REPUBLIC ACT NO. 5462 - AN ACT
ESTABLISHING A NATIONAL POLICY ON MANPOWER AND OUT-OF-SCHOOL YOUTH
PLANNING AND DEVELOPMENT, CREATING A NATIONAL MANPOWER AND YOUTH
COUNCIL AND OTHER INSTITUTIONS, AND FOR OTHER PURPOSES
(REPEALED BY PRESIDENTIAL DECREE
NO. 442)
SECTION 1. Title. — This Act shall be known as the
Manpower and Out-of-School Youth Development Act of the
Philippines.
Sec. 2. Declaration of Policy. — This Act is a
social legislation intended to take care of, train and develop human
resources and to establish institutions and formulate integrated plans,
programs and projects as will insure efficient and proper allocation,
accelerated development and optimum utilization of the nation's
manpower and out-of-school youth and thereby develop civic efficiency
and strengthen family life.
Sec. 3. Definitions. — For purposes of this Act,
the term "Manpower" shall be understood to mean that portion of the
nation's population which has actual or potential capability of
contributing directly to production of goods and services.
"Out-of-school youth" shall be understood to mean that portion of the
nation's population between the ages of twelve to seventeen years who
are not regularly enrolled and undergoing formal academic or vocational
training in an institution recognized by the government.
Sec. 4. National Manpower and Youth Council;
Creation and Composition. — To carry out the purposes and objectives of
this Act, there is hereby created in the Office of the President a
National Manpower and Youth Council, hereinafter referred to as the
Council composed of the Secretary of Labor as ex-officio chairman, the
Secretary of Education as ex-officio vice-chairman, and as ex-officio
members: the Chairman of the National Economic Council, the Secretary
of Agriculture and Natural Resources, the Secretary of Social Welfare,
the Secretary of Community Development, and the Chairman of the
National Science Development Board; and the Director-General of the
Council who shall have no vote. In addition, the President shall
appoint the following members from the private sector with the consent
of the Commission on Appointments: two representatives of national
organizations of industry; two representatives of national labor
organizations; and two from national family and youth organizations for
a term of three years and shall be and payment of travelling and
necessary expenses incurred in connection with their duties therewith.
The Council shall meet as often as may be necessary, but not more often
than thirty times within one year.
Sec. 5. Functions and Duties of the Council. — The
Council shall have the following duties and functions:
(a) To formulate integrated, comprehensive, long-term
plans for efficient allocation, accelerated development, and optimum
utilization of manpower and out-of-school youth for economic and
industrial growth and organize such training centers, programs and
projects as may be necessary to attain the objectives of this Act:
Provided, however, That all such programs and projects shall be purely
voluntary on the part of the trainees;
(b) To establish a National Manpower Skills Center
under its authority and supervision for demonstration and research in
accelerated manpower and youth training as well as regional and local
training centers for gainful occupational skills in suitable locations,
utilizing its own facilities and/or those of selected educational
institutions, government agencies, and voluntarily cooperating
employers, trainees and civic groups in nation-wide, industry-wide or
specific programs and projects, and to adopt employment promotion
schemes to channel unemployed youth to critical and other occupations;
(c) To promulgate policies and standards for manpower
and youth training, conduct studies and gather information on the size
and characteristics of the population and labor force, and adopt
policies in skills development among unemployed and underemployed
persons, as well as render assistance in skills upgrading among
craftsmen, technicians, trainers, and other persons;
(d) To administer all existing manpower and
development programs now being done under any department of the
government of the Philippines and on-going technical assistance
programs and/or grants in aid for manpower and youth development, and
those which may be entered into between the Government of the
Philippines and international and foreign organizations and nations, as
well as persons and organizations in the Philippines. The Council shall
have authority to enter into agreements needed to implement programs
and to act on nominations of citizens of the Philippines for training
in other countries or jurisdictions;
(e) To evaluate the output of human resource
development programs to gear educational and training objectives to the
requirements of the annual investments priorities plan and of rapid
economic development, and to study levels of wages and incentives for
the utilization of manpower in critical occupations;
(f) To provide training assistance to any employer or
group of employers, upon filing of the appropriate petition with the
Secretariat requesting for accelerated or other forms of training,
commencement or expansion of operations and upon the finding that the
trainees or a reasonable number thereof will be hired by the
petitioning employer or industry at the completion of the training
course, in which cases, screening, payment of training fees, and
pretesting of trainees shall pertain to the applicant firm or industry
including the use of equipment and supplies for training purposes;
(g) To submit an annual report to the President and
to Congress on plans, programs and projects on manpower training and
out-of-school youth development. For this purpose, the Council may
require all government agencies to provide information in the
preparation of said report; and
(h) To perform such other functions as wilfully carry
out the declared national policy on manpower and out-of-school youth
under this Act.
Sec. 6. Council Secretariat. — For the fulfillment
of the objectives of this Act and the efficient performance of its
functions, the Council shall have a Secretariat headed by a
Director-General appointed by the President on recommendation of the
Council with the consent of the Commission on Appointments. The
Director General shall organize the Secretariat, subject to the
approval of the Council. The Secretariat shall have an Office of
Manpower Planning and Development, an Office of Out-of- School Youth
Development, and a National Manpower Skills Center.
The Director-General shall have the rank and emoluments of an
undersecretary and shall serve for a term of ten years. The directors
of the offices and the skills center shall have the rank and emoluments
of a bureau director and shall be subject to civil service rules. The
Director-General and directors shall be natural born citizens, from 35
to 50 years of age at the time of appointment, have a masters degree or
its equivalent, and experience in national planning and development of
human resources. The director of the Skills Center shall, in addition
to the foregoing qualifications, have undergone training in center
management. Directors shall be appointed by the President on
recommendation of the Council with the consent of the Commission on
Appointments.
Sec. 7. Manpower Training Consultative Board and
Youth Consultative Board. — There are hereby established in the
Secretariat the following consultative boards:
(a) Manpower Training Consultative Board of not more
than 10 members, composed of the Director-General as ex-officio
chairman, the directors of the Office of Manpower Planning and
Development and the Bureau of Vocational Education as ex-officio
vice-chairman and, as members, three representatives of labor and
representatives of such industries as shall be determined by the
Council upon recommendation of the Director-General. The Board shall
provide technical guidance and accreditation standards for measurement
of proficiency among workers, and vocational-industrial trainers on all
levels of industry and government.
(b) Youth Consultative Board of not more than 10
members, composed of the Director General as ex-officio chairman, the
director of Out-of-School Youth Development Office as vice-chairman and
as members: the director of the Women and Minors Bureau and such
consultants necessary for the work of the Office of Out-of-School Youth
Development upon recommendation of the Director of said Office and
appointment by the Council, which shall provide technical guidance in
the planning and conduct of out-of-school youth training and
development programs and projects, as well as long-range policies in
their effective guidance for economic and industrial growth.
The honoraria and travelling and other necessary expenses of
representatives and consultants shall be determined by the Council. In
addition, the Secretariat may avail of the technical guidance of
persons, groups, and organizations as may in its judgment aid in the
effective performance of its functions and duties under this Act.
Sec. 8. Local Manpower and Youth Committees. — The
Council shall have the authority to establish in the province and
chartered cities local manpower and youth committees: Provided,
however, That such committees shall not include as members thereof
officers, enlisted men or any personnel of the Armed Forces of the
Philippines or of the Philippine Constabulary. Subject to the approval
of the Council, the committees shall plan and conduct accelerated
manpower training and out-of-school youth projects, determine manpower
needs of industry, agriculture, and other sectors of the economy within
their respective jurisdictions, and perform other duties as may be
assigned by the Council or by law. Each committee shall be composed of
the head of the city or provincial development board or agency as
chairman, the head of the training center as vice-chairman, with one
prominent leader of industry, one prominent labor leader, and one civic
or education leader as members who shall receive no compensation except
per diems at fifteen pesos for each monthly meeting and payment of
travelling expenses incurred in connection with their duties therewith.
Committee members shall be appointed by the Council and serve for a
term of three years.
Sec. 9. Employment Service Training Functions. —
The Office of Manpower Services under the Department of Labor shall
render assistance to the Council in the measurement of unemployment and
underemployment, conduct of local manpower resource surveys and
occupational studies including an inventory of the labor force,
establishment and maintenance without charge of a national register of
technicians who have successfully completed a training program under
this Act, and skilled manpower including its periodic publication,
maintenance of an adequate and up-to-date system of employment
information and for this purpose, all chartered cities and provinces
shall organize local employment offices under the administrative
control and the technical supervision of the Department of
Labor.
SECTION 10. Qualifications and Appointment of
Personnel. — The Director-General shall appoint such personnel as may
be necessary to carry out this Act, subject to civil service rules:
Provided, That except for those appointed to positions involving purely
clerical functions no person shall be entitled to permanent appointment
except upon satisfactory completion of such career development courses
as for manpower planning staff officers, manpower training officers,
youth development officers, youth training officers and like or
relevant courses as shall be prescribed by the Council: and Provided,
further, That after one year from the approval of this Act, the Civil
Service Commission, with the assistance of the Council shall hold
appropriate competitive written and oral examinations as basis for
permanent appointments therein. The Director-General shall see to it
that appointees are selected on the basis of superior performance
standards in line with the highly specialized functions assigned in
this Act and shall certify to the same in appointments submitted for
attestation by the Civil Service Commission.
SECTION 11. Other Training Programs. — To avoid
duplication of functions and wasteful expenditure and in order to
standardize the quality of skills training through trade test standards
and measurements, training programs conducted regularly by other
government agencies and instrumentalities, not otherwise covered by the
provisions of this Act, shall be discontinued and whatever funds are
being diverted or used for existing manpower and youth development
programs shall revert to the offices to which they belong.
SECTION 12. Rules and Regulations. — The Council
shall issue the rules and regulations necessary to implement the
provisions of this Act.
SECTION 13. Appropriations. — To carry out the
provisions of this Act, the sum of twenty million pesos or so much
thereof as may be necessary is hereby appropriated out of the funds in
the national treasury not otherwise appropriated to be distributed as
follows:
(a) For personnel and maintenance expenses of the
Secretariat of the Council, the Manpower Training Consultative Board,
the Youth Consultative Board, and Local Manpower and Youth Committees,
the sum of two million pesos;
(b) For the establishment of the Council site,
buildings, and equipment of the National Manpower and Skills Center for
the implementations of technical assistance projects with the United
Nations and other foreign and international sources, the sum of six
million pesos;
(c) For the establishment and operation of manpower
training centers in the cities and provinces, the sum of six million
pesos; and
(d) For the establishment, maintenance and operation
of out-of-school youth centers, the sum of six million pesos.
Thereafter, the said amount or such amount as may be necessary shall be
included in the general appropriations Act.
SECTION 14. Separability. — If for any reason, any
part of this Act is declared unconstitutional or invalid, no other
section or provision of this Act shall be affected thereby.
SECTION 15. Repeal. — Any and all Acts, statutes,
rules and regulations or parts thereof inconsistent herewith are hereby
repealed, including Executive Order No. 83 series of 1967 and Executive
Order No. 53 of December 8, 1966.
SECTION 16. Effectivity. — This Act shall take effect
upon its approval.
Approved: April 11, 1969
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