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    Notes Labor Code of The Philippines

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    Junje Daguplo
    This document discusses the training and employment of special workers in the Philippines according to the Labor Code. It defines different types of special workers including apprentices and learners. It outlines the objectives for training and employing special workers, which are to help meet the demand for trained workers, establish an apprenticeship program, and establish protections for apprentices. It also defines terms, outlines qualifications for apprentices, requirements for valid apprenticeships, and how apprenticeship programs can be sponsored.

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    Notes Labor Code of The Philippines

    Uploaded by

    Junje Daguplo
    104 views2 pages
    This document discusses the training and employment of special workers in the Philippines according to the Labor Code. It defines different types of special workers including apprentices and learners. It outlines the objectives for training and employing special workers, which are to help meet the demand for trained workers, establish an apprenticeship program, and establish protections for apprentices. It also defines terms, outlines qualifications for apprentices, requirements for valid apprenticeships, and how apprenticeship programs can be sponsored.

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    Notes Labor Code of the Philippines

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    This document discusses the training and employment of special workers in the Philippines according to the Labor Code. It defines different types of special workers including apprentices and learners. It outlines the objectives for training and employing special workers, which are to help meet the demand for trained workers, establish an apprenticeship program, and establish protections for apprentices. It also defines terms, outlines qualifications for apprentices, requirements for valid apprenticeships, and how apprenticeship programs can be sponsored.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    104 views2 pages

    Notes Labor Code of The Philippines

    Uploaded by

    Junje Daguplo
    This document discusses the training and employment of special workers in the Philippines according to the Labor Code. It defines different types of special workers including apprentices and learners. It outlines the objectives for training and employing special workers, which are to help meet the demand for trained workers, establish an apprenticeship program, and establish protections for apprentices. It also defines terms, outlines qualifications for apprentices, requirements for valid apprenticeships, and how apprenticeship programs can be sponsored.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    BIT-International College

    Subject: Labor Code of the Philippines


    Professor: Junje C. Daguplo, LPT

    TRAINING & EMPLOYMENT OF SPECIAL WORKERS

    CH1: TYPES OF SPECIAL WORKERS


    1. Apprentice
    2. Learner
    3. Handicapped

    Art 57 STATEMENT OF OBJECTIVES FOR THE TRAINING & EENT OF SPECIAL WORKERS
    1. To help meet the demand of the economy for trained manpower;
    2. To establish a national apprenticeship program; and
    3. To establish apprenticeship standards for the protection of apprentices.

    Art 58: DEFINITION OF TERMS


    Apprenticeship – practical training on the job supplemented by related theoretical instruction, for a highly skilled
    or technical instruction for a period of 3-6 months
    Apprentice – a person undergoing training for an approved apprenticeable occupation during an established
    period assured by an apprenticeship agreement
    Apprenticeable Occupation – an occupation officially endorsed by a tripartite body and approved for apprenticeship
    by the TESDA (no longer the Sec of Labor)
    Apprenticeship Agreement – an EENT contract wherein the EER binds himself to train the apprentice and the
    apprentice in turn accepts the terms of training
    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, w/c is engaged in the application of advanced
    technology.

    Art 59: QUALIFICATIONS OF APPRENTICES


    1. At least 15 y/o, provided that if below 18 y/o, he shall not be eligible for hazardous occupation;
    2. Physically fit for the occupation in w/c he desires to be trained;
    3. Possess vocational aptitude and capacity for the particular occupation as established through appropriate tests;
    and
    4. Possess the ability to comprehend and follow oral & written instructions.

    Note: Total physical fitness is not required of the apprentice-applicant unless it is essential to the expeditious
    and effective learning of the occupation. Only physical defects w/c constitute real impediments to effective perf
    as determined by the plant apprenticeship committee may disqualify an applicant.

    Art 60: EMPLOYMENT OF APPRENTICES


    Qualifications to be met by EER:
    1. Only EERS in highly technical industries may employ apprentices; and
    2. Only in apprenticeable occupations as determined by the TESDA.

    Requisites for a Valid apprenticeship:


    1. Qualifications of apprentice are met;
    2. Apprentice earns not less than 75% of the prescribed minimum salary;
    3. Apprenticeship agreement duly executed & signed;
    4. Apprenticeship program must be approved by the TESDA; otherwise the apprentice shall be deemed a regular
    EE;
    5. Period of apprenticeship shall not exceed 6 months
    BIT-International College
    Subject: Labor Code of the Philippines
    Professor: Junje C. Daguplo, LPT

    Note: at the termination of the apprenticeship, the EER is not required to continue the EENT
    There is no valid apprenticeship if:
    1. The agreement submitted to the TESDA was made long after the workers started undergoing apprenticeship;
    2. The work performed by the apprenticeship was different from those allegedly approved by TESDA;
    3. The workers undergoing apprenticeship are already skilled workers;
    4. The workers were required to continue undergoing apprenticeship beyond 6mos.

    Art 61: CONTENTS OF APPRENTICESHIP AGREEMENT


    1. Full name & address of the contracting parties;
    2. Date of birth of the apprentice;
    3. Name of trade, occupation or job in w/c the apprentice shall be trained and the dates on w/c such training
    will begin and will proximately end;
    4. Appropriate number of hours of OJT w/ compulsory theoretical instruction w/c the apprentice shall undergo
    during his training;
    5. Schedule of the work processes of the trade/occupation in w/c the apprentice shall be trained and the approx.
    time to be spent on the job in each process;
    6. Graduated scale of wages to be paid to the apprentice;
    7. Probationary paid of the apprentice during with either party ay summarily terminate their agreement; and
    8. A clause that if the EER is unable to fulfill his training obligation, he may transfer the agreement, w/ the
    consent of the apprentice to any other EER who is willing to assume such obligation.

    Working Hours – shall not exceed the max number of hours prescribed by law, if any, for a worker of his age
    and sex. Time spent in compulsorily theoretical instruction shall be considered hours of work. An apprentice not
    otherwise barred by law from working 8hrs may be requested by his EER to work overtime and paid accordingly.

    Art 62: SIGNING OF APPRENTICESHIP AGREEMENT


    Who signs:
    1. The apprentice, if of age, otherwise, by his parent or guardian, or in the latter’s absence, by an authorized
    rep of TESDA; and
    2. EER or his duly authorized rep

    Art 63: VENUE OF APPRENTICESHIP PROGRAM


    1. Within the sponsoring firm, establishment or entity; or
    2. Within a DOLE training center or other public training institutions; or
    3. Initial training in trade fundamentals in a training center or other institutions w/ subsequent actual work
    participation w/in the sponsoring firm or entity during the final stage of training.

    Art 64: SPONSORING OF APPRENTICESHIP PROGRAMS


    BY:
    1. The plant, shop or premises of the EER or firm concerned if the apprenticeship program is organized by an
    individual EER or firm;
    2. The premises of one or several firms designated for the purpose by the organizer of the program if such
    organizer is an association of EERS, civic group and the like; and
    3. DOLE Training Center or other public training institutions w/ w/c the TESDA has made appropriate
    arrangements.

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