Title II
TRAINING AND EMPLOYMENT OF SPECIAL WORKERS
Chapter I
APPRENTICES
Article 57. Statement of
objectives. This Title aims:
To help meet the demand of the economy
for trained manpower;
To establish a national apprenticeship
program through the participation of employers, workers and government and
non-government agencies; and
To establish apprenticeship standards for
the protection of apprentices.
Article 58. Definition of
Terms. As used in this Title:
"Apprenticeship" means practical
training on the job supplemented by related theoretical instruction.
An "apprentice" is a worker who
is covered by a written apprenticeship agreement with an individual employer or
any of the entities recognized under this Chapter.
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.
"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.
Article 59. Qualifications
of apprentice. To qualify as an apprentice, a person shall:
Be at least fourteen (14) years of age;
Possess vocational aptitude and capacity
for appropriate tests; and
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.
Article 60. Employment of
apprentices. Only employers in the highly technical industries may
employ apprentices and only in apprenticeable occupations approved by the
Secretary of Labor and Employment. (As amended by Section 1, Executive Order
No. 111, December 24, 1986)
Article 61. Contents of
apprenticeship agreements. Apprenticeship agreements, including the
wage rates of apprentices, shall conform to the rules issued by the Secretary
of Labor and Employment. The period of apprenticeship shall not exceed six months.
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. (As amended by Section 1, Executive
Order No. 111, December 24, 1986)
Article 62. Signing of
apprenticeship agreement. 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.
Article 63. Venue of
apprenticeship programs. Any firm, employer, group or association,
industry organization or civic group wishing to organize an apprenticeship
program may choose from any of the following apprenticeship schemes as the
training venue for apprentice:
Apprenticeship conducted entirely by and
within the sponsoring firm, establishment or entity;
Apprenticeship entirely within a
Department of Labor and Employment training center or other public training
institution; or
Initial training in trade fundamentals in
a training center or other institution with subsequent actual work
participation within the sponsoring firm or entity during the final stage of
training.
Article 64. Sponsoring of
apprenticeship program. 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:
In the premises of the sponsoring
employer in the case of individual apprenticeship programs;
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
In a Department of Labor and Employment
training center or other public training institution.
Article 65. Investigation
of violation of apprenticeship agreement. 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.
Article 66. Appeal to the
Secretary of Labor and Employment. The decision of the authorized
agency of the Department of Labor and Employment may be appealed by any
aggrieved person to the Secretary of Labor and Employment within five (5) days
from receipt of the decision. The decision of the Secretary of Labor and Employment
shall be final and executory.
Article 67. Exhaustion of
administrative remedies. No person shall institute any action for the
enforcement of any apprenticeship agreement or damages for breach of any such
agreement, unless he has exhausted all available administrative remedies.
Article 68. Aptitude
testing of applicants. Consonant with the minimum qualifications of
apprentice-applicants required under this Chapter, 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.
Article 69. Responsibility
for theoretical instruction. Supplementary theoretical instruction to
apprentices in cases where the program is undertaken in the plant may be done
by the employer. If the latter is not prepared to assume the responsibility,
the same may be delegated to an appropriate government agency.
Article 70. Voluntary
organization of apprenticeship programs; exemptions.
The organization of apprenticeship
program shall be primarily a voluntary undertaking by employers;
When national security or particular
requirements of economic development so demand, the President of the
Philippines may require compulsory training of apprentices in certain trades,
occupations, jobs or employment levels where shortage of trained manpower is
deemed critical as determined by the Secretary of Labor and Employment.
Appropriate rules in this connection shall be promulgated by the Secretary of
Labor and Employment as the need arises; and
Where services of foreign technicians are
utilized by private companies in apprenticeable trades, said companies are
required to set up appropriate apprenticeship programs.
Article 71. Deductibility
of training costs. An additional deduction from taxable income of
one-half (1/2) 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, That such program
is duly recognized by the Department of Labor and Employment: Provided,
further, That such deduction shall not exceed ten (10%) percent of direct labor
wage: and Provided, finally, That the person or enterprise who wishes to avail
himself or itself of this incentive should pay his apprentices the minimum
wage.
Article 72. Apprentices
without compensation. The Secretary of Labor and Employment may
authorize the hiring of apprentices without compensation whose training on the
job is required by the school or training program curriculum or as requisite
for graduation or board examination.
Chapter II
LEARNERS
Article 73. Learners
defined. Learners are persons hired as trainees in semi-skilled and
other industrial occupations which are non-apprenticeable 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.
Article 74. When learners
may be hired. 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.
Article 75. Learnership
agreement. Any employer desiring to employ learners shall enter into a
learnership agreement with them, which agreement shall include:
The names and addresses of the learners;
The duration of the learnership period,
which shall not exceed three (3) months;
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
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.
Article 76. Learners in
piecework. Learners employed in piece or incentive-rate jobs during
the training period shall be paid in full for the work done.
Article 77. Penalty
clause. Any violation of this Chapter or its implementing rules and
regulations shall be subject to the general penalty clause provided for in this
Code.
Chapter III
HANDICAPPED WORKERS
Article 78. Definition. Handicapped
workers are those whose earning capacity is impaired by age or physical or
mental deficiency or injury.
Article 79. When
employable. Handicapped workers 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.
Article 80. Employment
agreement. Any employer who employs handicapped workers shall enter
into an employment agreement with them, which agreement shall include:
The names and addresses of the
handicapped workers to be employed;
The rate to be paid the handicapped
workers which shall not be less than seventy five (75%) percent of the
applicable legal minimum wage;
The duration of employment period; and
The work to be performed by handicapped
workers.
The employment agreement shall be subject
to inspection by the Secretary of Labor or his duly authorized representative.
Article 81. Eligibility
for apprenticeship. Subject to the appropriate provisions of this
Code, handicapped workers 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.
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