BOOK TWO
National
Manpower
Development Program
RULE I
Definition
of Terms
SECTION 1. Definition
of terms. —
(a) "Council"
refers to National Manpower and Youth Council.cralaw:red
(b) "Human resources
development" refers to the process by which the actual and potential
labor
force is made to systematically acquire greater knowledge, skills or
capabilities
for the nation's sustained economic and social growth.cralaw:red
(c) "Manpower"
is that portion of the population which has actual or potential
capability
to contribute to the production of goods and services.cralaw:red
(d) "National
Manpower Plan" refers to the plan formulated by the Council on the
systematic
determination of manpower requirements and supply of the sectors of the
economy over a future period of time. It shall embody policies and
strategies
on how human resources can be improved in quality and productivity, how
they can be efficiently allocated to various employments, with a view
to
accelerating the attainment of the country's overall economic and
social
objectives.cralaw:red
(e) "Training"
is the systematic development of the attitude/knowledge/skill/behavior
pattern required for the adequate performance of a given job or task.cralaw:red
(f) "Training
in vocation" refers to a range of activities aimed at providing the
skills,
knowledge, and attitudes required for employment in a particular
occupation,
group, group of related occupations or functions in a field of economic
activity.cralaw:red
(g) "Basic skills
training" refers to the first stage of the learning process of a
vocational
character for a given task, job, occupation or group of occupations,
aimed
at developing the fundamental attitude/knowledge/ skill/behavior
pattern
to specified standards. This covers any of the following:
(1)
"Pre-entry training" is a basic skills training for immediate entry
into
the working environment.
(2)
"Accelerated
training" is basic skills training of a short-term nature for jobs with
a defined level of qualifications. This usually refers to a rapid
paced,
condensed vocational training to fill immediate manpower needs.
(h) "Further
training"
refers to that part of vocational training which follows basic
training,
usually within the framework of a training program or scheme, for
recognized
qualifications. This covers any or all of the following:
(1)
Upgrading — training for supplementary skills and knowledge in order to
increase the versatility and occupational mobility of a worker or to
improve
his standard of performance.
(2)
Updating
— training to improve the performance of people in their occupation in
respect to modern developments; new materials, tools, processes.
(3)
Refresher
— process of further training in work currently performed in order to
improve
job performance. This also refers to training to regain skills and
knowledge
which may have been partly forgotten as a result of length
interruptions
in the performance of an occupation.
(4)
Specialization
— training to consolidate, deepen and broaden skills and knowledge for
a particular task, function or aspect of a worker's occupation.
(5)
Retraining
for the acquisition of skills and knowledge required in an occupation
other
than the one for which the person originally trained.
(i)
"Entrepreneurship
training" refers to the training schemes to develop persons for
self-employment
or for organizing, financing and/or managing an enterprise.
(j) "Cooperative
settlement training" refers to the training of a group of young people
or farmer families in modern methods in agriculture and cooperative
living
and subsequently to organize and locate them in cooperative settlement.cralaw:red
(k) "Instructor
training" is aimed at developing capacities of persons for imparting
attitudes,
knowledge, skills and behavior patterns, required for specific jobs,
tasks,
occupations or group of related occupations.cralaw:red
(l) "Vocational
preparation training" refers to a range of training activities
primarily
aimed at the youth and covering any or all of the following:
(1)
First introduction to work of a vocational character covering a range
of
occupational activities;
(2)
Preparing
the youth for choosing an occupation or a line of training;
(3)
Acquainting
the youth with different materials, tools, machines, procedures and
elementary
theoretical knowledge relevant to a group of occupations;
(4)
Providing
the youth with working methods and standards expected at work; and
(5) Giving
the
youth basic knowledge about contributions which they may be able to
make
to the economic and social development of the country.
(m) "Special
project
training" refers to an organized activity or sets of activities in aid
of human resources development which do not fall squarely under any of
the previously described types of activities.
(n) "Skills
standards" refers to a level or graduated levels of proficiency
generally
accepted by industry in specific jobs, tasks, trades or occupations.cralaw:red
(o) "Trade"
refers to any industrial craft or artisan occupation which is
officially
or traditionally recognized as requiring special qualifications which
can
only be acquired through lengthy training, experience, and practical
and
theoretical instruction.cralaw:red
(p) "Trade test"
refers to examination or test to determine whether a person meets the
standards
of a particular trade.cralaw:red
(q) "Employment"
refers to remunerative work either for an employer or self-employment.cralaw:red
(r) "Occupation"
refers to the collection of jobs which is sufficiently similar with
regard
to their main task to be grouped together under a common title.cralaw:red
(s) "Job" refers
to all the tasks carried out by a particular person in the completion
of
his prescribed duties.cralaw:red
(t) "Task" refers
to a major element of work or combination of elements by means of which
a specific result is achieved.
RULE II
Functions and
Areas of Responsibility
SECTION 1. Functions
of the Council. — The Council shall take charge of the training and
development
of human resources, institutions, and formulate such integrated plans,
policies, programs, and projects that will ensure efficient and proper
allocation, accelerated development and optimum utilization of the
nation's
manpower, and thereby promote employment and accelerate economic and
social
growth.cralaw:red
SECTION 2. National
manpower plan. — The Council shall:
(a)
Formulate a long term plan which shall be the controlling plan for the
development of manpower resources for the entire country;
(b) Carry
out
the approved manpower plan, and promulgate policies and standards for
manpower
and youth development calculated to develop and upgrade occupational
skills
of the labor force.
SECTION 3.
Administration
of training programs. — To integrate national manpower development
efforts,
the Council shall coordinate all manpower training schemes, except
apprenticeship
and learnership programs, particularly those having to do with the
setting
of skills standards. The Council may regulate existing manpower
training
programs of the government and the private sector to make them conform
with national development programs, and for this purpose all manpower
training
programs shall be reported to the Council.
SECTION 4. Regional
manpower development offices. — The Council shall establish regional
manpower
development offices for the effective supervision, coordination and
integration
of manpower training centers, programs and projects, and all human
resources
development efforts in their respective jurisdictions.cralaw:red
SECTION 5. Industry
boards. — The Council shall set up industry boards to assist in the
establishment
of manpower development schemes, trade and skills standards and such
other
functions as will provide direct participation of employers and workers
in the fulfillment of Council objectives.cralaw:red
SECTION 6. Incentive
scheme. — The Council shall establish an incentive scheme which shall
provide
additional tax deduction to persons or enterprises undertaking
development
programs, other than apprenticeship, as approved by the Council.cralaw:red
SECTION 7. Research.
— The Council shall conduct continuous assessment and study of the
nature,
behavior and use of the country's stock of human resources and study
areas
directly or indirectly related to human resources development. This it
shall do by way of:
(a)
Engaging directly in studies, researches and surveys; and
(b)
Engaging
the services of duly recognized and competent individuals, groups of
individuals,
institutions, schools and universities or research outfits, through
contracts,
grants or any appropriate arrangement.
In any case,
documents,
materials or whatever output or results from the activities above shall
form part of the property of the Council.
SECTION 8. Evaluation.
— The Council shall evaluate the output of human resources development
programs to gear educational and training objectives to requirements of
the annual investment priorities plan and maximum economic growth.cralaw:red
SECTION 9. Training
assistance. — The Council shall provide training assistance to any
employer
or organization upon approval of an appropriate project proposal.cralaw:red
SECTION 10.
Employment promotion schemes. — The Council shall adopt employment
promotion
schemes to channel unemployed youth to meet manpower shortages or other
occupations.cralaw:red
SECTION 11.
Director-General authorized to enter into agreements. — The
Director-General,
acting on behalf of the Council, shall enter into agreements necessary
to implement manpower programs, and act upon nominations of Philippine
citizens for training in other countries.cralaw:red
SECTION 12.
Coordination of employment service. — The Council shall coordinate
employment
service activities with the Bureau of Employment Services particularly
in the measurement of unemployment and under-employment, the conduct of
local manpower resources surveys and occupational studies including an
inventory of the labor force, and the establishment as well as
maintenance
without charge of a national register of technicians and other skilled
manpower who have successfully completed training programs under the
Council,
including its periodic publication, and the maintenance of an adequate
and up-to-date system of employment information.cralaw:red
SECTION 13.
National standards of trade skills. — The Council shall establish and
implement
a national standards of trade skills, testing and certification.cralaw:red
SECTION 14.
Administration of technical assistance programs. — The Council shall
exercise
authority, administration, and jurisdiction over ongoing technical
assistance
programs and grants-in-aids for manpower and youth development, both
local
and foreign, through a system that shall be formulated by the Council.cralaw:red
SECTION 15.
Annual report to the President. — The Council shall report annually to
the President on the progress of the Manpower Plan.
RULE III
Training and
Development
SECTION 1. Responsibility
of the NMYC for training and development. — The NMYC shall provide,
through
its Secretariat, instructor training, entrepreneurship development,
training
in vocations, trades and other fields of employment, and assist any
employer
or organization in developing training schemes under such rules and
regulations
as the Council may establish for this purpose.cralaw:red
SECTION 2. Integration
of training programs. — The Council shall coordinate all manpower
training
schemes, apprenticeship and learnership programs, particularly the
setting
of skills standards. It may regulate existing manpower training
programs
of the government and the private sector to make them conform with the
national development programs.cralaw:red
SECTION 3. Obligation
to report. — All manpower training programs, whether in the government
or in the private sector shall be reported to the Council in a form to
be prescribed by it.cralaw:red
SECTION 4. Application
for NMYC assistance. — Any person or entity, private or public, that is
engaged or desires to engage in training may request the NMYC for
assistance
by filing with its Director-General an appropriate project proposal.cralaw:red
SECTION 5. Requirements
of training program proposal. — The training program proposal shall be
submitted in the form prescribed by the NMYC. The proposal shall
include,
among others the following:
(a)
Objectives of training;
(b) Type
of
training, whether for basic skills training, further training,
instructor
training, cooperative settlement training, entrepreneurship training,
vocational
preparation training, and special projects training;
(c)
Training
schedules and program of activities;
(d)
Educational
background of the trainee;
(e) Course
content
or syllabus;
(f)
Personnel
requirements (training staff);
(g)
Estimate
of supplies and materials required;
(h)
Training
facilities and equipment;
(i) Cost
estimates
and budgetary allocation.
SECTION 6.
Actions
on application for training assistance. — The Director-General shall
approve
or disapprove the application within ninety (90) calendar days from
submission
thereof.
SECTION 7. Criteria
for approval. — The applicant shall qualify for assistance if he can
establish
to the satisfaction of the Director-General that the project for which
training assistance is being sought falls under NMYC priorities, is
feasible,
is labor-intensive, has the built-in-capacity for job creation and
placement,
and that the applicant is in a position to comply with the minimum
requirements
set by NMYC on training facilities, training staff, course syllabus and
training methodology.cralaw:red
SECTION 8. Allowable
training expenses. — The training assistance of NMYC shall be in the
form
of personal services, travelling expenses, equipment, training tools,
training
supplies and materials, and a reasonable amount for contingencies.cralaw:red
SECTION 9. Termination
of training project. — The Director-General may terminate any training
program or project should evaluation prove that the training
center/project
has not complied with any of the requirements of the approved project
proposal
or should there be violation of any of the provisions of the relevant
Memorandum
Agreement.cralaw:red
SECTION 10.
Incentive scheme. — An additional deduction from taxable income of
one-half
of the value of labor training expenses incurred for developing or
upgrading
the productivity and efficiency of unskilled labor or for management
development
programs shall be granted to the person or enterprise concerned,
provided
such training program is approved by the Council and provided further
that
such deduction shall not exceed 10 percent of direct labor wage.cralaw:red
There shall
be a review of the said scheme two years after its implementation.cralaw:red
SECTION 11.
Coverage of the incentive scheme. — Subject to the limitations
prescribed
by law and these Rules, training expenses incurred in connection with
organized
manpower training programs may be deducted from the taxable income of
the
person or enterprise concerned, provided such training programs shall
have
been submitted to the NMYC for evaluation and approval except those
covered
by the apprenticeship program. Training programs undertaken by training
institutions and/or associations operating for profit shall not qualify
under this incentive scheme.
RULE IV
Industry Boards
SECTION 1. NMYC
to establish industry boards. — The Council shall establish industry
boards
to assist in the establishment of manpower development schemes, trades
and skills standards and such other functions as will provide direct
participation
of employers and workers in the fulfillment of the Council's objectives
in accordance with the guidelines to be established by the Council in
consultation
with the National Economic and Development Authority.cralaw:red
The maintenance
and operation of the Industry Boards shall be financed through a
funding
scheme under such rates of fees and manner of collection and
disbursement
as may be determined by the Council.cralaw:red
SECTION 2. Preparatory
activities. — In setting up such industry boards as may be necessary,
the
NMYC shall:
(a)
Establish in consultation with industry and appropriate government
agencies
an Industry Classification Scheme for the whole economy;
(b)
Determine
priority industries where Industry Boards should be set up; and
(c)
Establish
criteria for determining to which industry board a certain firm or
establishment
properly belongs.
SECTION 3.
Powers
of the NMYC over the industry boards. — The NMYC shall have the power
and
authority:
(a)
To determine the composition of the industry boards;
(b) To
establish
the scope of authority, functions and relationships of the boards
vis-a-vis
other agencies and organizations; and
(c) To
determine
the mode of financing for the boards.
RULE V
National Skills
Standards
SECTION 1. Establishment
of skills standards. — There shall be national skills standards for
industry
trades to be established by the Council in consultation with employers'
and workers' organizations and appropriate government authorities. The
Council shall thereafter administer the national skills standards.cralaw:red
SECTION 2. Objectives.
— (a) To improve the level of skills of workers in industry;
(b) To assist
in the development of human resources by providing a precise means of
assessing
the skilled manpower of the country, both qualitatively and
quantitatively;
and
(c) To improve
industrial relations by providing common ground for negotiations
between
employers and workers relating to terms and conditions of skilled
workers.cralaw:red
SECTION 3. Composition.
— There shall be set up a National Committee on Trade Skills Standards,
Testing and Certification, composed of the Director-General as
Chairman,
the Director of the National Manpower Skills Center, the Director of
the
Bureau of Apprenticeship, and one representative each from industrial
employers,
industrial workers, Department of Education, Culture and Sports,
Department
of Trade and Industry, organizations of mechanical engineers,
electrical/electronic
engineers, and civil engineers.cralaw:red
SECTION 4. Functions.
— The National Committee on Trade Skills Standards, Testing and
Certification
shall have the following functions and responsibilities:
(a)
To propose for the approval of the Council national trade skills
standards
for various trades and occupations;
(b) To
approve
trade tests appropriate to each national trade skill standards;
(c) To
appoint
trade committees of experts to advise the National Committee on the
content
of national trade skills standards and the form of the trade tests; and
(d) To
advise
generally on the implementation of the national trade skills standards,
testing and certification program.
SECTION 5.
Trade
committees. — There shall be created trade committees to be composed of
experts from government, employers, and employees' sectors, to advise
the
National Committee on the content of the standards and the appropriate
trade tests.
SECTION 6. Trade
testing board. — Trade testing and certification shall be carried out
by
a Trade Testing Board composed of three persons representing
government,
employers and workers to be chosen by the National Committee.
RULE VI
Apprenticeship
Training and Employment of Special Workers
SECTION 1. Objectives.
— The promotion, development, and maintenance of apprenticeship
programs
shall have the following objectives:
(a)
To meet the needs of the economy for training manpower in the widest
possible
range of employment;
(b) To
establish
a national apprenticeship program through the participation of
employers,
workers, government, civic and other groups; and
(c) To
establish
apprenticeship standards for the protection of apprentices and
upgrading
of skills.
SECTION 2.
Definition
of terms. —
(a)
"Apprenticeship" means any training on the job supplemented by related
theoretical instructions involving apprenticeable occupations and
trades
as may be approved by the Secretary of Labor and Employment.
(b)
"Apprentice"
is a worker who is covered by a written apprenticeship agreement with
an
employer.
(c)
"Apprenticeship
agreement" is a written employment contract wherein the employer binds
himself to train the apprentice and the latter in turn agrees to work
for
the employer.
(d)
"Apprenticeable
occupation" means any trade, form of employment or occupation approved
for apprenticeship by the Secretary of Labor and Employment, which
requires
for proficiency more than three months of practical training on the job
supplemented by related theoretical instructions.
(e)
"Apprenticeship
standards" means the written implementing plans and conditions of an
apprenticeship
program.
(f)
"Bureau"
means the Bureau of Apprenticeship.
(g)
"Employer"
means the individual firm or any other entity qualified to hire
apprentice
under the Code.
(h) "On
the
job training" is the practical work experience through actual
participation
in productive activities given to or acquired by an apprentice.
(i)
"Related
theoretical instructions" means technical information based on
apprenticeship
standards approved by the Bureau designed to provide the apprentice
theoretical
competence in his trade.
(j)
"Highly
Technical Industries" means trade, business, enterprise, industry, or
other
activity, which is engaged in the application of advanced technology.
SECTION 3.
Voluntary
nature of apprenticeship program. — The organization of apprenticeship
program shall be primarily a voluntary undertaking of employers, except
as otherwise provided.
SECTION 4. Venue
of on-the-job training. — The practical aspect of on-the-job training
of
apprentices may be undertaken:
(a)
In the plant, shop or premises of the employer or firm concerned if the
apprenticeship program is organized by an individual employer or firm;
(b) In the
premises
of one or several firms designated for the purpose by the organizer of
the program if such organizer is an association of employers, civic
group
and the like; and
(c) In a
Department
of Labor and Employment Training Center or other public training
institutions
with which the Bureau has made appropriate arrangements.
SECTION 5.
On-the-job
training to be explicitly described. — The manner in which practical or
on-the-job training shall be provided must be specifically described in
the apprenticeship standards of a particular program.
SECTION 6. Recognition
of apprenticeship programs. — To enjoy the benefits which the Bureau or
other government agencies may extend to duly recognized apprenticeship
programs, an employer shall submit in quadruplicate to the Training
Section
of the appropriate Apprenticeship Division of the appropriate Regional
Office the apprenticeship standards of the proposed program prepared in
accordance with guidelines set by the Bureau.cralaw:red
If the apprenticeship
standards are found in order, a certificate of recognition shall be
issued
by the Apprenticeship Division concerned within five (5) days from
receipt
thereof.cralaw:red
SECTION 7. Benefits
accruing to recognition. — An entity with a recognized apprenticeship
program
shall be entitled to technical and other assistance from the Bureau and
other government agencies and to the corresponding training-expense
deduction
from its income tax. The rate of such tax deduction incentive and the
procedure
of availment thereof are provided in Section 42 of this Rule.cralaw:red
SECTION 8. Trades
to be included in apprenticeship programs. — Only trades and
occupations
declared apprenticeable by the Secretary of Labor and Employment may be
included in apprenticeship programs.cralaw:red
SECTION 9. Who
may establish programs. — Any entity, whether or not organized for
profit
may establish or sponsor apprenticeship programs and employ apprentices.cralaw:red
SECTION 10.
Assistance by non-profit entities. — In lieu of organizing programs,
non-profit
entities may:
(a)
Execute an agreement with firms of their choice with on-going
apprenticeship
programs, directly or through the Department of Labor and Employment,
assuming
responsibility for training deserving apprentices selected by an
employer
who shall pay the apprentices;
(b) Give
financial
and other contributions for the promotion of apprenticeship programs; or
(c)
Provide
other forms of assistance.
Apprentices who
train under such programs shall be properly identified in
apprenticeship
agreements with the employer. However, responsibility for compliance
with
employees' compensation, social security, medicare and other labor laws
shall remain with the employer who benefits from the productive efforts
of the apprentices.
SECTION 11.
Qualifications of apprentices. — To qualify as apprentice, an applicant
shall:
(a)
Be at least fifteen years of age; provided those who are at least
fifteen
years of age but less than eighteen may be eligible for apprenticeship
only in non-hazardous occupations;
(b) Be
physically
fit for the occupation in which he desires to be trained;
(c)
Possess
vocational aptitude and capacity for the particular occupation as
established
through appropriate tests; and
(d)
Possess
the ability to comprehend and follow oral and written instructions.
Trade and
industry
associations may, however, recommend to the Secretary of Labor and
Employment
appropriate educational qualifications for apprentices in certain
occupations.
Such qualifications, if approved, shall be the educational requirements
for apprenticeship in such occupations unless waived by an employer in
favor of an applicant who has demonstrated exceptional ability. A
certification
explaining briefly the ground for such waiver, and signed by the person
in charge of the program, shall be attached to the apprenticeship
agreement
of the applicant concerned.
SECTION 12.
Aptitude tests. — An employer who has a recognized apprenticeship
program
shall provide aptitude tests to apprentice-applicants. However, if the
employer does not have adequate facilities, the Department of Labor and
Employment may provide the service free of charge.cralaw:red
SECTION 13.
Physical fitness. — Total physical fitness need not be required of an
apprentice-applicant
unless it is essential to the expeditious and effective learning of the
occupation. Only physical defects which constitute real impediments to
effective performance as determined by the plant apprenticeship
committee
may disqualify an applicant.cralaw:red
SECTION 14.
Free physical examination. — Physical examination of
apprentice-applicant
preparatory to employment shall be provided free of charge by the
Department
of Health or any government hospital. If this is not feasible, the firm
or entity screening the applicant shall extend such service free of
charge.cralaw:red
Any entity with
an apprenticeship program may elect to assume the responsibility for
physical
examination provided its facilities are adequate and all expenses are
borne
exclusively by it.cralaw:red
SECTION 15.
Apprenticeable trades. — The Bureau shall evaluate crafts and
operative,
technical, nautical, commercial, clerical, technological, supervisory,
service and managerial activities which may be declared apprenticeable
by the Secretary of Labor and Employment and shall have exclusive
jurisdiction
to formulate model national apprenticeship standards therefor.cralaw:red
SECTION 16.
Model standards. — Model apprenticeship standards to be set by the
Bureau
shall include the following:
(a)
Those affecting employment of apprentices under different occupational
conditions;
(b) Those
involving
theoretical and proficiency tests for apprentices during their training;
(c) Areas
and
duration of work and study covered by on-the-job training and
theoretical
instructions of apprenticeable trades and occupations; and
(d) Those
referring
to the qualifications of trainers of apprentices.
SECTION 17.
Participation
in standards setting. — The Bureau may request any legitimate worker's
and employer's organizations, civic and professional groups, and other
entities whether public or private, to assist in the formulation of
national
apprenticeship standards.
SECTION 18.
Contents of agreement. — Every apprenticeship agreement shall include
the
following:
(a)
The full names and addresses of the contracting parties;
(b) Date
of
birth of the apprentice;
(c) Name
of
the trade, occupation or job in which the apprentice will be trained
and
the dates on which such training will begin and will approximately end;
(d) The
approximate
number of hours of on-the-job training as well as of supplementary
theoretical
instructions which the apprentice shall undergo during his training;
(e) A
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;
(f) The
graduated
scale of wages to be paid the apprentice;
(g) The
probationary
period of the apprentice during which either party may summarily
terminate
their agreement; and
(h) 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.
SECTION 19.
Apprenticeship
period. — The period of apprenticeship shall not exceed six (6) months.
(a)
Four hundred (400) hours or two (2) months for trades or occupations
which
normally require a year or more for proficiency; and
(b) Two
hundred
(200) hours or one (1) month for occupations and jobs which require
more
than three months but less than one year for proficiency.
At least five
(5)
working days before the actual date of termination, the party
terminating
shall serve a written notice on the other, stating the reason for such
decision and a copy of said notice shall be furnished the
Apprenticeship
Division concerned.
SECTION 20.
Hours of work. — Hours of work of the apprentice shall not exceed the
maximum
number of hours of work prescribed by law, if any, for a worker of his
age and sex. Time spent in related theoretical instructions shall be
considered
as hours of work and shall be reckoned jointly with on-the-job training
time in computing in the agreement the appropriate periods for giving
wage
increases to the apprentice.cralaw:red
An apprentice
not otherwise barred by law from working eight hours a day may be
requested
by his employer to work overtime and paid accordingly, provided there
are
no available regular workers to do the job, and the overtime work thus
rendered is duly credited toward his training time.cralaw:red
SECTION 21.
Previous training or experience. — A prospective apprentice who has
completed
or otherwise attended a vocational course in a duly recognized trade or
vocational school or training center or who has had previous experience
in the trade or occupation in which he desires to be apprenticed shall
be given due credit therefor.cralaw:red
Both practical
and theoretical knowledge shall be evaluated and the credit shall
appear
in the apprenticeship agreement which shall have the effect of
shortening
the training and servicing as a basis for promoting him to a higher
wage
level. Such credit shall be expressed in terms of hours.cralaw:red
SECTION 22.
Parties to agreement. — Every apprenticeship agreement shall be signed
by the employer or his duly authorized representative and by the
apprentice.cralaw:red
An apprenticeship
agreement with a minor shall be signed in his behalf by his parent or
guardian,
or if the latter is not available, by an authorized representative of
the
Department of Labor and Employment.cralaw:red
SECTION 23.
Bureau and Apprenticeship Division of Regional Office concerned to be
furnished
copy of agreement. — The employer shall furnish a copy of the
apprenticeship
agreement to the Bureau and Apprenticeship Division of Regional Office
concerned and the agency which shall provide related theoretical
instructions
if the employer is not the one who will give such instructions. The
copies
shall be sent by the employer within five (5) working days from the
date
of execution thereof. If the agreement is found defective and serious
damage
would be sustained by either party if such defect is not corrected, the
Apprenticeship Division shall advise the employer within five (5)
working
days not to implement the agreement pending amendment thereof. Other
defects
may be correlated without suspending the effectivity of the agreement.cralaw:red
SECTION 24.
Enforcement of agreement. — No person shall institute any action for
the
enforcement of any apprenticeship agreement or for damages for breach
thereof,
unless he has exhausted all available administrative remedies. The
plant
apprenticeship committee shall have initial responsibility for settling
differences arising out of apprenticeship agreements.cralaw:red
SECTION 25.
Valid cause to terminate agreement. — Either party to an agreement may
terminate the same after the probationary period only for a valid
cause.
The following are valid causes for termination:
By the employer
— (a) Habitual absenteeism in on-the-job training and related
theoretical
instructions;
(b)
Willful disobedience of company rules or insubordination to lawful
order
of a superior;
(c) Poor
physical
condition, permanent disability or prolonged illness which
incapacitates
the apprentice from working;
(d) Theft
or
malicious destruction of company property and/or equipment;
(e) Poor
efficiency
or performance on the job or in the classroom for a prolonged period
despite
warnings duly given to the apprentice; and
(f)
Engaging
in violence or other forms of gross misconduct inside the employer's
premises.
By the
apprentice
— (a) Substandard or deleterious working conditions within the
employer's
premises:
(b)
Repeated violations by the employer of the terms of the apprenticeship
agreement;
(c) Cruel
or
inhuman treatment by the employer or his subordinates;
(d)
Personal
problems which in the opinion of the apprentice shall prevent him from
a satisfactory performance of his job; and
(e) Bad
health
or continuing illness.
SECTION 26.
Procedure
of termination. — The procedure for effecting termination shall be
embodied
in appropriate instructions to be prepared by the Bureau and approved
by
the Secretary of Labor and Employment.
SECTION 27.
Theoretical instructions by employer. — Related theoretical
instructions
to apprentices may be undertaken by the employer himself if he has
adequate
facilities and qualified instructors for the purpose. He shall indicate
his intention to assume such responsibility in the apprenticeship
standard
of his program. The course outline and the bio-data of the instructors
who will conduct the course shall conform with the standards set by the
Department.cralaw:red
SECTION 28.
Ratio of theoretical instruction and on-the-job training. — The normal
ratio is one hundred (100) hours of theoretical instructions for every
two thousand (2,000) hours of practical or on-the-job training.
Theoretical
instructions time for occupations requiring less than two thousand
hours
for proficiency shall be computed on the basis of such ratio.cralaw:red
SECTION 29.
Wages. — The wage rate of the apprentice shall start at seventy five
(75%)
per cent 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.cralaw:red
SECTION 30.
Tripartite apprenticeship committees. — The creation of a plant
apprenticeship
committee for every apprenticeship program shall be necessary. The
Department
of Labor and Employment shall encourage the organization of
apprenticeship
committees at trade, industry or other levels. As much as possible
these
committees shall consist of management, labor and government
representatives.cralaw:red
SECTION 31.
Non-tripartite committees. — Where tripartism is not feasible, the
apprenticeship
committee may be composed of:
(a)
Technical personnel in the plant, trade or industry concerned;
(b) Labor
and
management representatives.
Representatives
of cooperative, civic and other groups may also participate in such
committees.
SECTION 32.
Duties of apprenticeship committees. — An apprenticeship committee at
any
level shall be responsible for the following duties:
(a)
Act as liaison between the apprentice and the employees;
(b)
Mediate
and/or settle in the first instance differences between the employer
and
the apprentices arising out of an apprenticeship agreement;
(c)
Maintain
a constant follow-up on the technical progress of the program and of
the
apprentices in particular;
(d)
Recommend
to the Apprenticeship Division of the Regional Office concerned the
issuance
of certificates of completion to apprentices.
SECTION 33.
Creation
of ad hoc advisory committees. — The Secretary of Labor and Employment
may create ad hoc committees consisting of representatives of
management,
labor and government on the national, regional and local levels to
advise
and assist him in the formulation of policy, promotion of
apprenticeship
and other matters he may deem appropriate to refer to them.
SECTION 34.
Use of training centers. — The Department may utilize the facilities
and
services of the National Manpower and Youth Council, the Department of
Education, Culture and Sports and other public training institutions
for
the training of apprentices.cralaw:red
SECTION 35.
Coordination of training activities. — The apprenticeship Division
shall
coordinate with the above training centers all activities relating to
apprenticeship.
The Bureau, through the Apprenticeship Division, shall provide
technical
guidance and advice to the centers.cralaw:red
SECTION 36.
Priority in use of training centers. — Priority in the use of training
centers shall be given to recognized apprenticeship programs in skills
which are highly in demand in specific regions or localities as
determined
through surveys. The Bureau shall recommend to the Secretary of Labor
and
Employment the establishment of priorities based on data supplied by
the
Bureau of Local Employment, Labor Statistics Service, the National
Manpower
and Youth Council, and its own fundings. The Secretary of Labor and
Employment
may, however, also act on the basis of petitions presented by qualified
entities which are willing to bear the costs of training.cralaw:red
SECTION 37.
Issuance of certificates. — Upon completion of his training, the
apprentice
shall be issued a certificate of completion of apprenticeship by the
Apprenticeship
Division of the Regional Office concerned.cralaw:red
SECTION 38.
Certificate of meritorious service. — A certificate of meritorious
service
may be awarded by the Secretary of Labor and Employment to
apprenticeship
committees or other entities which have rendered outstanding service to
the cause of apprenticeship.cralaw:red
SECTION 39.
Certificate, evidence of skills. — A certificate of completion of
apprenticeship
shall be evidence of the skills specified therein in accordance with
national
skills standards established by the Department.cralaw:red
SECTION 40.
Apprenticeship without compensation. — The Secretary of Labor and
Employment
through the Apprenticeship Division, may authorize the hiring of
apprentices
without compensation whose training on the job is required by the
school
curriculum as a prerequisite for graduation or for taking a government
board examination.cralaw:red
SECTION 41.
Compulsory apprenticeship. — (a) When grave national emergencies,
particularly
those involving the security of the state, arise or particular
requirements
of economic development so demand, the Secretary of Labor and
Employment
may recommend to the President of the Philippines the compulsory
training
of apprentices required in a certain trades, occupations, jobs or
employment
levels where shortage of trained manpower is deemed critical;
(b) Where services
of foreign technicians are utilized by private companies in
apprenticeable
trades said companies are required to set up appropriate apprenticeship
programs.cralaw:red
SECTION 42.
Certification from Apprenticeship Division. — An employer desiring to
avail
of the tax deduction provided under the Code shall secure from the
Apprenticeship
Division a certification that his apprenticeship program was
operational
during the taxable year concerned. Such certification shall be attached
to the employer's income tax returns for the particular year.
Guidelines
for the issuance of such certification shall be prepared by the Bureau
and approved by the Secretary of Labor and Employment.
RULE VII
Learners
SECTION 1. Definition
of terms. — (a) "Learner" is a person hired as a trainee in industrial
occupations which are non-apprenticeable and which may be learned
through
practical training on the job for a period not exceeding three (3)
months,
whether or not such practical training is supplemented by theoretical
instructions.cralaw:red
(b) "Learnership
agreement" refers to the employment and training contract entered into
between the employer and the learner.cralaw:red
SECTION 2. When
learners may be employed. — Learners may be employed when no
experienced
workers are available, the employment of learners being necessary to
prevent
curtailment of employment opportunities, and such employment will not
create
unfair competition in terms of labor costs nor impair working standards.cralaw:red
SECTION 3. Approval
of learnership program. — Any employer who intends to employ learners
shall
submit in writing to the Apprenticeship Division of the Regional Office
concerned, copy furnished the Bureau, his learnership program, which
the
Division shall evaluate to determine if the occupation involved is
learnable
and the program is sufficient for the purpose of training. Within five
(5) working days from receipt of the program, the Division shall make
known
its decision to the employer concerned. A learnership program shall be
subject to periodic inspection by the Secretary of Labor and Employment
or his duly authorized representative.cralaw:red
SECTION 4. Contents
of learnership agreement. — A learnership agreement, shall include:
(a) The names
and addresses of the employer and the learner;
(b) The occupation
to be learned and the duration of the training period which shall not
exceed
three (3) months;
(c) The wage
of learner which shall be at least 75 percent of the applicable minimum
wage; and
(d) A commitment
to employ the learner, if he so desires, as a regular employee upon
completion
of training.cralaw:red
A learner who
has worked during the first two months shall be deemed a regular
employee
if training is terminated by the employer before the end of the
stipulated
period through no fault of the learner.cralaw:red
SECTION 5. Parties
to learnership agreement. — Every learnership agreement shall be signed
by the employer or his duly authorized agent and by the learner. A
learnership
agreement with a minor shall be signed by the learner with the
conformity
of his parent or guardian.cralaw:red
The employer
shall furnish a copy each of the learnership agreement to the learner,
the Bureau, and the Apprenticeship Division of the appropriate Regional
Office within five (5) working days following its execution by the
parties.cralaw:red
SECTION 6. Employment
of minors as learners. — A minor below fifteen (15) years of age shall
not be eligible for employment as a learner. Those below eighteen (18)
years of age may only be employed in non-hazardous occupations.cralaw:red
SECTION 7. Cancellation
of learnership programs. — The Secretary of Labor and Employment may
cancel
any learnership program if upon inquiry it is found that the
justification
for the program no longer exists.
RULE VIII
Handicapped
Workers
SECTION 1. Definition
of terms. — (a) "Handicapped workers" are those whose earning capacity
is impaired by age or physical or mental deficiency or injury.cralaw:red
(b) "Employment
agreement" is the contract of employment entered into between the
employer
and the handicapped worker.cralaw:red
SECTION 2. When
handicapped workers may be employed. — Handicapped workers may be
employed
when their employment is necessary to prevent curtailment of employment
opportunities and when it does not create unfair competition in labor
costs
or impair working standards.cralaw:red
SECTION 3. Contents
of employment agreement. — An employer who hires a handicapped worker
shall
enter into an employment agreement with the latter which shall include:
(a) The names
and addresses of the employer and the handicapped worker;
(b) The rate
of pay of the handicapped worker which shall not be less than
seventy-five
(75%) percent of the legal minimum wage;
(c) The nature
of work to be performed by the handicapped worker; and
(d) The duration
of the employment.cralaw:red
SECTION 4. Copy
of agreement to be furnished to Division. — A copy each of the
employment
agreement shall be furnished by the employer to the handicapped worker
and the Apprenticeship Division involved. The Secretary of Labor and
Employment
or his duly authorized representative may inspect from time to time the
working conditions of handicapped workers to verify compliance by the
parties
with their employment agreement.cralaw:red
SECTION 5. Eligibility
for apprenticeship. — Handicapped workers shall not be precluded from
employment
as apprentices or learners if their handicap is not such as to
effectively
impede the performance of job operations in the particular trade or
occupation
which is the subject of the apprenticeship or learnership program.
|