1. Art. 43 : It is the objectives of this [F E D]
a. Title to Develop human resources b. Establish training institutions, and
c. 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.
2. What is human resources development? Process by which the
actual and potential labor force is made systematically to acquire greater knowledge, skills and capabilities for the nation’s sustained economic and social growth. (Sec. 1, Rule I, Book II, IRR’s)
3. Define manpower? Is the portion of the population which has
actual or potential capability to contribute to the production of goods and services. (Sec. 1 (c), Rule I, Book II, IRR’s)
4. Is human resources development intended solely to train
workers? No. Manpower development also means training for self-employment. This is known as “entrepreneurship” (Art. 44 (b).
5. What is dual system/training? It refers to a delivery system of
quality technical and vocational education which requires training to be carried out alternatively in 2 venues:
a. in school and
b. in the production plant.
In school, training provides the trainee the theoretical foundation, basic training, develops his skill and proficiency in actual working conditions as it continues personal discipline and work value. (Sec. 4 (p), RA 7796)
8.2 Program Incentive
* Art. 52 : Deduction from taxable income of ½ of the value of labor training but not to exceed 10% direct labor wage: Provided, That in the case of apprenticeship programs, the program is recognized by DOLE. 8.3 Training and Employment of Special Workers – Apprentices, Learners and Handicapped Workers
Policy Objectives
* What is the policy of the State on apprenticeship?
1. To help meet the demand of the economy for trained manpower; 2. To establish a national apprenticeship program through
participation of ER’s workers, and government and non- government agencies; and
3. To establish apprenticeship standards for the protection of apprentices. (Art. 57)
Definition
1. Art. 58 : “Apprenticeship” – Practical training on the job supplemented by related theoretical instruction.
2. Art. 73 : “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.
3. Art. 78 : “Handicapped workers” – Those whose earning capacity is impaired by age or physical or mental deficiency or injury
Who Can Employ and When
A. APPRENTICES –must be approved by TESDA
1. Art. 60 : Only ER’s in highly technical industries and only in apprenticeable occupations may employ apprentices.
Sec. 1, Rule IV, Book II, IRR’s : “Highly Technical Industries” – Trade, business, enterprise, industry or other activity which is engaged in the application of advanced technology.
Art. 58 : “Apprenticeship Occupation” – Requires more than 3 months of practical training supplemented by related theoretical instruction.
- 1 month probation
- prior approval by TESDA of the proposed apprenticeship program is a condition sine qua non before an apprenticeship can be validly entered into
- employer is not obliged to employ the apprentice after the completion of his training
2. Art. 70 : Apprenticeship programs shall be primarily voluntary except:
a. When national security or particular requirements of economic development so demand, the President may require compulsory training where the shortage of trained manpower is deemed critical by the Secretary of Labor. b. Where services of foreign technicians are utilized by
private companies in apprenticeable trades. B. LEARNERS
- Learnership programs must be approved by TESDA * Art. 74 : Learners may be employed when:
1. no experienced worker is available
2. the employment of learners is necessary to prevent curtailment of employment opportunities
3. and the employment does not create unfair competition in terms of labor costs or impair or lower working standards.
C. HANDICAPPED WORKERS
* Art. 79 : Handicapped workers may be employed when their employment
1. is necessary to prevent curtailment of employment opportunities; and
2. when it not create unfair competition in labor costs or lower working standards.
Conditions of Employment - not exceed 8 hours
- allowed overtime * Art. 61 :
1. Period of apprenticeship shall not exceed 6 months. 2. Wages shall not start below 75% of the minimum wage.
3. Apprenticeship program must be duly approved by TESDA or apprentices becomes regular EE. This must be evidenced by an apprenticeship agreement. (Nitto Enterprises vs. NLRC)
Ratio of theoretical vs. on the job training > 100: 2000 - may work overtime – duly credited as his training time
* Art. 72 : The Secretary of Labor may authorize the:
1. hiring of apprentices without compensation whose training on
the job is required by the school or training program curriculum as a requisite for graduation or board examination. There is no ER-EE relationship between students on one hand, and schools, where there is written agreement between them under which the former agree to work for the latter in exchange for the privilege to study free of charge. (Sec. 14, Rule X, Book III, IRR’s)
2. A clerk in the College of Law of a University worked without pay
but was allowed to take up no more than 3 units per semester free of charge. The clerk resigned and demanded payment of unpaid wages. Is the clerk entitled to unpaid wages? Yes. Sec. 14, Rule X, Book III, IRR’s : only applies in instances where the students are given real opportunity, including such facilities as may be reasonably necessary to finish their chosen courses under such arrangement. In this problem, the clerk was not given any real opportunity to finish law as he was allowed to take up no more than 3 units per semester. There is therefore an ER-EE relationship between the clerk and the university. (Alcantara)
3. Qualifications of an Apprentice:
a. At least 15 years of age: provided, those below 18 years of age shall not work in hazardous occupations;
b. Be physically fit for the occupation.
c. Possess vocational aptitude and capacity.
d. Possess the ability to comprehend, and follow oral and written instructions. (Sec. 11, Rule VI, Book III, IRR’s)
4. A 5-star hotel would like to have an apprentice program
dishwashers? No. This is not an apprenticeable program occupation because proficiency can be attained within a very short period. Besides, the hotel industry is not highly technical.
(Alcantara)
5. After working for 1 month may an apprentice be dismissed
without cause? No. After the probationary period of 1 month, the apprenticeship agreement may be terminated only for cause.
6. Causes for termination of apprenticeship agreement by apprentice:
b. Cruel or inhuman treatment
c. Personal problems which prevents a satisfactory performance (bad health)
d. Substandard working conditions EMPLOYER
a. habitual absentism
b. willful disobedience e.g. rules c. insubordination – lawful order
d. poor physical conditions – apprentice e. theft or malicious destruction
f. poor efficiency of performance g. engaging in violence
h. gross misconduct
i. bad health or continuing illness. (Sec. 25, Rule VI, Book II, IRR’s)
* employer must make a commitment to employ the business B. LEARNERS
- learnership must be approved by TESDA 1. Art. 75 :
1. Duration of the learnership period shall be 3 months;
2. Wages and salary rates begin at not less than 75% minimum wage; and
3. A commitment to employ learners if they so desire, as regular EE’s upon completion of the learnership.
All learners who have been allowed or suffered work during the first 2nd months to be deemed EE’s training is
terminated by the ER before the end of the stipulated period though no fault of the learner.
2. Art. 76 : Learners employed in piece or incentive-rate jobs during training shall be paid in full for the work done.
3. J entered into a learnership agreement with employer A. Before the end of 2 months, A terminated the agreement. When J requested for a chance to let him finish the 3 months period. At the end of 3 months, A refused to hire J. Is the stand of A sustainable? No. A has a commitment under the learnership agreement to employ J as a regular worker upon the completion of the learnership.
C. HANDICAPPED WORKERS [A P M I] 1. Art. 80 :
Rates to be paid to handicapped workers shall not be less than 75% of the applicable minimum wage.
Employment agreement must state the duration of the employment period and the work to be performed.
2. Art. 81 : 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.
Enforcement
1. Art. 66 : Appeal to the Secretary of Labor - The decision of the authorized agency of the DOLE may be appealed to the Secretary of Labor within 5 days from receipt of the decision. The decision of the Secretary of Labor shall be final and executory. 2. Art. 67 : Exhaustion of Administative 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.
Section 9. Conditions of Employment – Hours of Work