TITLE II –
TRAINING AND EMPLOYMENT OF SPECIAL WORKERS
Chapter 1
– Apprentices
Article 57.
Statement of Objectives
ª Objectives:
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.
Article 58.
Definition of Terms
§ 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
v It fills the demand of employers for workers in
certain trades or occupations which require special skills.
Article 59.
Qualifications of Apprentice
ª Qualifications:
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.
ª Contents:
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;
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.
v The period of apprenticeship contract shall not exceed
six (6) months.
Termination of Contract
ª 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 employer’s premises.
ª Causes for termination (by the apprentice):
1)
Substandard or
deleterious working conditions within the employer’s 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.
Apprentice’s Compensation
v 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
§ Probationary period – span of time within which the
employer is able to determine the employee’s 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.
Signing of Apprenticeship Agreement
v An apprenticeship agreement entered into by the
parties should be ratified by an appropriate apprenticeship committee.
ª 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.
Article 63.
Venue of Apprenticeship Programs
ª Venues of apprenticeship training programs:
1)
Sponsoring firm’s
or employer’s premises;
2)
Training centers
of the DOLE; or
3)
Public training
institutions, or a combination of both.
Article 64.
Sponsoring of Apprenticeship Program
v 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
v 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
v 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.
v The decision of the Secretary of Labor shall be final
and executory.
Article 67.
Exhaustion of Administrative Remedies
v When an administrative reedy is provided by law,
relief must first be sought by exhausting such remedies before the courts will
act.
v The plant apprenticeship committee shall have initial
responsibility for settling differences arising out of such apprenticeship
contract.
Article 68.
Aptitude Testing of Applicants
v An employer who has a recognized apprenticeship
program shall provide aptitude tests to apprentices-applicants.
v If the employer does not have the adequate facilities,
the DOLE may provide the service free of charge.
Article 69.
Responsibility for Theoretical Instruction
v 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
v Primarily, an apprenticeship is a voluntary
undertaking.
ª 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
v 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
ª Apprenticeship without compensation:
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
v Learners may be employed when no experienced workers
are available.
v A minor below fifteen (15) years of age shall not be
eligible for employment as a learner.
v 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.
ª 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.
v 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
v Learners working on piece or incentive-rate jobs are
entitled to full pay for work done during their training period.
Article 77.
Penalty Clause
v 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
Article 78.
Definition
§ 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
v No disable person shall be denied access to
opportunities for suitable employment.
Employer’s Incentives for Employing Disabled Persons
v 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
ª Contents:
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
v 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.
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