Module 3.1Training and Employment of Special WorkersAtty. Harve B. Abella, Esq.

Art. 57 Statement of Objectives for the Training and Employment of Special Worker

1. To help meet the needs of the economy for trained manpower

2. To establish a national apprenticeship program

3. To establish apprenticeship standards for the protection of apprentices and upgrading of skills

Definition of Terms• Apprenticeship• Practical training on the job supplemented by related theoretical

instruction, for a highly skilled or technical occupation

Apprentice• A worker who is covered by a written apprenticeship agreement with

an individual employer or any of the entities recognized under this chapter with an apprenticeship program duly approved by the DOLE

• Apprenticeable Occupation• Any trade, form of employment or occupation which requires more

than 3 months of practical training on the job supplemented by related theoretical instruction

• Apprenticeship Agreement• 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 (cont)• On-The-Job Training• Practical work experience through actual participation in

productive activities given to or acquired by an apprentice

• Highly Technical Industries• A trade, business, enterprise, industry or other activity, which is

engaged in the application of advanced technology

Art. 59 Qualifications of Apprentices• At least 15 years* of age provided that if below 18 years, he

shall not be eligible for hazardous occupation;• Possess vocational aptitude and capacity for appropriate tests• Possess the ability to comprehend and follow oral and written

instructions• The company must have an apprenticeship program duly

approved by the DOLE

*the apprenticeable age under Art. 59 LCP is 14 but it is 15 under the IRR; RA 7610, as amended by RA 9231 explicitly prohibits employment of children below 15 years of age. RA 7610 recognizes certain exceptions but being an apprentice is not one of the exceptions.

Art. 60. Employment of Apprentices• Qualifications to be met by the EMPLOYER

1. Only employers in HIGHLY TECHNICAL INDUSTRIES may employ apprentices; and

2. Only in apprenticeable occupations as determined by the SOLE

• Requisites for a Valid Apprenticeship1.Qualifications of the apprentice are met2.The apprentice earns not less than 75% of the prescribed

minimum salary;3.Apprenticeship agreement is duly executed and signed;4.The apprenticeship program must be approved by the SOLE,

otherwise, the APPRENTICE IS DEEMED A REGULAR EMPLOYEE; (Nitto Enterprises vs NLRC, Sept. 29, 1995)

5.Period of apprenticeship shall not exceed 6 months

NOTA BENE:• At the termination of the apprenticeship, the employee is not

required to continue the employment; (not less than 3 months, not more than 6 months)

• If the aprenticeship is a requirement for graduation, the employer MAY NOT PAY ANY WAGE;

Art. 61 Contents of the Apprenticeship Agreement

1. Full name and addresses of the contracting parties2. Date of birth of the apprentice3. Name of trade, occupation or job in which the apprentice shall be

trained and the dates on which such training will begin and will approximately end;

4. Approximate number of hours 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 to the apprentice7. Probationary period of the apprenticeship during which either party

may summarily terminate their agreement;8. A clause that if the employer is unable to fulfill 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

Art. 62. Signing of the Apprenticeship Agreement• Who signs?

• The apprentice – if of age;• If the apprentice is a minor, it shall be singed in his behalf by

his parent or guardian, or in the latter’s absence, by an authorized representative of the DOLE

• The employer or his duly authorized representative

Art. 63 Venue of Apprenticeship Programs• OJT TRAINING OF APPRENTICES MAY BE UNDERTAKEN IN:

1.The plant, shop or premises of the employer or firm concerned if the apprenticeship program is organized by an individual employer or firm;

2.The premises of one or several firms designated for the purpose by the organizer of the program is such organizer is an association of employers, civic group and the like, and

3.DOLE Training Center or other public training institutions with which the Bureau has made appropriate arrangements

Arts. 65-67 Violation of Apprenticeship AgreementINVESTIGATION OF VIOLATION OF APPRENTICESHIP AGREEMENT (Art. 65, LCP)1.either party to an agreement may terminate the same after the probationary period only for a VALID CAUSE2.Action may be initiated upon complaint of any interested person or upon DOLE’s own initiativeAPPEAL (Art. 66, LCP)

The Decision of an authorized agency of the DOLE may appeal to the SOLE within 5 days from receipt of the adverse decision;EXHAUSTION OF ADMINISTRATIVE REMEDIES (Art. 66,LCP)•Condition precedent to the institution of an action•The plant apprenticeship committee shall have initial responsibility for settling differences arising out of apprenticeship agreements

Art. 70 Voluntary Organization of Apprenticeship Program• General Rule:

• The organization of apprenticeship program shall be primarily a voluntary undertaking by the employer

• Exception:• Instances when organization of program is compulsory:

• When national security of particular requirements of economic develops so demand

• Where services of foreign technicians are utilized by private companies in apprenticeable trades

Art. 71 Deductability of Training Costs• An additional deduction from taxable income of ½ of the value

of labor training expenses incurred for developing the productivity and efficiency of apprentices are granted to the person or enterprise organizing an apprenticeship program

• REQUISITES:• The apprenticeship program must be duly recognized by the

Department of Labor• Deduction shall not exceed 10% of direct labor wage• Employer must pay his apprentices the minimum wage

Art. 72 Apprentices WITHOUT Compensation• Apprentices may be hired WITHOUT COMPENSATION where

OJT is:

• Required by the school• Required by the Training Program Curriculum• A requisite for graduation• A requisite for Board Examination

RULES ON WORKING SCHOLARS• NO EE-ER RELATIONSHIP between students on one hand, and

schools, colleges on the other hand, where there is an agreement between them under which the former agree to work for the latter in exchange for the privilege to study free of charge, PROVIDED, the students are given real opportunities, including such facilities which may be reasonable and necessary to finish their chose courses under such agreements (Sec.14, Rule X, Book III, IRR)

• Under this article, the student is not considered an employee. BUT IF HE CAUSES injury or damage to a third person, the school may be held liable under Art. 2180 of the NCC. • (Filamer Christian Institute vs. IAC, August 17, 1992)

MODULE 3.2

LEARNERSLEARNERSAtty. Harve B. Abella, Esq.

Art. 73 Learners Defined• 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 in a relatively short period of time which shall not exceed 3 months

• Learnership Agreement• Refers to the employment and training contract entered into

between the employer and the learner

• N.B.: • OJT or practical training of a learner need not be

supplemented by theoretical instruction

Art. 74. When learners may be hired• Conditions for hiring learners:

• No experienced workers are available• The employment of learners being necessary to prevent

curtailment of employment opportunities;• Such employment will neither create unfair competition in

terms of labor costs nor impair working standards

Art. 75 Contents of Learnership Agreement• The names and addresses of the employer and the learner• The occupation to be learned and the duration of the training

period which shall not exceed 3 months• The wage of the learner shall be at least 75% of the applicable

minimum wage• A COMMITMENT TO EMPLOY if he so desires as a regular

employee upon completion of the training

• NB:• A learner who had worked during the first 2 months shall be

deemed a regular employee if training is terminated by the employer before the end of the stipulated period though at no fault of the learner

APPRENTICESHIP LEARNERSHIP

3-6 months practical training on the job

Not to exceed 3 months

Practical training on the job supplemented by related theoretical instruction

Trainees in semi-skilled/industrial occupations which are non-apprenticeable which may be learned through practical training on the job in a relatively short period of time

No commitment to hire With a commitment to employ the learner as regular employee if he desires upon completion of learnership

Effect of preterminationWorker is NOT considered an employee

Effect of PreterminationLearner is considered a regular employee after 2 months of training and dismissal is without fault of learner

HIGHLY-SKILLED or technical industries and in industrial occupation

Semi-skilled/industrial occupation (non-apprenticeable)

Requires DOLE approval Not required

EXHAUSTION OF ADMIN REMEDIESPrecondition for filing action

EXHAUSTION OF ADMIN REMEDIESNot required