BOOK TWO TITLE II

HUMAN RESOURCES DEVELOPMENT

TRAINING AND EMPLOYMENT OF
TITLE I SPECIAL WORKERS
NATIONAL MANPOWER DEVELOPMENT PROGRAM
CHAPTER I
CHAPTER I APPRENTICES
NATIONAL POLICIES AND ADMINISTRATOVE
MACHINERY FOR THEIR IMPLEMENTATION COVERAGE:
- Article 57-70
COVERAGE:
- Articles 43-56 (see the codal provisions of the Labor Article 57. STATEMENT OF PBJECTIVES
Code) This Title aims:
- See Republic Act No. 7796, the TESDA Act of 1994. 1) To help meet the demand of the economy for trained
manpower;
INCLUDES: 2) To establish a national apprenticeship program
1. Middle Level Manpower; Special Worker’s Definition through the participation of employers, workers and
2. TESDA Accredited to Apply jobs Abroad government and non-government agencies; and
3. TESDA Accredited Schools 3) To establish apprenticeship standards for the
4. Apprenticement Program Transfer to TESDA protection of apprentices.

NOTE: Article 58. DEFINITION OF TERMS

Article 44: DEFINITIONS: As used in this Title:
As used in this Title: a) “Apprenticeship” means practical training on the job
a) “MANPOWER” shall mean that portion of supplemented by related theoretical instruction.
the nation’s population which has actual or b) An “apprentice” is a worker who is covered by a written
potential capability to contribute directly to apprenticeship agreement with an individual employer or
the production of goods and services. any of the entities recognized under this Chapter.
c) An “apprenticeable” occupation” means any trade, form of
b) “ENTREPRENEURSHIP” shall mean employment or occupation which requires more than three
training for self-employment or assisting (3) months of practical training on the job supplemented by
individual or small industries within the related theoretical instruction. (See Section 4 [m], R.A. No.
purview of this Tilte. 7796, TESDA law.)
 d) “Apprenticeship agreement” is an employment contract 3) REQUISITES FOR EMPLOYMENT OF
wherein the employer binds himself to train the apprentice APPRENTICES
and the apprentice in turn accepts the terms of training. - The following are the requisites for the employment
of apprentices:
Article 59. a) The employer should be engaged in a
Article 60. business that is considered a highly technical
industry. A highly technical industry is a
COMMENTS: trade, business, enterprise, industry or other
1) GENERAL POLICY AND GUIDELINES IN THE activity which utilizes the application of
IMPLEMENTATION OF APPRENTICESHIP advanced technology.
PROGRAM b) The job with the apprentice will work on
- Apprenticeship, generally understood is the arrangement should be an apprenticeable occupation.
and the period when an upcoming worker undergoes
hands-on training, more or less formal, to learn the ropes of - The TESDA is the one who approves what are the
a skilled job. apprecticeable occupations.
- Through apprenticeship, a nation builds, as it were, an
army of workers possessing industrial skills. 4) APPRENTICEABE AGE
- The apprentice must be at least 15 years old as
- D.O. No. 8, Series of 1989, issued on March 9, 1989, the provided for in R.A. No. 7610.
policy of the Department of Labor and Employment is to:
a) Obtain the voluntary adoption of apprenticeship Article 61.
programs by employers and workers to help meet
the increasing demand for skilled manpower COMMENTS AND CASES
necessary for economic development, and Apprenticeship needs DOLE’S prior approval, or apprentice
b) Increase worker productivity through relevant and becomes regular
effective apprenticeship program. Case: Nitto Enterprises v. NLRC, and R. Capili, G.R. No.
114337, September 29, 1995
2) TESDA IMPLEMENTS THE APPRENTICESHIP - Ruling: Petitioner did not comply with the
PROGRAMS requirements of the law (See Article 61 of the Labor
- See Section 18 of the TESDA Act of 1994 Code) which provides that apprenticeship
agreements shall be entered into by the employer and
apprentice only in accordance with the
 apprenticeship program duly approved by the facilities as may be reasonable and necessary to
Minister of Labor and Employment. finish their chosen courses under such agreement.

- The apprenticeship agreement between Nitto and Question: If the student (referred to in the preceding
Capili has no force and effect in the absence of a implementing rule) injures a third party, does the school become
valid apprenticeship program duly approved by the liable?
DOLE. Hence, Capili’s assertion that he was hired
not as an apprentice but as a delivery boy deserves Answer: Filamer Christian Institute v. Hon. Intermediate
credence. He should be considered a regular Appellate Court, et al., G.R. No. 75112, August 17, 1992
employer.
- Ruling: After a re-examination of the laws relevant
Article 62. to the facts, the Court reconsidered its decision.
Article 63. Applying the Civil Code instead of the Labor Code,
Article 64. the Court finally ruled:
Article 65.
Article 66. - It is undisputed that Funtecha was a working
Article 67. student, being a part-time janitor and scholar of
Article 68. petitioner Filamer. He was, in relation to the school,
Article 69. an employee even if he was assigned to clean the
Article 70. school premises for only two (2) hours in the
Article 71. morning of each school day.
Article 72.
- Section 14, Rule X, Book III of the rules
COMMENTS AND CASES implementing the Labor Code is merely a guide to
Working Scholar; Liability of School the enforcement of the substantive law on labor. The
- In relation to Article 71, the Implementing Rules Court, thus, makes the distinction and so holds that
provide: There is no employer-employee relationship Section 14, Rule X, Book III of the rules is not the
between students on one hand, and schools, colleges decisive law in civil suit for damages instituted by an
and universities, on the other, where there is written injured person during a vehicular accident against a
agreement between them under which the former working student of a school and against the school
agree to work for the latter in exchange for the itself.
privilege to study for free of charge, provided the
students are given real opportunities, including such
 - The present case does not deal with a labor dispute A learner is not an apprentice But an apprentice is,
on conditions of employment between an alleged conceptually, also a learner.
employee and an alleged employer. It involves a The employer is committed to No such commitment exists in
claim brought by one for damages for injury caused hire the learner trainee as an apprenticeship.
employee after the training
by the patently negligent acts of a person, against
period.
both does-employee and his employer. Learnership is allowed even for Employment of apprentices, as
non-technical jobs. stated in Article 60, is legally
CHAPTER II allowed only in highly technical
LEARNERS industries and only in
apprenticeable occupations
approved by the DOLE.
Articles 73-77
COMMENTS
Definition under the TESDA Law.
LEARNERSHIP V. APPRENTICESHIP
a) Apprenticeship
- They are similar because they both mean training periods
 is training within employment with the
for jobs requiring skills that can be acquired through actual
compulsory related theoretical instruction
work experience. And because both a learner and an
involving a contract between an apprentice
apprentice are not as fully productive as regular workers, the
and employer on an approved apprenticeable
learner and the apprentice may be paid wages 25% lower
occupation.
than the applicable minimum wage.
b) Apprentice
They differ in the focus and in the terms of training.
 is a person undergoing training for an
approved apprenticeable occupation during
Learnership Apprenticeship an established period assured by an
A learner trains in a semi-skilled Trains in a highly skilled job or
apprenticeship agreement.
job or in industrial occupations in a job found only in a highly
that require training for less than technical industry. The training
three months. period exceeds in three (3) c) Apprenticeable Occupation
months.  In an occupation officially endorsed by a
The training period is shorter -------------------------------------------- tripartite body approved for apprenticeship by
because the job is more easily the Authority [the TESDA].
learned in apprenticeship. The
job is “non-apprenticeable”
because its practical skills can be
learned in three months and not
six months.
 d) Learners
 Refers to persons hired as trainees in semi- Sheltered Employee
skilled and other industrial occupations which - refers to the provision of productive work for disabled
are non-apprenticeable. persons through workshops providing special facilities,
income producing projects or homework schemes with a
Learnership Programs- must be approved by the TESDA. view to giving them the opportunity to earn a living thus
enabling them to acquire a working capacity required in
TESDA LAW; Section 18 states: “The Apprenticeship Program open industry.
of the Bureau of Local Employment of the Department of Labor
and Employment shall be transferred to the Authority which shall Discrimination on Employment
implement and administer said program in accordance with the - no entity whether public or private, shall discriminate
existing laws, rules and regulations.” against a qualified disabled person by reason of disability in
regard to job application procedures, the hiring, promotion,
CHAPTER III or discharge of employees, employee compensation, job
HANDICAPPED WORKERS training and other terms, conditions, and privileges of
Articles 78-81 employment.

COMMENTS: The following constitutes acts of discrimination:

THE MAGNA CARTA OR DISABLED PERSONS 1) Limiting, segregating or classifying disabled job applicant in
R.A. No. 7277, approved on March 24, 1992 which ensures the such a manner that adversely affects his work opportunities;
equal protection for disabled persons and prohibits discrimination
against them. 2) Using qualification standards, employment test or other
selection criteria that screen out or tend to screen out a
Qualified Disabled Employee- shall be subject to the same terms disabled person unless such standards, test or other selection
and conditions of employment and the same compensation, criteria are show to be job-related for the position in
privileges, benefits, fringe benefits, incentives or allowances as a question and are consistent with the business necessity;
qualified able-bodied person.
3) Utilizing standards, criteria, or methods of administration
Qualified Individual with a Disability that:
- is defined in the law as “an individual with a disability o Have the effect of discrimination on the basis of
who, with or without a reasonable accommodation, can disability; or
perform the essential functions of the employment position o Perpetuate the discrimination of others who are
that such individual holds or desires. subject to common administrative control.
 satisfactory in the job performance, they shall be eligible for
4) Providing less compensation, such as salary, wage or other employment.
forms of remuneration and fringe benefits, to a qualified
disabled employee, by reason of his disability, than the Qualified Disabled Persons as Regular Employees
amount to which a non-disabled person performing the Case: Bernardo v. NLRC- Article 295
same work is entitled. - Even handicapped persons, employed by a bank to
accommodate the request of the social welfare secretary,
5) Favoring a non-disabled employee over a qualified disabled may become regular employees.
employee with respect to promotion, training opportunities,
study and scholarship grants, solely on account of the
latter’s disability.

6) Re-assigning or transferring a disabled employee to a job or

position he cannot perform by reason of his disability.

7) Dismissing or terminating the services of a disabled

employee by reason of his disability unless the employer can
prove that he impairs the satisfactory performance of the
work involved to the prejudice of business entity: Provided,
however, that the employer first sought to provide
reasonable accommodations for disabled persons.

8) Failing to select or administer in the most effective manner

employment tests which accurately reflect his skills, aptitude
or other factor of the disabled applicant or employee that
such test purports to measure, rather than the impaired
sensory, manual or speaking skills of such applicant or
employee, if any; and

9) Excluding disabled persons from membership in labor

unions or similar organizations.

As to apprenticeship- they are eligible as apprentices and learners

and after the lapse of the period of apprenticeship, if found