BOOK TWO
HUMAN RESOURCES DEVELOPMENT PROGRAM
Title I
NATIONAL MANPOWER DEVELOPMENT PROGRAM
Chapter I
NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLEMENTATION
Article 43. Statement of
objective. It is the objective of this Title to develop human
resources, establish training institutions, and formulate such plans and
programs as will ensure efficient allocation, development and utilization of
the nation’s manpower and thereby promote employment and accelerate economic
and social growth.
Article 44. Definitions. As
used in this Title:
"Manpower" shall mean that
portion of the nation’s population which has actual or potential capability to
contribute directly to the production of goods and services.
"Entrepreneurship" shall mean
training for self-employment or assisting individual or small industries within
the purview of this Title.
Article 45. National
Manpower and Youth Council; Composition. To carry out the objectives
of this Title, the National Manpower and Youth Council, which is attached to
the Department of Labor for policy and program coordination and hereinafter
referred to as the Council, shall be composed of the Secretary of Labor as
ex-officio chairman, the Secretary of Education and Culture as ex-officio
vice-chairman, and as ex-officio members, the Secretary of Economic Planning,
the Secretary of Natural Resources, the Chairman of the Civil Service
Commission, the Secretary of Social Welfare, the Secretary of Local Government,
the Secretary of Science and Technology, the Secretary of Trade and Industry
and the Director-General of the Council. The Director General shall have no
vote.
In addition, the President shall appoint
the following members from the private sector: two (2) representatives of
national organizations of employers; two (2) representatives of national
workers’ organizations; and one representative of national family and youth
organizations, each for a term of three (3) years.
Article 46. National
Manpower Plan. The Council shall formulate a long-term national
manpower plan for the optimum allocation, development and utilization of
manpower for employment, entrepreneurship and economic and social growth. This
manpower plan shall, after adoption by the Council, be updated annually and
submitted to the President for his approval. Thereafter, it shall be the
controlling plan for the development of manpower resources for the entire
country in accordance with the national development plan. The Council shall
call upon any agency of the Government or the private sector to assist in this
effort.
Article 47. National
Manpower Skills Center. The Council shall establish a National
Manpower Skills Center and regional and local training centers for the purpose
of promoting the development of skills. The centers shall be administered and
operated under such rules and regulations as may be established by the Council.
Article 48. Establishment
and formulation of skills standards. There shall be national skills
standards for industry trades to be established by the Council in consultation
with employers’ and workers’ organizations and appropriate government
authorities. The Council shall thereafter administer the national skills
standards.
Article 49. Administration
of training programs. The Council shall provide, through the
Secretariat, instructor training, entrepreneurship development, training in vocations,
trades and other fields of employment, and assist any employer or organization
in training schemes designed to attain its objectives under rules and
regulations which the Council shall establish for this purpose.
The Council shall exercise, through the
Secretariat, authority and jurisdiction over, and administer, on-going
technical assistance programs and/or grants-in-aid for manpower and youth
development including those which may be entered into between the Government of
the Philippines and international and foreign organizations and nations, as
well as persons and organizations in the Philippines.
In order to integrate the national
manpower development efforts, all manpower training schemes as provided for in
this Code shall be coordinated with the Council, particularly those having to
do with the setting of skills standards. For this purpose, existing manpower
training programs in the government and in the private sector shall be reported
to the Council which may regulate such programs to make them conform with
national development programs.
This Article shall not include
apprentices, learners and handicapped workers as governed by appropriate
provisions of this Code.
Article 50. Industry
boards. The Council shall establish industry boards to assist in the
establishment of manpower development schemes, trades and skills standards and
such other functions as will provide direct participation of employers and
workers in the fulfillment of the Council’s objectives, in accordance with
guidelines to be established by the Council and in consultation with the
National Economic and Development Authority.
The maintenance and operations of the
industry boards shall be financed through a funding scheme under such rates of
fees and manners of collection and disbursements as may be determined by the
Council.
Article 51. Employment
service training functions. The Council shall utilize the employment
service of the Department of Labor for the placement of its graduates. The
Bureau of Employment Services shall render assistance to the Council in the
measurement of unemployment and underemployment, conduct of local manpower
resource surveys and occupational studies including an inventory of the labor
force, establishment and maintenance without charge of a national register of
technicians who have successfully completed a training program under this Act,
and skilled manpower including its publication, maintenance of an adequate and
up-to-date system of employment information.
Article 52. Incentive
Scheme. An additional deduction from taxable income of one-half (1/2)
of the value of labor training expenses incurred for development programs shall
be granted to the person or enterprise concerned provided that such development
programs, other than apprenticeship, are approved by the Council and the
deduction does not exceed ten percent (10%) of the direct labor wage.
There shall be a review of the said
scheme two years after its implementation.
Article 53. Council
Secretariat. The Council shall have a Secretariat headed by a
Director-General who shall be assisted by a Deputy Director-General, both of
whom shall be career administrators appointed by the President of the
Philippines on recommendation of the Secretary of Labor. The Secretariat shall
be under the administrative supervision of the Secretary of Labor and shall
have an Office of Manpower Planning and Development, an Office of Vocational
Preparation, a National Manpower Skills Center, regional manpower development
offices and such other offices as may be necessary.
The Director-General shall have the rank
and emoluments of an undersecretary and shall serve for a term of ten (10)
years. The Executive-Directors of the Office of Manpower Planning and
Development, the Office of Vocational Preparation and the National Manpower
Skills Center shall have the rank and emoluments of a bureau director and shall
be subject to Civil Service Law, rules and regulations. The Director-General,
Deputy Director-General and Executive Directors shall be natural-born citizens,
between thirty and fifty years of age at the time of appointment, with a
master’s degree or its equivalent, and experience in national planning and
development of human resources. The Executive Director of the National Manpower
Skills Center shall, in addition to the foregoing qualifications, have
undergone training in center management. Executive Directors shall be appointed
by the President on the recommendations of the Secretary of Labor and
Employment.
The Director-General shall appoint such
personnel necessary to carry out the objectives, policies and functions of the
Council subject to Civil Service rules. The regular professional and technical
personnel shall be exempt from WAPCO rules and regulations.
The Secretariat shall have the following
functions and responsibilities:
To prepare and recommend the manpower
plan for approval by the Council;
To recommend allocation of resources for
the implementation of the manpower plan as approved by the Council;
To carry out the manpower plan as the
implementing arm of the Council;
To effect the efficient performance of
the functions of the Council and the achievement of the objectives of this
Title;
To determine specific allocation of
resources for the projects to be undertaken pursuant to approved manpower
plans;
To submit to the Council periodic reports
on progress and accomplishment of work programs;
To prepare for approval by the Council an
annual report to the President on plans, programs and projects on manpower and
out-of-school youth development;
To enter into agreements to implement
approved plans and programs and perform any and all such acts as will fulfill
the objectives of this Code as well as ensure the efficient performance of the
functions of the Council; and
To perform such other functions as may be
authorized by the Council.
Article 54. Regional
manpower development offices. The Council shall create regional
manpower development offices which shall determine the manpower needs of the
industry, agriculture and other sectors of the economy within their respective
jurisdictions; provide the Council’s central planners with the data for
updating the national manpower plan; recommend programs for the regional level
agencies engaged in manpower and youth development within the policies
formulated by the Council; and administer and supervise Secretariat training
programs within the region and perform such other functions as may be
authorized by the Council.
Article 55. Consultants
and technical assistance, publication and research. In pursuing its
objectives, the Council is authorized to set aside a portion of its
appropriation for the hiring of the services of qualified consultants, and/or
private organizations for research work and publication. It shall avail itself
of the services of the Government as may be required.
Article 56. Rules and
regulations. The Council shall define its broad functions and issue
appropriate rules and regulations necessary to implement the provision of this
Code.
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