Section 1. A new
section, two-A, is hereby added to Republic Act Numbered One Thousand
eight hundred and twenty-six, to read:
"Sec. 2-A.
For these purposes, there is hereby established a National
Apprenticeship Council, hereinafter called the Council, composed of
seven members, two of whom shall represent employers, two shall
represent employees, one shall represent the public, and one each from
the Department of Labor and the Department of Education.
The members of the Council shall
be appointed by the President upon the recommendation of the Secretary
of Labor with the consent of the Commission on Appointments. The
chairman shall be so designated in his appointment. Of the members
first appointed, four shall hold office for one year and the other
three, for two years. At the expiration of their respective terms,
their successors shall be appointed for the term of two years reckoned
from the date of such expiration. All vacancies, except those created
through expiration of the term, shall be filled for the unexpired term
only. Members of the Council shall not receive compensation but members
who are not government employees shall be entitled to per diems not
exceeding twenty-five pesos for each day of actual attendance, and to
reimbursement for all necessary travelling expenses actually incurred
in attending to their duties in the Council.
The Secretary of Labor may appoint such trade or industry committees as
may be necessary to advise and assist the Council in carrying out the
purposes of this Act. Each of such committees shall be composed of an
equal number of representatives of employers and employees and one
representing the public who shall act as chairman"
Sec. 2. Section three of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Sec. 3. It
shall be the duty and function of the Council:
(a) To organize and develop an apprenticeship program
by which the requirements for trained labor may be met;
(b) To secure the cooperation of government agencies
and private organizations and institutions, including those providing
vocational guidance and training, in effecting coordination in the
development of apprenticeship;
(c) To recommend appropriate measures for the
promotion of apprenticeship;
(d) To assist
and cooperate in determining the number of apprentices and skilled
workers needed for each trade and occupation, and in promoting the
proper distribution of manpower resources to meet the needs of the
national economy and the labor requirements of employers so as to
achieve the fullest and most effective utilization of manpower
resources;
(e) To enable workers to make full use of their
natural talents and abilities to advance their opportunities for steady
employment;
(f) To determine apprenticeable trades and
occupations in accordance with the rules, regulations and standards
promulgated under this Act;
(g) To establish minimum standards of training in
apprenticeable trades and occupations;
(h) To formulate and adopt standards for effecting
employment of apprentices under different conditions, by setting out
their qualifications for employment, number of apprentices, required
education, age limitations, aptitudes, term of apprenticeship, wages,
working hours, vacation with pay, and other matters;
(i) To lay down
minimum standards and procedures for the examination of apprentices,
the execution and registration of apprentices and apprenticeship
agreements, the methods of supervision and the duration of the
apprentices' work on the job and at school, and the methods of
examination of apprentices at the end of their training;
(j) To stipulate the grounds under which an
apprenticeship agreement may be terminated or otherwise revoked by
either or both parties before the expiration of its term;
(k) To promulgate such rules and regulations as may
be necessary to carry out the intents and purposes of this Act,
including the denial of apprentices to any employer that has violated
any provisions of this Act, rule or regulation promulgated thereunder,
or of any apprenticeship agreement; and
(l) To make and submit, not later than February first
of each year, a report through the Secretary of Labor of its
activities, accomplishments and findings to the President and to the
Congress of the Philippines.
Sec. 3. A new section, three-A, is hereby added to
Republic Act Numbered One thousand eight hundred and twenty-six, to
read:
"Sec. 3-A.
An administrative machinery called "Office of Apprenticeship" in the
Department of Labor is hereby created under a chief to be appointed by
the President upon the recommendation of the Secretary of Labor, with
the consent of the Commission on Appointments, who, at the time of his
appointment should have had specialized training in apprenticeship
administration, planning, programming and adequate experience in
apprenticeship legislation for not less than two years. The chief of
the office of apprenticeship shall have a compensation of seven
thousand two hundred pesos per annum which shall be adjusted in
accordance with Republic Act Numbered Nine hundred and ninety-seven as
implemented.
The Secretary of Labor shall also appoint such clerical, technical, and
professional assistants as may be necessary to the proper operation of
this office, and no person shall be appointed technical or professional
assistant unless he has had adequate training for the performance of
his duties."
Sec. 4. Section four of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Sec. 4. The
Office of Apprenticeship shall:
(a) Act as secretariat to the National Apprenticeship
Council;
(b) Implement and supervise standards in
apprenticeship that may be formulated by the Council and carry out the
apprenticeship program envisioned by this Act;
(c) Assist and
cooperate with the Council in the development and formulation of
policies, rules, regulations, standards and plans;
(d) Promote the purposes of this Act by bringing
employers and workers together and assisting them in working out
appropriate apprenticeship programs;
(e) Conduct research on matters affecting
apprenticeship and compile and disseminate such research currently;
(f) Provide technical and advisory services to the
council, several apprenticeship committees, employers, association of
employers, employees, associations of employees, and other interested
parties, in the development, maintenance, and operation of
apprenticeship programs;
(g) Provide services for the review and appraisal of
proposed apprenticeship programs and apprenticeship agreements;
(h) Maintain a
register of apprentices, apprenticeship agreements, and apprenticeship
programs;
(i) Maintain currently a record of all apprenticeship
committees and management-labor committees and all employers operating
under approved apprenticeship programs;
(j) Approve, disapprove, suspend, revoke or terminate
plant apprenticeship programs and apprenticeship agreements, and issue
certificates of completion of apprenticeship;
(k) Act as a clearing house for the operation of
apprenticeship programs in different areas, industries and occupations;
(l) Disseminate such information regarding
apprenticeship as may be necessary to bring about a better
understanding of the purposes of the apprenticeship programs provided
by this Act and to arouse public interest in such programs; and
(m) Protect and promote the welfare of apprentices."
Sec. 5. A new section, four-A is hereby added to
Republic Act Numbered One thousand eight hundred and twenty-six, to
read:
"Sec. 4-A.
It shall be unlawful for an employer to enter into an apprenticeship
agreement or otherwise employ an apprentice in any apprenticeable trade
or occupation declared as such by the Council without having a
certification in writing by the Office of Apprenticeship to the effect
that the plans and standards of the apprenticeship program comply with
the provisions of the law and measures up to the standards and policies
laid down by the National Apprenticeship Council.
Any violation of the provisions of this section shall be punished by a
fine of not less than one hundred pesos nor more than five hundred
pesos, or by imprisonment for not less than thirty days nor more than
one year, or both such fine and imprisonment in the discretion of the
court.
If the violation is committed by a firm, association, or corporation,
the penalty shall be imposed on the officer or officers thereof who are
responsible for the violation.
Sec. 6. Section five of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Sec. 5. Any
employer with an approved apprenticeship program may enter into an
apprenticeship agreement with a qualified apprentice. Each
apprenticeship agreement shall contain:
(a) The full names of the contracting parties;
(b) The date of birth of the apprentice;
(c) A statement of the trade, craft, or business in
which apprenticeship is sought, and the date on which apprenticeship
will begin or end;
(d) A statement showing the number of hours to be
spent by the apprentice in work and the number of hours to be spent in
related and supplemental instruction, the total of which hours shall,
in no case, be less than those established by the Council pursuant to
this Act: Provided, That the combined hours of work and of the required
related and supplemental instruction of the apprentice shall not exceed
the maximum number of hours of work prescribed by the law for a worker
of the age and sex of the apprentice: Provided, further, That no
overtime work for apprentices shall be permitted;
(e) A statement setting forth a schedule of the
working processes in the trade or industry in which the apprentice is
to be taught and the approximate time to be spent on the job in each
process;
(f) A statement of the graduated scale of wages to be
paid the apprentice, the provisions of Republic Act Numbered Six
hundred two to the contrary notwithstanding, and whether or not the
required school time shall be compensated;
(g) A statement fixing a period of probation of not
more than five hundred hours of employment and of related instruction
extending not more than four months during which time the
apprenticeship agreement may, at the request of either party in
writing, be terminated upon approval of the chief of the Office of
Apprenticeship for good and sufficient cause;
(h) A provision that an employer who is unable to
fulfill his obligation under an apprenticeship agreement, may, with the
approval of the chief of the Office of Apprenticeship, transfer such
contract to any other employer, if the apprentice consents and such
other employer agrees to assume the obligation of said apprenticeship
agreement;
(i) Such additional terms and conditions not
inconsistent with this Act, which the Council determines are necessary
and proper to effectuate the purposes of this Act;
(j) A clause providing that there shall be no
liability on the part of the employer for an injury or illness
sustained by an apprentice engaged in school work outside of the
premises of the employer; and
(k) A clause stating that a copy of the
apprenticeship agreement shall be issued without cost to the
apprentice."
Sec. 7. Section six of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Sec. 6.
Every apprenticeship agreement shall be signed by the employer or his
agent, or by an authorized representative of an association or group of
employers, or employees, or by an apprenticeship committee, and by the
apprentice; and, if the apprentice is a minor, by the minor's parent or
guardian: Provided, That where a minor enters into an apprenticeship
agreement under this Act for a period of training which shall extend
into his majority, the apprenticeship agreement shall likewise be
binding for such period as may be covered during the apprentice's
majority: Provided, further, That every apprenticeship agreement
entered under this Act shall be approved by the appropriate
apprenticeship committee, if any, and by the chief of the Office of
Apprenticeship, and a copy of the agreement shall be filed with the
Council.
Sec. 8. Section seven of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Sec. 7.
Upon the complaint of any interested person or upon his own initiative,
the chief of the Office of Apprenticeship or his authorized
representatives shall investigate any violation of the terms of an
apprenticeship agreement made under this Act, and for such purpose he
shall hold hearings, inquiries, and other proceedings necessary to such
investigation and issue subpoena and subpoena duces tecum. The parties
to such agreement shall, upon reasonable notice thereof, be given a
fair and impartial hearing. All such hearing and investigations shall
be made pursuant to such rules and procedures as may be prescribed by
the Council.
The decision of the chief of the Office of Apprenticeship shall be
filed with the Council and copy thereof shall be sent to the parties.
Any person aggrieved by such decision or action may appeal therefrom to
the Council, which shall hold a hearing thereon after due notice to the
interested parties. Appeal may be made to the Secretary of Labor within
fifteen (15) days from notice of the decision of the Council and
therefrom to the Court of Appeals within thirty (30) days from the
notice of the decision of the Secretary of Labor.
Sec. 9. Section eight of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Sec. 8. Any
party to an apprenticeship agreement aggrieved by an order or decision
of the Council may bring the appropriate proceedings in the courts on
question of law. The decision of the Council shall be conclusive and
final, if action thereon is not filed in court within thirty days after
the date of notice of such order or decision.
No person shall institute any action for the enforcement of any
apprenticeship agreement, or damages for the breach of any such
agreement, made under this Act unless he shall first have exhausted all
administrative remedies provided by this Act.
Section 10. Section nine of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Sec. 9. To
ensure the effective implementation of the policy laid down in section
two hereof:
(A) The Office of Manpower Services, shall develop
and prepare economic analysis with respect to the several
apprenticeable occupations and with respect to the industries involved,
and provide appropriate aptitude tests in the selection of apprentices.
(B) The Department of Education shall:
(a) Provide related and supplemental instruction for
apprentices, secure and furnish facilities, instructional materials,
and supplies necessary for such instruction;
(b) Develop and prepare courses of instruction for
apprentices, correlate such instruction with job experience and
administer and supervise such instructions;
(c) Enroll apprentices in schools and keep individual
attendance and progress records of such apprentices;
(d) Employ or otherwise obtain and train apprentice
instructors and coordinators;
(e) Advice and assist the chief of the Office of
Apprenticeship and apprenticeship committees regarding training
programs;
(f) Designate, when so required, members of
educational advisory committees to the Office of Apprenticeship and
apprenticeship committees; and
(g) Assist in the selection of apprentices by the
development of appropriate aptitude tests or by providing
pre-apprenticeship courses, or both.
The Department of Education, with the approval of the Department of
Labor, may delegate all or any of the foregoing duties to an
appropriate public or private agency: Provided, That the Department of
Education shall have a continuing responsibility for the effective
performance of such delegated duties."
Section 11. Section ten of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Section 10. As
used in this Act —
(a) The term "apprentice" means a worker at least
sixteen years of age who is covered by a written apprenticeship
agreement with an employers, an association of employers, an
organization of workers, or an apprenticeship committee registered with
the Office of Apprenticeship which contract provides for not less than
two thousand hours of reasonably continuous employment for such worker
and for his participation in an approved schedule of work experience
through employment and supplemented by related classroom instruction.
No person shall work or be engaged as apprentice unless he is at least
sixteen years of age; has completed the high school course or such
course or courses as the Council may prescribe; and shows his fitness
for the employment by means of a certificate of his school attendance,
demonstration of his capacities and aptitude, and presentation of a
certificate of his physical fitness by a medical officer of the
Department of Labor or Bureau of Health.
(b) The term "apprenticeship" means a system of
training in which one or more employers undertake by contract to employ
a worker and to train him or have him trained systematically in an
apprenticeable occupation for a certain period, the duration of which
has been fixed in advance and in the course of which the apprentice is
bound to work in the service of such employer or employers.
(c) The term "apprenticeable occupation" means an
occupation which: (1) is customarily learned in a practical way through
training in the job; (2) is clearly identified and commonly recognized
throughout the industry as a skilled trade or craft; (3) requires two
thousand or more hours of work experience to learn; (4) requires
related instruction to supplement the work experience; (5) is not a
part of a more extensive occupation recognized as apprenticeable by the
National Apprenticeship Council; (6) involves the development of skills
and the use of tools and equipment sufficiently broad to be applicable
in like occupations throughout an industry rather than of restricted
application to the products of one or more employees in such industry;
and (7) is not concerned with selling or distribution of goods; or with
managerial, clerical, professional and semi-professional activities; or
with agriculture as defined by Republic Act Numbered Six hundred two,
as amended.
(d) The term "employ" includes to suffer or permit to
work;
(e) The term "employer" includes any person acting
directly or indirectly in the interest of an employer in relation to an
employee or apprentice;
(f) The term "industry" includes any trade or
business, enterprise or branch or branches thereof or any calling,
service or employment in which individuals are gainfully employed.
(g) The term "person" includes an individual
partnership, association, corporation, business trust, legal
representatives or any organized group of persons."
Section 12. Section thirteen of Republic Act Numbered
One thousand eight hundred and twenty-six is hereby amended to read as
follows:
"Section 13.
The sum of two hundred thousand pesos or so much thereof as may be
necessary is hereby appropriated out of any funds in the National
Treasury not otherwise appropriated to carry out the purposes of this
Act. Thereafter the necessary funds for this purpose shall be included
in the annual General Appropriations for the Department of Labor.
Nothing in this Act shall, however, be construed to prevent the
acceptance by the office of Apprenticeship of voluntary contributions
for the support of apprenticeship and labor-management committees."
Section 13. All appropriations, personnel, files,
records, properties, supplies and equipment belonging to the
apprenticeship division of the Department of Labor are hereby
transferred to the Office of Apprenticeship.
Section 14. The title of Republic Act Numbered One
thousand eight hundred and twenty-six is hereby amended to read as
follows:
"An Act establishing an
Apprenticeship System and a National Apprenticeship Council, defining
the powers and duties of the said Council and providing funds
therefor."
Section 15. This Act shall take effect upon its
approval.
Approved: June 18, 1960
|