3. Registered contractors and sub-contractors

4. Industry partners

5. Technical Education and Skills Development Authority (TESDA) accredited training institutions

c. For career guidance and employment coaching

1. Network of Career Guidance Counselors and Career Advocates

SECTION 3. Training and Livelihood. — Training provides skills upgrading programs through TESDA while livelihood assistance provides entrepreneurship training and livelihood opportunities under the DOLE Kabuhayan Program. DETACa

III. Program Management

SECTION 1. Program Management Office. — A Program Management Office (PMO) shall be established at the DOLE-Bureau of Local Employment (BLE), under the supervision of the Undersecretary for Employability of Workers and Competitiveness of Enterprises Cluster, to oversee program implementation at the national and regional level. The PMO, through the BLE, shall:

a. Provide the necessary technical and administrative support services to the program implementers in the national, regional and field offices;

b. Conduct monitoring, evaluation and analysis of the status of the implementation of all program components;

c. Consolidate monthly reports from DOLE implementing offices and submit quarterly and annual reports to the Undersecretary or as the need arises;

d. Set up efficient internal monitoring and control mechanism at all levels of program implementation; and

e. Develop and maintain a database and tracking system for program clients and related documents, processes and outputs.

SECTION 2. Quick Response Team. — Based on the reports of displacements, the QRT should undertake activities pursuant to DOLE Department Order No. 07 series of 2001 or the Guidelines for the Operation of Quick Response Teams. Assessment made by the QRT shall be the basis of the DOLE RO/FO in providing the RPA.

SECTION 3. DOLE Regional/Field Office. — The DOLE RO/FO shall:

a. Screen and evaluate applications with complete documentary requirements;

b. Conduct assessment, recommendation and orientation to clients about the program components, and the client's duties and responsibilities in order to properly and continuously avail of program services; and

c. Ensure that monitoring is in place through real-time updating of the Program database.

The DOLE FO shall:

a. Forward accepted applications to DOLE RO for assessment;

b. Submit reports to DOLE RO monthly, annually, or as the need arises; and

c. Recommend to the DOLE RO policies to further improve the Program.

The DOLE RO shall: HEITAD

a. Consolidate reports submitted by DOLE FOs;

b. Submit regional consolidated reports to PMO monthly, annually, or as the need arises; and

c. Recommend to the PMO policies to further improve the program.

SECTION 4. Public Employment Service Office. —The PESO shall:

a. Screen and evaluate applications with complete documentary requirements;

b. Conduct assessment and orientation to clients about the program components, and the client's duties and responsibilities in order to properly and continuously avail of program services; and

c. Forward applications received and evaluated to the nearest DOLE RO/FO.

SECTION 5. DOLE Technical Working Group. — A DOLE Technical Working Group (TWG) shall be created to provide policy and program support to ensure overall smooth program implementation. The TWG shall be composed of focal persons from the following concerned DOLE agencies:

a. Bureau of Local Employment (BLE)

b. Bureau of Labor Relations (BLR)

c. Bureau of Workers with Special Concerns (BWSC)

d. Bureau of Working Conditions (BWC)

e. Financial and Management Service (FMS)

f. Institute for Labor Studies (ILS)

g. Legal Service (LS)

h. National Conciliation and Mediation Board (NCMB)

i. National Labor Relations Commission (NLRC)

j. Philippine Overseas Employment Administration (POEA)

k. Technical Education and Skills Development Authority (TESDA)

IV. Program Implementation

The procedures are specific to the Financial Support component of the program. Existing implementation procedures and processes apply for the other program components such as Employment facilitation, training, and livelihood.

SECTION 1. Documentary Requirements. — The DOLE RO or FO shall be responsible for determining the completeness and correctness of the documents and statements submitted by the client. The following documents shall be required in the application for FS:

a. Notarized notice of termination issued by the HEI, as required by Article 283 of the Labor Code of the Philippines, as amended. This document shall also include the nature of employment of the displaced HEI personnel;

b. Photocopy of HEI employee's ID as proof of identification and verification of client's position and/or nature of employment or, if not available, any government issued ID; and

c. Latest Income Tax Return (ITR), if applicable.

SECTION 2. Conditional Requirements. — The displaced HEI personnel shall be required to comply with the requirements of the RPA issued by the concerned DOLE RO or FO to be eligible and continually receive FS. The RPA may include, but not limited to, the following:

a. Make ten (10) job contacts for or every three months, whichever is applicable;

b. Participate in employment facilitation programs offered by DOLE;

c. Attend skills training offered by TESDA, if applicable;

d. Participate in livelihood programs provided by DOLE, if applicable; and

e. Submit Progress Reports and necessary supporting documents within the prescribed period.

SECTION 3. Application Procedure. — The following procedures shall guide both concerned DOLE implementing offices and clients on the process of FS application:

a. The client shall submit a duly accomplished K to 12 DOLE AMP Application Form, notarized notice of termination issued by the HEI, photocopy of HEI employee ID, and his or her latest income tax return (ITR), if applicable, within one (1) month from displacement or after receipt of the notarized HEI K TO 12 Termination Report issued by the HEI to the nearest DOLE RO, FO, or PESO. Only applications with complete documentary requirement will be accepted. Applications filed at PESO shall be forwarded within two (2) working days to the nearest DOLE RO or FO for evaluation.

b. The concerned DOLE RO or FO shall evaluate and validate all applications with the notarized HEI K TO 12 Termination Report submitted by the HEI within ten (10) working days upon receipt of documentary requirements.

c. If approved, the concerned DOLE RO or FO shall create an individual account in the K to 12 DOLE AMP database and notify the client within twelve (12) working days from date of application. Approved clients shall be provided the following: (1) Notice of Approval and Instructions and (2) Progress Report. ATICcS

d. If denied, the concerned DOLE RO or FO shall send the client a written notice stating the reasons for denying the application within ten (10) working days from receipt of application.

e. Upon receipt of written Notice of Approval and Instructions and Progress Report, the client shall commence forthwith the completion of the RPA.

SECTION 4. Denial of Application. — The DOLE RO or FO may deny an application upon determination of any of the following grounds:

a. Incomplete documentary requirements;

b. Ineligibility of applicant;

c. Misrepresentation of facts in the application; or

d. Submission of falsified and tampered documents.

SECTION 5. Subsequent Reporting Procedure. — The following procedures shall guide both concerned DOLE implementing offices and clients on the process of FS subsequent reporting:

a. Upon completion of the RPA or not later than ten (10) working days before the next scheduled release of FS, the client shall report back to the concerned DOLE RO or FO and present Progress Report and necessary supporting documents for evaluation of eligibility to subsequent FS.

b. If the client is under any conditions with justifiable cause or attending seminar or training in relation to his or her application for job or livelihood, his/her duly authorized representative may appear and submit the Progress Report and necessary supporting document in his/her behalf.

c. The concerned DOLE RO or FO shall evaluate and validate all presented documents within five (5) working days from the date of receipt of report.

d. If the client was found eligible to claim subsequent FS, the concerned RO or FO shall update the client's individual account in the K to 12 DOLE AMP database and notify the client within seven (7) working days from date of receipt of report. The concerned DOLE RO or FO shall return to the client the Progress Report, which contains updated information on the status of FS.

e. Upon receipt of the updated Progress Report, the client shall continue the completion of the RPA.

SECTION 6. Cessation. — The client shall have officially completed the K to 12 DOLE AMP in any of the following circumstance:

a. Once the client has received all the approved FS and complied to all requirements of the K to 12 DOLE Program; or

b. Once the client has commenced full-time employment. In case the client is proven to have commenced full-time employment prior the end of approved FS coverage, the client shall be entitled to receive half of the total amount from the remaining months of approved FS.

SECTION 7. Suspension. — Upon determination of any of the grounds for suspension, the concerned DOLE RO or FO shall send the client a written warning which contains information on DOLE findings within five (5) working days from the date of decision. The client shall only be allowed two (2) written warnings: first warning and last warning. Any of the following shall be a ground for suspension:

a. Failure to comply with any of the conditional requirements, without justifiable cause; or

b. Failure to comply with the requirements of an issued written warning.

If the client commits any of the grounds for suspension, the concerned DOLE RO or FO shall temporarily suspend the subsequent FS and require the client to submit a written explanation supported by evidentiary documents on or before the next subsequent reporting. Upon receipt of acceptable evidentiary documents, the concerned DOLE RO or FO shall notify the client and include the suspended FS in the subsequent FS release. However, if the client failed to comply within the prescribed period, the concerned DOLE RO or FO shall forfeit the suspended FS and send the client a written notice stating the reasons and grounds thereof.

SECTION 8. Disqualification. — Upon determination of any of the following grounds for disqualification, the concerned DOLE RO or FO shall send the client a written notice stating the reasons and grounds thereof within (5) working days from the date of decision:

a. Third count of disregard with the conditional requirements;

b. Misrepresentation of facts in the application; or

c. Submission of falsified and tampered documents.

V. Program Monitoring and Evaluation

SECTION 1. Monitoring. — The following sources of information shall serve as basis for monitoring of the program:

a. Program Database. An existing database system shall be modified for the purpose of the program. This database shall hold all client information and shall be used to generate reports relative to the program.

b. Client Individual Accounts. All client information and transactions shall be updated in the database. Updates on the progress of RPA, Client's financial support, and Job Contacts shall be based on the client's Progress Report.

c. Reports. All information generated from DOLE FOs and PESOs shall be forwarded to their respective DOLE RO. These reports shall be consolidated by the DOLE RO. Reports shall contain among others number of clients served, type of services provided, amount of funds released, and program implementation issues/problems encountered.

SECTION 2. Evaluation. — To ensure the effectiveness of the program and its Guidelines, the following shall be conducted:

a. The PMO shall conduct an evaluation every six (6) months.

b. The DOLE TWG shall meet quarterly for 2016-2018, every semester for 2019-2020, or as the need arises to: TIADCc

1. Assess the effectiveness of the program through the number of successfully serviced displaced HEI personnel;

2. Discuss arising issues and problems during the implementation, and

3. Devise recommendations for improvement of the program.

c. This guidelines shall be reviewed by the Tripartite Industry Peace Council (TIPC) every six months.

VI. Annexes

Specific forms are annexed to this Guidelines.

VII. Budget

The DOLE Central Office is directed to provide DOLE implementing agencies funds which are sourced from the General Appropriations Act (GAA) under the K to 12 DOLE AMP for the duration of the program subject to accounting and auditing rules and regulations.

VIII. Effectivity

This Guidelines shall take effect fifteen (15) days from the date of its publication.

(SGD.) ROSALINDA DIMAPILIS-BALDOZ

Secretary

ATTACHMENT

K to 12 DOLE AMP Application Form

 

 

Higher Education Institution K to 12 Termination Report

 

 

K to 12 DOLE AMP Client Progress Report