TITLE II TRAINING AND EMPLOYMENT OF SPECIAL WORKERS

Chapter 1 Apprentices

1) To help meet the demand of the economy for trained manpower;

2) To establish a national apprenticeship program through the participation of
employers, workers and government and non-government agencies; and
3) To establish apprenticeship standards for the protection of apprentices.

Apprenticeship practical training on the job supplemented by related theoretical

instruction.

Apprentice worker who is covered by a written apprenticeship agreement with an

individual employer or any of the entities recognized under the law.

Apprenticeable occupation any trade, form of employment or occupation which

requires more than three (3) months of practical training on the job with
compulsory related theoretical instructions

On-the-job training practical work experience through actual participation in

productive activities given to or acquired by an apprentice.

Significance
It fills the demand of employers for workers in certain trades or occupations
which require special skills.

Article 59. Qualifications of Apprentice

1) Be at least fourteen (14) years of age;
2) Be physically fit for the occupation in which he desires to be trained;
3) Possess vocational aptitude and capacity for the particular occupation as
established through appropriate tests; and
4) Posses the ability to comprehend and follow oral and written instructions.

Article 60. Employment of Apprentices

Highly technical industry a trade, business, enterprise, industry or other activity
which utilizes the application of advanced technology.

Article 61. Contents of Apprenticeship Agreements

Apprenticeship contract/agreement an agreement whereby the employer binds

himself to train the apprentice and the apprentice in turn accepts the terms of the
training for a recognized apprenticeable occupation emphasizing the rights, duties
and responsibilities of each party.
1) Full name and address of the contracting parties;
2) Date of birth of the apprentice;
3) Name of trade, occupation or job in which the apprentice will be trained and the
dates on which such training will begin and will approximately end;
4) Approximate number of hours of on-the-job training with compulsory theoretical
instructions which the apprentice shall undergo during his training;
5) Schedule of the work processes of the trade/occupation in which the apprentice
shall be trained and the approximate time to be spent on the job in each process;
6) Graduated scale of wages to be paid the apprentice;
7) Probationary period of the apprentice during which either party may summarily
terminate their agreement;

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8) A clause that if the employer is unable to fulfil his training obligation, he may
transfer the agreement, with the consent of the apprentice, to any other employer
who is willing to assume such obligation.

The period of apprenticeship contract shall not exceed six (6) months.

Termination of Contract
Causes for termination (by the employer):
1) Habitual absenteeism in on-the-job training with compulsory theoretical
instructions;
2) Wilful disobedience of company rules or insubordination of lawful order of a
superior;
3) Poor physical condition, permanent disability or prolonged illness which
incapacitates the apprentice from working;
4) Theft or malicious destruction of company property and/or equipment;
5) Poor efficiency of performance on the job or in the classroom for a prolonged
period despite warnings duly given to the apprentice; and
6) Engaging in violence or other forms of gross misconduct inside the employers
premises.

Causes for termination (by the apprentice):

1) Substandard or deleterious working conditions within the employers premises;
2) Repeated violations by the employer of the terms of the apprenticeship
agreement;
3) Cruel or inhuman treatment by the employer or his subordinates;
4) Personal problems which in the opinion of the apprentice shall prevent him from a
satisfactory performance of his job; and
5) Bad health or continuing illness.

Apprentices Compensation
The wage rate of the apprentice shall start at seventy-five percent (75%) of the
statutory minimum wage for the first six (6) months; thereafter, he shall be paid the
full minimum wage, including the full cost-of-living allowance.

Apprenticeship Period as Probationary Period

span of time within which the employer is able to determine the employees fitness,
characteristics, and habits to a given job.

After the training period, they shall no more undergo a probationary period for this
would amount to double probation proscribed under the law.

Article 62.
An apprenticeship agreement entered into by the parties should be ratified by an
appropriate apprenticeship committee.
Duties of apprenticeship committee:
1) Act as liaison between the apprentice and the employer;
2) Mediate and/or settle in the first instance differences between the employer and
the apprentices arising out of an apprenticeship agreement;
3) Maintain a constant follow-up on the technical progress of the program and of the
apprentices in particular;
4) Recommend to the Apprenticeship Division of the Regional Office concerned the
issuance of certificates of completion to apprentices.

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Venues of apprenticeship training programs:
1) Sponsoring firms or employers premises;
2) Training centers of the DOLE; or
3) Public training institutions, or a combination of both.

Article 64. Sponsoring of Apprenticeship Program

Any apprenticeship schemes may be undertaken or sponsored by a single
employer or firm or by a group or association thereof, or by a civic organization.

Article 65. Investigation of Violation of Apprenticeship Agreement

Upon complaint of any interested person or upon its own initiative, the DOLE 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.

Article 66. Appeal to the Secretary of Labor and Employment

The decision of the authorized agency of the DOLE may be appealed by any
aggrieved person to the Secretary of Labor within five (5) days from receipt of the
decision.

The decision of the Secretary of Labor shall be final and executory.

Article 67. Exhaustion of Administrative Remedies

When an administrative reedy is provided by law, relief must first be sought by
exhausting such remedies before the courts will act.

The plant apprenticeship committee shall have initial responsibility for settling
differences arising out of such apprenticeship contract.

Article 68. Aptitude Testing of Applicants

An employer who has a recognized apprenticeship program shall provide aptitude
tests to apprentices-applicants.

If the employer does not have the adequate facilities, the DOLE may provide the
service free of charge.

Article 69. Responsibility for Theoretical Instruction

Compulsory theoretical instructions to apprentices may be undertaken by the
employer himself if he has adequate facilities and qualified instructors for the
purpose.

Article 70. Voluntary Organization of Apprenticeship Programs; Exemptions

Primarily, an apprenticeship is a voluntary undertaking.

Exemptions:
1) When national security or particular requirements of economic development so
demand; and
2) Where service of foreign technicians are utilized by private companies in
apprenticeable trades.

Article 71. Deductibility of Training Costs

The purpose is to provide an incentive in the form of additional tax deduction to
persons or enterprises undertaking apprenticeship programs.

Article 72. Apprentices without Compensation

Apprenticeship without compensation:

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1) A pre-requisite for graduation; or
2) A requirement for taking a governmental board examination.

Chapter 2 Learners

Article 73. Learners Defined

Learner person hired as a trainee in semi-skilled and other industrial
occupations which are non-appreticeable.

Article 74. When Learners May Be Hired

Learners may be employed when no experienced workers are available.

A minor below fifteen (15) years of age shall not be eligible for employment as a
learner.

Those below eighteen (18) years of age may be employed in non-hazardous

occupations.

Article 75. Learnership Agreement

Learnership agreement employment and training contract entered into
between the employer and the learner.

Contents:
1) The names and addresses of the employer and the learner;
2) The occupation to be learned and the duration for the training period which shall
not exceed three (3) months;
3) The wage of the learner which shall be at least 75% of the applicable minimum
wage; and
4) A commitment to employ the learner if he so desires, as a regular employee upon
completion of training.

A leaner who has worked during the first two months shall be deemed as regular
employee if training is terminated by the employer before the end of the stipulated
period through no fault of the learner.

Article 76. Learners in Piecework

Learners working on piece or incentive-rate jobs are entitled to full pay for work
done during their training period.

Article 77. Penalty Clause

A fine of not less than P1,000.00 or more than P10,000.00 or imprisonment for not
less than three months nor more than three years at the discretion of the court.

Chapter 3 Handicapped Workers

Handicapped workers one whose capacity is impaired by age or physical or

mental deficiency or injury.

Disable worker one whose earning capacity is impaired by mental,

physical or sensory deficiency or injury (RA 7277).

Access to Equal Work Opportunities

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 No disable person shall be denied access to opportunities for suitable
employment.

Employers Incentives for Employing Disabled Persons

Additional deduction from their gross income, equivalent to twenty-five percent
(25%) of the total amount paid as salaries and wages to disabled persons.

Article 80. Employment Agreement

1) The names and addresses of the employer and the handicapped worker;
2) The rate of pay of the handicapped worker which shall not be less than 75% of the
legal minimum wage;
3) The nature of the work to be performed by the handicapped worker; and
4) The duration of employment.

Article 81. Eligibility for Apprenticeship

Handicapped workers are eligible for employment as apprentices or learners if
their handicap is such that it does not impede the performance of job operations in
the particular trade or occupation which is the subject of the apprenticeship or
learnership program.