1. n The management is required by law
to provide “audited financial
statements, including the balance
sheet and the profit and loss
statement.” Article 242 of the Labor
Code of the Philippines, as amended
by Sec. 17, R.A. 6715.
n Refusal to give is negotiating in bad
faith, an unfair labor practice (ULP).
n But Union should make a written
request.
Audited Financial Statement
2. Union can verify the utilization of TFIP
RA 6728 Section 5. Tuition Fee Supplement for Students in Private High
School.
• (2) …. (c) may be increased, on the condition that seventy percent (70%)
of the amount subsidized allotted for tuition fee or of the tuition fee
increases shall go to the payment of salaries, wages, allowances and
other benefits of teaching and non-teaching personnel except
administrators …….xxxxxx.
• xxxx For this purpose, school shall maintain a separate record of
accounts for all assistance received from the government, any tuition
fee increase, and the detailed disposition and use thereof, which record
shall be made available for periodic inspection as may be determined by
the State Assistance Council, during business hours, by the faculty, the
non-teaching personnel, students of the school concerned, the
Department of Education, Culture and Sports and other concerned
government agencies.
3. 12.2 A Joint Accounting Transparency Committee shall be created to
validate data related to educational revenues and expenses.
12.2.1 The University shall furnish the Union a copy of the accounting
report on an annual basis, and of a detailed schedule/statement of all
economic benefits/payments due the academic personnel.
12.2.2 The University shall provide the Union representative access to all
supporting documents to the said schedules/statements. Furthermore, the
University shall provide the Union copies of the following
reports/documents:
Breakdown of the “tuition fees” and “other fees” account;
Accounting of the tuition fee increment:
The number of students per year level, including the number of unit
enrolled, in each College/Unit on per semester basis and including
summer;
Annual audited financial statements; and
Summary of teaching load
12.2.3 Deadline for submission of financial statement shall be after the
midterm.
E.g. SUFA CBA provision
4. # Data privacy
• Management using Republic Act 10173, the Data Privacy Act to prevent Union
from accessing the record.
• But in Sec 16 of RA 10173 says
• Sec. 16. Rights of the Data Subject. – The data subject is entitled to:
(a) Xxx.
(b) Xxx.
Any information supplied or declaration made to the data subject on these
matters shall not be amended without prior notification of data subject;
Provided, That the notification under subsection (b) shall not apply should the
personal information be needed pursuant to xxx or when the collection and
processing are for obvious purposes, including when it is necessary for the
performance of or in relation to a contract or service or when necessary or
desirable in the context of an employer-employee relationship, between the
collector and the data subject, or when the information is being collected and
processed as a result of legal obligation.” (Underscoring supplied
Very clear, the Data Privacy Act shall not apply when necessary or desirable in
the context of an employer-employee relationship between the collector and
the data subject or, as emphasized earlier, when the information is being
collected and processed as a result of legal obligation.
