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SPECIAL TYPES OF

WORKERS
apprentice, learner & handicapped
workers

Define Apprenticeship

means practical training on the job


supplemented by related theoretical
instruction. (Art. 58, LC)

training within employment involving a


contract between an apprentice and an
enterprise on an apprenticeable occupation
(DEPARTMENT ORDER NO. 68-04 )

Who is an Apprentice?

He is a worker who is covered by a written


apprenticeship agreement with an individual
(Art. 58, LC)

a person undergoing training for an approved


apprenticeable occupation during an
established period and covered by an
apprenticeship agreement. (DEPARTMENT
ORDER NO. 68-04 )

What is apprenticeable occupation and


Apprenticeship agreement?

An apprenticeable occupation means any trade, form of


employment or occupation which requires more than three (3)
months of practical training on the job supplemented by related
theoretical instruction.(Art. 58, LC)
an occupation officially approved for apprenticeship by TESDA.
(DEPARTMENT ORDER NO. 68-04 )
Apprenticeship agreement is an employment contract wherein
the employer binds himself to train the apprentice and the
apprentice in turn accepts the terms of training. (Art. 58, LC)
a contract wherein a prospective enterprise binds himself to train
the apprentice who, in turn, accepts the terms of training for a
recognized apprenticeable occupation emphasizing the rights,
duties and responsibilities of each party. (DEPARTMENT
ORDER NO. 68-04 )

What are the qualifications of an


Apprentice?
(a) Be at least fourteen (14) years of age;
(b) Possess vocational aptitude and capacity for
appropriate tests; and
(c) Possess the ability to comprehend and follow
oral and written instructions.
Trade and industry associations may recommend
to the Secretary of Labor appropriate
educational requirements for different
occupations.( Sec. 59, LC)

REQUISITES for EMPLOYMENT OF


APPRENTICES

The employer should be engaged in a business


that is considered highly technical industry
The job which the apprentice will work on
should be an apprenticeable occupation( Art.
60, LC)

Contents of apprenticeship
agreements (Art. 61)

Apprenticeship agreements providing for wage


rates below the legal minimum wage, which in no
case shall start below 75 percent of the applicable
minimum wage, may be entered into only in
accordance with apprenticeship programs duly
approved by the Secretary of Labor and
Employment. The Department shall develop
standard model programs of apprenticeship. The
period of apprenticeship shall not exceed six
months.
Needs DOLEs prior approval

Nitto Enterprises vs. NLRC and R.Capili


Grno. 114337, September 29, 1995
The apprenticeship agreement between petitioner and
private respondent was executed on May 28, 1990 allegedly
employing the latter as an apprentice in the trade of "care
maker/molder but it was filed only on June 7, 1990.
DOLEs approval of the agreement came later.
The court ruled that petitoner did not comply with the
requirements of the law. It is mandated that apprenticeship
agreement entered into by the employer and apprentice
shall be entered only in accordance with the apprenticeship
program duly approved by the Minister of Labor and
Employment. Thus, the apprenticeship agreement has no
force and effect; and Capili is considered to be a regular
employee of the company

Apprenticeship Period
D.O.L.E. CIRCULAR No. 2 Series of 2006

The apprenticeship shall be for a period of


more than three months but not over six
months. However, the employer has the
option to employ the apprentice even before the
completion of the apprenticeship period

ENTITLEMENT OF THE
APPRENTICES
Apprentices shall be entitled to receive a wage
not less than 75 percent of the prevailing
minimum wage and benefits such as
social security and health benefits and
overtime pay. An apprentice can work
overtime provided there are no regular workers
to do the job and the time spent on overtime
work is duly credited to his training hours.
(DEPARTMENT ORDER NO. 68-04 )

Every apprenticeship agreement shall be signed by the


employer or his agent, or by an authorized
representative of any of the recognized organizations,
associations or groups and by the apprentice.
An apprenticeship agreement with a minor shall be
signed in his behalf by his parent or guardian, if the
latter is not available, by an authorized representative
of the Department of Labor, and the same shall be
binding during its lifetime.
Every apprenticeship agreement entered into under this
Title shall be ratified by the appropriate apprenticeship
committees, if any, and a copy thereof shall be
furnished both the employer and the apprentice.

VENUES OF APPRENTICE
PROGRAM (ART. 63)

Sponsoring firms or employers premises;


Training centers of the DOLE; or
Public training institutions or a combination of
both

SPONSORS OF THE PROGRAM


(ART. 64)

Any of the apprenticeship schemes recognized herein


may be undertaken or sponsored by a single employer
or firm or by a group or association thereof or by a civic
organization. Actual training of apprentices may be
undertaken:
(a) In the premises of the sponsoring employer in the
case of individual apprenticeship programs;
(b) In the premises of one or several designated firms in
the case of programs sponsored by a group or
association of employers or by a civic organization; or
(c) In a Department of Labor and Employment training
center or other public training institution

COVERAGE OF THE PROGRAM

1. Any enterprise duly registered with the


appropriate government authorities with ten
(10) or more regular workers is qualified to join
the program. The number of apprentices for
each participating enterprise shall not be more
than 20 percent of its total regular workforce.
2. Any unemployed person 15 years old and
above may apply for apprenticeship with any
participating enterprise. (DEPARTMENT
ORDER NO. 68-04 )

PROCEDURES in CASE of
VIOLATION( Art65-66)

Investigation- upon complaint of any interested


person or upon its own initiative, the appropriate
agency of the Department of Labor and Employment
or its authorized representative shall investigate any
violation of an apprenticeship agreement pursuant to
such rules and regulations as may be prescribed by
the Secretary of Labor and Employment.
Appeal- the Secretary of Labor and Employment has
appellate jurisdiction over decisions for violation of
such apprenticeship contract
Doctrine of exhaustion of administrative remedies

APTITUDE TESTING OF
APPLICANTS

Employers or entities with duly recognized


apprenticeship programs shall have primary
responsibility for providing appropriate
aptitude tests in the selection of apprentices. If
they do not have adequate facilities for the
purpose, the Department of Labor and
Employment shall perform the service free of
charge( Art. 68)

ORGANIZATION OF APPRENTICESHIP PROGRAM


( ART. 70)

GR: Apprenticeship is a voluntary undertaking


EXCEPTIONS:
When there is a critical shortage of a trained manpower in
certain trades, occupations, jobs or employment levels
where national security or particular requirements of
economic development so demand, the Secretary of Labor
and Employment may recommend to the President of the
Philippines the compulsory training of apprentices ; and
Where services of foreign technicians are utilized by
private companies in apprenticeable trades, said
companies are required to set up appropriate
apprenticeship programs.

INCENTIVES TO PARTICIPATING
ENTERPRISES (DEPARTMENT ORDER NO. 68-04)

1. Payment of 75% of the prevailing minimum wage to


apprentices;
2. an additional deduction from taxable income of of
the value of labor training expenses incurred for
developing the productivity and efficiency of apprentices
shall be granted to the person or enterprise organizing
an apprenticeship program: Provided, however, that
such deduction shall not exceed 10% of direct labor
wage; and that the person or enterprise who wishes to
avail himself or itself of this incentive should pay his
apprentices the minimum wage. (As provided for under
Book II, Title II, Chapter I, Article 71 of the Labor Code)

APPRENTICES without
COMPENSATION

If training on the job is required

Who is a learner?

a person hired as a trainee in semi-skilled and


other industrial occupations which are nonapprenticeable and which may be learned
through practical training on the job in a
relatively short period of time which shall not
exceed three (3) months (Art. 73, LC)

When can learners be hired?


(Art. 74, LC)

Learners may be employed when no


experienced workers are available, the
employment of learners is necessary to prevent
curtailment of employment opportunities, and
the employment does not create unfair
competition in terms of labor costs or impair or
lower working standards.

What are the contents of Learners


Agreement?( Art 75, LC)

(a) The names and addresses of the learners;


(b) The duration of the learnership period, which shall not exceed
three (3) months;
(c) The wages or salary rates of the learners which shall begin at
not less than seventy-five percent (75%) of the applicable
minimum wage; and (d) A commitment to employ the learners if
they so desire, as regular employees upon completion of the
learnership. All learners who have been allowed or suffered to
work during the first two (2) months shall be deemed regular
employees if training is terminated by the employer before the
end of the stipulated period through no fault of the learners.
The learnership agreement shall be subject to inspection by the
Secretary of Labor and Employment or his duly authorized
representative.

Learners employed in piece or incentive-rate


jobs during the training period shall be paid in
full for the work done. ( Art 76, LC)

HANDICAPPED WORKERS

are those whose earning capacity is impaired by age


or physical or mental deficiency or injury. (Art. 78)
They may be employed when their employment is
necessary to prevent curtailment of employment
opportunities and when it does not create unfair
competition in labor costs or impair or lower
working standards.( Art. 79, LC)
They may be hired as apprentices or learners if their
handicap is not such as to effectively impede the
performance of job operations in the particular
occupations for which they are hired. (Art. 81)

Bernardo vs NLRC G.R. No. 122917.


July 12, 1999
The court ruled that even handicapped persons,
employed by a bank to accommodate the
request of the social welfare secretary may
become regular employees.

What are the contents of Employment


Agreement?(Art. 80, LC)

a. The names and addresses of the handicapped


workers to be employed;
b. The rate to be paid the handicapped workers
which shall not be less than seventy five (75%)
percent of the applicable legal minimum wage;
c. The duration of employment period; and
d. The work to be performed by handicapped
workers.
subject to inspection by the Secretary of Labor
or his duly authorized representative.

QUALIFICATIONS

NATURE

QUALIFIED EMPLOYERS

APPRENTICE

LEARNERS

HANDICAPPED
WORKERS
1. Must be fifteen (15)
1. May be employed when 1. May be employed when
years old or above.
no experienced workers are their
employment
is
2. Be physically fit for the available.
necessary
to
prevent
occupation in which he
curtailment of employment
desires to be trained. 3.
2. When the employment of
Possess vocational aptitude learners is necessary to opportunities.
and capacity for appropriate
prevent
curtailment
of 2. When it does not create
tests.
employment opportunities. unfair competition in labor
4. With the ability to
costs or impair or lower
comprehend and follow oral
3. When the employment of
working standards.
and written instructions
learners does not create
unfair competition in terms
of labor costs or impair or
lower working standards.

trains highly-skilled job.

trains in semi-skilled job or


in industrial occupations
that requires training

Employers in the highly


technical
industries
and
only
in
apprenticeable
occupation approved by the
minister
of
Labor
and
Employment.

Contractual type of
employment

APPROVAL OF DOLE

INCENTIVES
EMPLOYER

APPRENTICE

LEARNERS

It needs prior approval of


DOLE through the TESDA.
Absence of the approval
considers the hired
apprentice as an employee

Do not need prior approval


by DOLE but subject to
DOLEs inspection

OF 1. 75 % payment of the
minimum
wage
to
apprentices.
2. deduction from taxable
income of of the value of
labor training expenses.
3.Technical
and
other
assistance from DOLE and
other government agencies.
4. Employers are assured of
regular employees after six
(6)
months
of
apprenticeship.

HANDICAPPED WORKERS

1. Entitled to an additional
deduction from their gross
income of 25% of the total
amount paid to disabled. 2.
Deduction
from
their
taxable income of 50% of
the direct costs of the
improvements
or
modifications.

DURATION
WAGE RATES

HOURS
WORK/OVERTIME

ENFORCEMENT
AGREEMENT

APPRENTICE

LEARNERS

more than three months not


over than six (6) months

less than three (3) months

Gen. Rule- employer must


pay at least 75% of the
minimum
wage.
Exceptions: 1. Training on
the job is required by the
school or training program
curriculum; or
2. It is a
requisite for graduation or
board examination.
OF Hours of work shall not
exceed
the
minimum
number of hours of work
prescribed by law. Can work
overtime provided there are
no regular workers to do the
job, is paid overtime pay
accordingly and the time
spent on overtime work is
duly credited to his training
hours.
OF No person shall institute any
action for the enforcement
of
any
apprenticeship
agreement or for damages
for breach thereof, unless he
has exhausted all available
administrative
remedies.
The plant apprenticeship
committee shall have initial

HANDICAPPED WORKERS

No fixed duration as to
hiring so that the employer
may fix the duration
Must be paid not less than Payment shall not be less
75% of the minimum wage if than 75% of the minimum
wage.
the agreement is silent on
the wage rate or if employed
in
piece-rate
jobs
or
incentive-rate jobs during
the training period, must be
paid in full for the work
done.

REPUBLIC ACT NO. 7796

Commonly known as:


Technical Education Skills
Development ACT of 1994

Declaration of Policy
(Sec. 2)

provide relevant, accessible, high quality and


efficient technical education and skills development
in support of the development of high quality
Filipino middle-level manpower responsive to and
in accordance with Philippine development goals
and priorities
encourage active participation of various concerned
sectors, particularly private enterprises, being direct
participants in and immediate beneficiaries of a
trained and skilled workforce, in providing technical
education and skills development opportunities

What is skills development and


Technical Education?

Skills Development shall mean the process through which


learners and workers are systematically provided with
learning opportunities to acquire or upgrade, or both, their
ability, knowledge and behavior pattern required as
qualifications for a job or range of jobs in a given occupational
area;
Technical Education shall refer to the education process
designed at post-secondary and lower tertiary levels, officially
recognized as non-degree programs aimed at preparing
technicians, paraprofessionals and other categories of middlelevel workers by providing them with a broad range of general
education, theoretical, scientific and technological studies,
and related job skills training( Sec. 4b-c)

What is Apprentice, Apprentice Agreement


and Apprenticeable Occupation?

Apprenticeship training within employment with


compulsory related theoretical instruction involving a
contract between an apprentice and an employer on an
approved apprenticeable occupation
Apprenticeship Agreement is a contract wherein a
prospective employer binds himself to train the
apprentice who in turn accepts the terms of training for
a recognized apprenticeable occupation emphasizing
the rights, duties and responsibilities of each party;
Apprenticeable Occupation is an occupation officially
endorsed by a tripartite body and approved for
apprenticeable by the Authority (Sec. 4g, l, m)

Who is an apprentice? How about


the learners?

Apprentice is a person undergoing training for


an approved apprenticeable occupation during
an apprenticeship agreement;( Sec. 4 k)
Learners refer to persons hired as trainees in
semi-skilled and other industrial occupations
which are non-apprenticeable.( Sec. 4 n)

COMPOSITION OF THE
AUTHORITY AND BOARD

TESDA Board and TESDA Secretariat( Sec. 6)


TESDA BOARD:
Secretary of Labor and Employment - Chairperson
Secretary of Education, culture and Sports-Co-Chairperson
Secretary of Trade and Industry -Co-Chairperson
Secretary of Interior and Local Government -Member
Director General of the TESDA Secretariat Member
Private Sectors: 2 representatives from the employer/industry

organization, one is a woman; 3 representatives from labor


sector, one is a woman and two representatives of the national
associations of private technical-vocational education and
training institutions, one of whom shall be a woman( Sec. 7)

Powers and Functions of the Board


primarily be responsible for formulating, continuing, coordinated and
fully integrated technical education and skills development policies,
plans and programs
Board, shall have the following powers:
1. promulgate, after due consultation with industry groups, trade
associations, employers, workers, policies, plans, programs and
guidelines as may be necessary for the effective implementation of this
Act;
2. organize and constitute various standing committees, subsidiary
groups, or technical working groups for efficient integration,
coordination and monitoring technical education and skills
development programs at the national, regional, and local levels;
3. enter into, make, execute, perform and carry-out domestic and foreign
contracts subject to existing laws, rules and regulations among others
(Sec.8)

Authority shall:

establish Technical Education and Skills Development


Committees at the regional and local levels to coordinate and
monitor the delivery of all skills development activities by the
public and private sectors (Sec. 19)

strengthen the network of national, regional and local skills


training centers for the purpose of promoting skills
development( Sec. 20)

formulate a comprehensive development plan for middle-level


manpower based on a national employment plan or policies for the
optimum allocation, development and utilization of skilled
workers for employment entrepreneurship and technology
development for economic and social growth (Sec. 21)

Authority shall:

assist any employer or organization engaged in skills training


schemes designed to attain its objectives under rules and regulations
which the Authority shall establish for this purpose (Sec. 24)

develop and administer appropriate incentive schemes to encourage


government and private industries and institutions to provide highquality technical education and skills development opportunities.
( Sec. 27)

design and implement an effective and efficient delivery system for


quality technical education and skills development opportunities
particularly in disadvantaged sectors, with new tools of wealth
creation and with the capability to take on higher value-added gainful
activities and to share equitably in productivity gains ( Sec. 28)

Republic Act No. 7277

Magna Carta for Disabled Persons grants


the rights and privileges for disabled persons
guided with five principles:
Disabled persons are part of the Philippine society
Disabled persons have the same rights as other
people to take their proper place in society
The rehabilitation of the disabled persons shall be
the concern of the Government in order to foster
their capability to attain a more meaningful,
productive and satisfying life.

The State also recognizes the role of the private


sector in promoting the welfare of disabled
persons and shall encourage partnership in
programs that address their needs and
concerns.
To facilitate integration of disabled persons
into the mainstream of society, the State shall
advocate for and encourage respect for disabled
persons( Sec. 2)

Who are Disabled Persons?

They are those suffering from restriction of


different abilities, as a result of a mental,
physical or sensory impairment, to perform an
activity in the manner or within the range
considered normal for a human being ( Sec. 4a)

What is disability and handicap?

Disability shall mean (1) a physical or mental


impairment that substantially limits one or more
psychological, physiological or anatomical
function of an individual or activities of such
individual; (2) a record of such an impairment; or
(3) being regarded as having such an impairment;
Handicap refers to a disadvantage for a given
individual resulting from an impairment or a
disability, that limits or prevents the functions or
activity, that is considered normal given the age
and sex of the individual( Sec. 4c-d)

Who is a qualified individual with


disability?

He is an individual with a disability who, with or


without reasonable accommodations, can
perform the essential functions of the
employment position that such individual holds
or desires. However, consideration shall be given
to the employers judgement as to what functions
of a job are essential, and if an employer has
prepared a written description before advertising
or interviewing applicants for the job, this
description shall be considered evidence of the
essential functions of the job( Sec. 4l)

RIGHTS and PRIVILEGES of


DISABLED PERSONS

a.
b.
c.
d.
e.

EMPLOYMENT
Equal Opportunity for Employment( Sec. 5)
Sheltered Employment( Sec.6)
Apprenticeship (Sec. 7)
Vocational Rehabilitation ( Sec. 9)
Vocational Guidance and Counseling ( Sec. 10)

INCENTIVES FOR EMPLOYER


(Sec. 8)

adequate incentives shall be provided to private entities which employ disabled


persons.
(b). Private entities that employ disabled persons who meet the required skills or
qualifications, either as regular employee, apprentice or learner, shall be entitled
to an additional deduction, from their gross income, equivalent to twenty-five
percent (25%) of the total amount paid as salaries and wages to disabled persons:
Provided that 1. such entities present proof as certified by the Department of
Labor and Employment that disabled person are under their employ an said
disabled employee is accredited with the DOLE and the DOH as to his disability,
skills and qualifications.
(c). Private entities that improved or modify their physical facilities in order to
provide reasonable accommodation for disabled persons shall also be entitled to
an additional deduction from their net taxable income, equivalent to fifty percent
(50%) of the direct costs of the improvements or modifications. This section,
however, does not apply to improvements or modifications of facilities required
under Batas Pambansa Bilang 344.

PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS

No entity, whether public or private, shall


discriminate against a qualified disabled person
by reason of disability in regard to job
application procedures, the hiring, promotion,
or discharge of employees, employee
compensation, job training, and other terms,
conditions, and privileges of employment.
( Sec. 32)

What are discriminating acts?

(a). Limiting, segregating or classifying a disabled job


applicant in such a manner that adversely affects his work
opportunities;
(b). Using qualification standards, employment tests or
other selection criteria that screen out or tend to screen out
a disabled person unless such standards, tests or other
selection criteria are shown to be job related for the position
on question and are consistent with business necessity;
(c). Utilizing standards, criteria, or methods of
administration that:
1). have the effect of discrimination on the basis of
disability; or 2). perpetuate the discrimination of others who
are subject to common administrative control;

(d). Providing less compensation, such as salary, wage or other forms of


remuneration and fringe benefits, to a qualified disabled employee, by reason of
his disability, than the amount to which a nondisabled person performing the
same work is entitled;
(e). Favoring a non-disabled employee over a qualified disabled employee with
respect to promotion, training opportunities, study and scholarship grants,
solely on account of the latters disability;
(f). Re-assigning or transferring a disabled employee to a job or position he
cannot perform by reason of his disability;
(g). Dismissing or terminating the services of a disabled employee by reason of
his disability unless the employer can prove that he impairs the satisfactory
performance of the work involve to the prejudice of the business entities;
Provided, however, That the employer first sought provide reasonable
accommodations for disabled persons;
(h). Failing to select or administer in the effective manner employment tests
which accurately reflect the skills, aptitude or other factor of the disabled
applicant or employee that such test purports to measure, rather than the
impaired sensory, manual or speaking skills of such applicant or employee, if
any; and
(i). Excluding disabled persons from membership in labor unions or similar
organization.

Can a disabled applicant be subjected


to medical examination?

Yes on the following occasions:


(a). all entering employees are subjected to such an examination
regardless of disability;
(b). information obtained during the medical condition or history of
the applicant is collected and maintained on separate forms and in
separate medical files and is treated as a confidential medical
record, Provided, however, That: 1). supervisors and managers may
be informed regarding necessary restrictions on the work or duties
of the employees and necessary accommodations; 2). first aid and
safety personnel my be informed, when appropriate, if the disability
might require emergency treatment; 3). government officials
investigating compliance with this Act shall be provided relevant
information on request; and 4). the results of such examination are
used only accordance with this Act( Sec.33, Title 3, RA 7277)

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