SPECIAL TYPES OF WORKERS

Apprentice
Learner
Handicapped workers
Chapter I

APPRENTICES


Art. 57. Statement of objectives. This Title aims:

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.

Objectives
Art. 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.
Definition of Terms
Art. 58. Definition of Terms. As used in this Title:

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.
Definition of Terms
Art. 59. Qualifications of apprentice. To qualify as
an apprentice, a person shall:

1. Be at least fourteen (14) years of age;
2. Possess vocational aptitude and capacity for
appropriate tests; and
3. Possess the ability to comprehend and follow
oral and written instructions.
4. Trade and industry associations may recommend
to the Secretary of Labor appropriate
educational requirements for different
occupations.
Qualifications
Employment of Apprentices

Art. 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)

Contents of the Agreement
Art. 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)
wage rates of apprentices
period: not exceed 6
months
in cases of wage rates
below the minimum
wage:
no wage rate shall start
below 75% of the
applicable minimum wage
may be entered into only in
if approved by the SOLE.
Signing of the Agreement
Art. 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.

shall be signed by the
employer and the apprentice.

in case of minor: by his parent
or guardian or authorized
representative of the DOLE,
and binding during its lifetime.

every agreement signed shall
be ratified by the appropriate
committees.
Venue
Art. 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:

1. Apprenticeship conducted entirely by
and within the sponsoring firm,
establishment or entity;
2. Apprenticeship entirely within a
Department of Labor and Employment
training center or other public training
institution;
3. 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.

1. within the sponsoring firm,
establishment or entity;

2. within a DOLE training center
or public training institution; or

3. initial trading in a training
center with subsequent actual
work within the sponsoring
firm or entity during the final
stage of training
Actions in case of Violations
Art. 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.

Art. 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.

Appropriate DOLE Agency
upon complaint of any
interested person or upon
its own initiative
Appeal to the SOLE:
within 5 days form receipt
of the decision of the
agency
decision of the SOLE is final
and executory

Aptitude Testing
Art. 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.

the employers or entities
with apprenticeship
programs shall provide
the aptitute tests.

if no adequate facilities,
the DOLE shall perform
the service free of charge
Voluntary Organization; Exemptions
Art. 70. Voluntary organization of
apprenticeship programs; exemptions.

1. The organization of apprenticeship
program shall be primarily a voluntary
undertaking by employers;
2. 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
3. Where services of foreign technicians
are utilized by private companies in
apprenticeable trades, said companies
are required to set up appropriate
apprenticeship programs.
General rule:
apprenticeship program is
voluntary
Exception: compulsory when
national security so demands
particular requirements of
economic development must be
met
where shortage of trained
manpower is deemed critical as
determing by the SOLE
in case of foreign technicians:
company is required to set up
appropriate apprenticeship
programs
Deductibility of Training Costs
Art. 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.

additional deduction from
taxable income of 1/2 the
value of labor training
expenses incurred

deduction shall not exceed
10% of direct labor wage

employer must pay his
apprentices the minimum
wage
Apprentices without Compensation

Art. 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.
when compensation is
not compulsory:

for apprentices whose
training on the job is
required by the school
or training program
curriculum
as requisite for
graduation or board
examination


Chapter II
LEARNERS

Art. 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.




Who are considered
learners?
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
not exceeding 3 months
Provisions of the Labor Code
Chapter II
LEARNERS

Art. 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.



When may learners be
hired?

when no experienced workers
are available

employment of learners is
necessary to prevent
curtailment of employment
opportunities and

employment does not create
unfair competition
Provisions of the Labor Code
Art. 75 - Learnership Agreement
Any employer desiring to employ learners shall enter into a learnership
agreement with them, which agreement shall include:
1. The names and addresses of the learners;
2. The duration of the learnership period, which shall not exceed
three (3) months;
3. 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
4. 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.
5. The learnership agreement shall be subject to inspection by
the Secretary of Labor and Employment or his duly authorized
representative.
Art. 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.

Art. 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
Definition

Who are "handicapped
workers"?

Art. 78. Handicapped workers are those whose
earning capacity is impaired by
age or physical or mental deficiency or injury.
When Employable

Art. 79. 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.


when it is necessary to
prevent curtailment of
employment opportunities

when it does not create
unfair competition
Employment Agreement

Art. 80. Employment agreement. Any employer who employs
handicapped workers shall enter into an employment agreement
with them, which agreement shall include:

1. The names and addresses of the handicapped workers to be
employed;
2. The rate to be paid the handicapped workers which shall not be
less than seventy five (75%) percent of the applicable legal
minimum wage;
3. The duration of employment period; and
4. The work to be performed by handicapped workers.
5. The employment agreement shall be subject to inspection by the
Secretary of Labor or his duly authorized representative.
Art. 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.
Eligibility for Apprenticeship
DO No. 68-04, series of 2004
as amended by DOLE Cir. No. 2

GUIDELINES IN THE IMPLEMENTATION OF THE
KASANAYAN AT HANAPBUHAY PROGRAM
(An Apprenticeship and Employment Program)
What are the objectives of KASH?
It aims to provide new entrants to the labor force with the
opportunity to acquire entry level basic skills and work
experience usually required by industry in accepting fresh
graduates and other young workers.

Under the program, a worker or apprentice may undergo OJT for an
apprenticeable occupation approved by the Technical Education
and Skills Development Authority (TESDA).

An apprenticeship agreement binds a participating employer to train
the apprentice for an established period. Any unemployed person
15 years old and above may apply for apprenticeship with any
participating enterprise.
Who are covered by KASH?
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

Enterprises with 10 or
more regular workers:
the number of
apprentices shall not
be more than 20% of
its total regular
workforce

Any unemployed
person 15 years old
and above
Apprenticeship period
DO No. 68-04,
series of 2004


The apprenticeship period
shall not be less
than four (4)
months but not
more than six (6)
months.

"4 - 6 months"

DOLE Cir. No. 2
.

the apprenticeship period
shall be for a period of
more than three
months but not
over six months.

"3 - 6 months"
Is there a conflict between the 2 orders?
Labor and Employment Secretary Arturo D. Brion

The circular did not categorically reduce the
minimum period of apprenticeship training
from four months to three months.

He said that contrary to the previous
Department Order, DOLE Circular No. 2
expressly specified what have been
provided for by the Labor Code of the
Philippines.
What is the reason for the amendment?

To help more workers gain on-the-job training (OJT) and
subsequently meet the growing demand for workers
equipped with skills required by industry.

To accommodate more workers applying for
apprenticeship and also meeting the entry-level
requirement of establishments participating in the KASH
program.

To facilitate the placement of apprentices in productive
jobs.
Technical Educational and Skills
Development Act of 1994
R.A. 7796


AN ACT PROVIDING FOR THE REHABILITATION,
SELF-DEVELOPMENT AND SELF-RELIANCE OF
DISABLED PERSONS AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY AND
FOR OTHER PURPOSES.
REPUBLIC ACT NO. 7277

Section 1 - Title


This Act shall be known and cited as the
"Magna Carta for Disabled Persons."
Section 2 - Declaration of Policy
The grant of the rights and privileges for disabled persons shall be
guided by the following principles:

a) Disabled persons are part of Philippine society, thus the State
shall give full support to the improvement of the total well-being of
disabled persons and their integration into the mainstream of society.

b) Disabled persons have the same rights as other people to take
their proper place in society. They should be able to live freely and
as independently as possible. This must be the concern of everyone
the family, community and all government and nongovernment
organizations. Disabled persons' rights must never be perceived as
welfare services by the Government.
Section 2 - Declaration of Policy
(c) The rehabilitation of the disabled persons shall be the
concern of the Government in order to foster their capacity to attain
a more meaningful, productive and satisfying life. To reach out to a
greater number of disabled persons, the rehabilitation services and
benefits shall be expanded beyond the traditional urban-based
centers to community based programs, that will ensure full
participation of different sectors as supported by national and local
government agencies.

(d) 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.

(e) To facilitate integration of disabled persons into the
mainstream of society, the State shall advocate for and encourage
respect for disabled persons. The State shall exert all efforts to
remove all social, cultural, economic, environmental and attitudinal
barriers that are prejudicial to disabled persons.
Section 3 - Coverage


This Act shall cover all disabled persons and, to
the extent herein provided, departments, offices
and agencies of the National Government or
nongovernment organizations involved in the
attainment of the objectives of this Act.
Section 4 - Definition of Terms

Disabled persons are those suffering from restriction or 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;

Impairment is any loss, diminution or aberration of psychological,
physiological, or anatomical structure or function;

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;
Section 4 - Definition of Terms
Handicap refers to a disadvantage for a given individual, resulting
from an impairment or a disability, that limits or prevents the function
or activity, that is considered normal given the age and sex of the
individual;

Rehabilitation is an integrated approach to physical, social,
cultural, spiritual, educational and vocational measures that create
conditions for the individual to attain the highest possible level of
functional ability;

Social Barriers refer to the characteristics of institutions, whether
legal, economic, cultural, recreational or other, any human group,
community, or society which limit the fullest possible participation of
disabled persons in the life of the group. Social barriers include
negative attitudes which tend to single out and exclude disabled
persons and which distort roles and inter-personal relationships;
Section 4 - Definition of Terms
Auxiliary Aids and Services include:

1. qualified interpreters or other effective methods of delivering
materials to individuals with HEARING impairments;

2. qualified readers, taped tests, or other effective methods of
delivering materials to individuals with VISUAL impairments;

3. acquisition or modification of equipment or devices; and

4. other similar services and actions or all types of aids and
services that facilitate the learning process of people with
MENTAL DISABILITY.
Section 4 - Definition of Terms
Reasonable Accommodation include
1) improvement of existing facilities used by employees in order to
render these readily accessible to and usable by disabled persons;
and
2) modification of work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, appropriate
adjustments or modifications of examinations, training materials or
company policies, rules and regulations, the provision of auxiliary
aids and services, and other similar accommodations for disabled
persons;

Sheltered Employment refers to the provision of productive
work for disabled persons through workshops providing special
facilities, income-producing projects or homework schemes
with a view to giving them the opportunity to earn a living thus
enabling them to acquire a working capacity required in open
industry;
Section 4 - Definition of Terms

Auxiliary Social Services are the supportive activities in the
delivery of social services to the marginalized sectors of society;

Marginalized Disabled Persons refer to disabled persons who
lack access to rehabilitative services and opportunities to be
able to participate fully in socioeconomic activities and who have no
means of livelihood and whose incomes fall below the poverty
threshold;

Qualified Individual with a Disability shall mean 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.
Section 4 - Definition of Terms
Readily Achievable means a goal can be easily attained and carried
out without much difficulty or expense;

Public Transportation means transportation by air, land and sea that
provides the public with general or special service on a regular and
continuing basis;

Covered Entity means an employer, employment agency, labor
organization or joint- labor management committee; and

Commerce shall be taken to mean as travel, trade, traffic, commerce,
transportation, or communication among the provinces or between
any foreign country or any territory or possession and any province.
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
Equal Opportunity for
Employment
Sheltered Employment
Apprenticeship
Vocational Rehabilitation
Vocational Guidance and
Counseling
Access to Quality Education
Financial Assistance to
Disabled Students
Special Education
Housing Programs
Vocational or Technical and
Other Training Programs
Non-Formal Education
State Universities and
Colleges to assist Disabled
Persons
National Health Program
Rehabilitation Centers
Health Services
Auxiliary Social Services
Tax Incentives (donor's tax)

RIGHTS AND PRIVILEGES OF DISABLED PERSONS

Broadcast Media - Television stations shall be
encouraged to provide a sign language inset or
subtitles
Telephone Services All telephone companies shall
be encouraged to install special telephone devices or
units for the hearing-impaired and ensure that they are
commercially available to enable them to communicate
through the telephone system.
Free Postal Charges for the Disabled
OTHER RIGHTS AND PRIVILEGES
ACCESSIBILITY


Barrier-Free Environment
Mobility
Access to Public
Transport Facilities


POLITICAL AND CIVIL
RIGHTS

System of Voting
Right to Assemble
Right to Organize
PROHIBITION ON DISCRIMINATION
On Employment
On Transportation
On the use of public accomodation and
services
Penal Clause
ANY PERSON WHO VIOLATES:
First Violation: P50,000-100,000 or imprisonment of 6 months-2
years or both
Subsequent violation: P100k-200k or imprisonment of 2-6 years or
both

ANY PERSON WHO ABUSES THE PRIVILEGES GRANTED:
Imprisonment of not less than 6 months or a fine of P5,000-50,000
or both

IF VIOLATOR IS A CORPORATION OR ORGANIZATION:
Officials directly involved shall be liable.

IF VIOLATOR IS AN ALIEN OR A FOREIGNER
He shall be deported immediately after service of sentence
Decided Case
Atlanta Industries v. Sebolino
GR No. 187320, 26 January 2011

FACTS:

Complainants are regular employees of petitioner. They entered into 2
apprenticeship agreements with the company for an alleged skills training.

The apprenticeship agreement did not indicate the trade or occupation in
which the apprentice would be trained; neither was the apprenticeship
program approved by the TESDA.

Upon the termination of the 1st agreement, the complainants entered into a
2nd agreement allegedly for the training of another skill. Later, they claim
they were illegally dismissed upon the termination of the 2nd agreement.
Decided Cases
Atlanta Industries v. Sebolino
GR No. 187320, 26 January 2011

ISSUE: WON there were valid apprenticeship agreement.

HELD:
The apprenticeship agreements did not indicate the trade or occupation in
which the apprentice would be trained; neither was the apprenticeship
program approved by the Technical Education and Skills Development
Authority (TESDA). These were defective as they were executed in violation
of the law and the rules.

Moreover, with the expiration of the first agreement and the retention of the
employees, the employer, to all intents and purposes, recognized the
completion of their training and their acquisition of a regular employee
status. To foist upon them the second apprenticeship agreement for a
second skill which was not even mentioned in the agreement itself, is a
violation of the Labor Codes implementing rules and is an act manifestly
unfair to the employees.