Module No.

and Title MODULE 1:Fundamental Principles, Pre-Employment And

Human Resources Development
Lesson No. and Title Lesson 3: Employment of Special Workers
At the end of this lesson, the students should be able to:
1. Enumerate these special workers;
Learning Outcomes 2. Define who are these special workers; and
3. Discuss their qualifications and requirements;

Time Frame The lesson will take you about an hour and a half to complete.

Introduction:

The law in accordance with the mandate of promoting work opportunities and equal work
acknowledges the existence of special workers and their participation in the economy building.
As you go along with the discussion, you will be familiar with these special workers, their
qualifications, and requirements.

Activity:
Analysis:

Based on the activity above, who are these special workers?

1.
2.
3.
4.
5.
6.

Abstraction:

The following are considered as special workers:

1. Apprentices 5. Kasamabahay
2. Learners 6. Solo Parent
3. Disabled Workers 7. Night Workers
4. Minors 8. Migrant Workers

A. APPRENTICE
 Definitions

a. Apprenticeship - training within employment with compulsory related theoretical

instruction involving a contract between an apprentice and an employer on an approved
apprenticeable occupation. [Sec 4(j), RA 7796]
b. Apprentice is a person undergoing training for an approved apprenticeable occupation
during an apprenticeship agreement. [Sec 4(k), RA 7796]
c. Apprenticeship Agreement is a contract wherein a prospective employer binds himself
to train the apprentice, who in turn accepts the terms of training for a recognized apprenticeable
occupation emphasizing the rights, duties and responsibilities of each party. [Sec 4(l), RA 7796]

d. Apprenticeable Occupation is an occupation officially endorsed by a tripartite body

and approved for apprenticeship by the Authority. [Sec 4(m), RA 7796]

Who may employ apprentices?

 Only employers in highly technical industries may employ apprentices and
only in apprenticeable occupations approved by the SOLE. [Art. 60, LC].

Qualifications of apprentice

An apprentice must:

1. 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 nonhazardous occupations;
2. Be physically fit for the occupation in which he desires to be trained;
3. Possess vocational aptitude and capacity for the particular occupation as established
through appropriate tests; and
4. Possess the ability to comprehend and follow oral and written instructions.

B. LEARNERS

Definition

Learners are persons hired as trainees in semiskilled and other industrial occupations:

1. Which are non-apprenticeable;

2. Which may be learned through practical training on the job in a relatively short period
of time, which shall not exceed three (3) months. [Art. 73; Sec 4(n), RA 7796]

When learners may be hired

1. No experienced workers are available;

2. The employment of learners being necessary to prevent the curtailment of employment
opportunities; and

3. The employment will neither create unfair competition in terms of labor costs nor
impair working standards. [Art. 74]

WHAT ARE DISTINCTIONS BETWEEN LEARNERSHIP AND

APPRENTICESHIP? The following are the distinctions:
 Practical training.
Both learnership and apprenticeship involve practical training on-the-job.

Training agreement.
Learnership is governed by a learnership agreement; while apprenticeship is governed by an
apprenticeship agreement.
Occupation.
Learnership involves learnable occupations consisting of semi-skilled and other industrial
occupations which are non-apprenticeable; while apprenticeship concerns apprenticeable
occupations or any trade, form of employment or occupation approved for apprenticeship by the
DOLE Secretary.

Theoretical instructions.
Learnership may or may not be supplemented by related theoretical instructions; while
apprenticeship should always be supplemented by related theoretical instructions.

Ratio of theoretical instructions and on-the-job training.

For both learnership and apprenticeship, 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 instruction time for occupations requiring less than two thousand (2,000) hours for
proficiency should be computed on the basis of such ratio.

Competency-based system.
Unlike in apprenticeship, it is required in learnership that it be implemented based on the
TESDA-approved competency-based system.

Duration of training.
Learnership involves practical training on the job for a period not exceeding three (3) months;
while apprenticeship requires for proficiency, more than three (3) months but not over six (6)
months of practical training on the job.

Limitation on the number of trainees.

In learnership, a participating enterprise is allowed to take in learners only up to a maximum of
twenty percent (20%) of its total regular workforce. No similar cap is imposed in the case of
apprenticeship.

Option to employ.
In learnership, the enterprise is obliged to hire the learner after the lapse of the learnership
period; while in apprenticeship, the enterprise is given only an “option” to hire the apprentice as
an employee.

Wage rate.
The wage rate of a learner or an apprentice is set at seventy-five percent (75%) of the statutory
minimum wage.

C. DISABLED WORKERS
Definitions

a. Disabled persons are those suffering from restriction or different abilities, as a result of
a mental, physical or sensory impairment, to perform an activity in the manner or within
the range considered normal for a human being. [Sec. 4(a), RA 7277]

b. Impairment is any loss, diminution or aberration of psychological, physiological, or

anatomical structure or function. [Sec. 4(b), RA 7277]
c. Disability shall mean (1) a physical or mental impairment that substantially limits one or
more psychological, physiological or anatomical function of an individual or activities of
such individual; (2) a record of such an impairment; (3) being regarded as having such an
impairment. [Sec. 4(c), RA 7277]
d. Handicap refers to a disadvantage for a given individual, resulting from an
impairment or a disability that limits or prevents the function or activity that is
considered normal given the age and sex of the individual. [Sec. 4(d), RA 7277]

D. MINORS
 Definitions

a. Children - refers to any person under 18 years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition.
[Sec. 2, RA 7610]
b. Child labor - refers to any work or economic activity performed by a child that subjects
him/her to any form of exploitation or is harmful to his/her health and safety or
physical, mental or psychosocial development.
c. Employment of Children from 15 to 18 Employment is allowed even without permit
but restricted to non-hazardous work.
d. Non-hazardous work shall mean any work or activity in which the EE is not exposed to
any risk which constitutes an imminent danger to his safety and health. [Sec. 3, Rule
XII, Book III, IRR]

E. KASAMBAHAY

Definitions

a. Domestic work - This refers to work performed in or for a household or households. [Sec
4(c)., RA 10361]
b. Household - refers to the immediate members of the family or the occupants of the house
that are directly provided services by the domestic worker. [Sec 4(f), RA 10361]
c. Domestic worker or “Kasambahay” - Refers to any person engaged in domestic work
within an employment relationship such as, but not limited to, the following: general
househelp, nursemaid or “yaya”, cook, gardener, or laundry person. [Sec 4(d), RA 10361]
 N.B. The term domestic worker or “kasambahay” excludes any person who performs
domestic work only occasionnally or sporadically and not on an occupational basis.
[Sec.4(d), RA 10361]

F. SOLO PARENTS

According to Section 3 (a) of R.A. 8972, a "solo parent" is a person who has been left
with the child's responsibility or care under any of the following categories:

Qualifications:

A solo parent, as defined by RA 8972 is:

A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender, provided that mother keeps and raises the child.
Parent left solo or alone with the responsibility of parenthood due to the following
circumstances:

a. Due to death of spouse.

b. Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year.
c. Physical and/or mental incapacity of spouse as certified by a public medical practitioner.
d. Legal separation or de facto separation from spouse for at least one (1) year, as long as he/she
is entrusted with the custody of the children.
e. Declaration of nullity or annulment of marriage as decreed by a court or by a church as long as
he/she is entrusted with the custody of the children.
f. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of
having others care for them or give them up to a welfare institution.
g. Any other person who solely provides parental care and support to a child or children.
h. Any family member who assumes the responsibility of head of family as a result of the death,
abandonment, disappearance or prolonged absence of the parents or solo parent.

Criteria for Support

 Any solo parent whose income falls below the poverty threshold as set by the National
Economic and Development Authority (NEDA) and subject to the assessment of the DSWD
worker in the area shall be eligible for assistance.

G. NIGHT WORKERS

a. Night worker- any employed person whose work requires performance of a substantial
number of hours of night work which exceed a specified limit. This limit shall be fixed by
the Sec of Labor after consulting the workers’ representatives/labor organizations and
employers. [Art. 154, as amended by RA 10151]

H. MIGRANT WORKERS

a. Overseas Filipino Worker/Migrant Worker – A person who is to be engaged, is engaged

or has been engaged in a remunerated activity: 1. in a state of which he or she is not a
citizen or 2. On board a vessel navigating the foreign seas other than a government ship
 used for military or non-commercial purposes or 3. On an installation located
offshore or on the high seas. [Sec. 2 (a), RA 8042, as amended]

Application:

1. For what kind of jobs may an employer hire apprentices? (5 points)

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2. What is the difference between learnership and apprenticeship? (5 points)
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3. How does the law protect handicapped workers? (5 points)
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4. Who can be considered as minors? (5 points)
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MODULE SUMMARY

MODULE 1: Fundamental Principles, Pre-Employment and Human Resources

Development
 Lesson 1
Legal basis and State Policy towards Labor

Legal Basis:

The following are the Legal Basis in the implementation of Labor Law:
1. 1987 Constitution
2. Civil Code
3. Labor Code
State Policy towards Labor
1. Security of Tenure
2. Social Justice
3. Equal Work Opportunities
4. Right to Self-organization and Collective Bargaining
5. Construction in Favor of Labor]
6. Burden of Proof and Quantum of Evidence

Lesson 2
Recruitment and Placement

“Recruitment and placement" refers to any act of:

Canvassing, Enlisting, Contracting, Transporting, Utilizing, Hiring, or Procuring workers
and includes – Referrals, Contract services, Promising, or Advertising for employment, locally or
abroad, whether for profit or not.

 As a general rule, no employer may hire a Filipino worker for overseas employment.
 No employer shall directly hire an Overseas Filipino Worker for overseas employment.
[Sec. 123, 2016 Revised POEA Rules and Regulations], except allowed by law.

Illegal Recruitment

Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring

workers and includes referring, contract services, promising or advertising for employment
abroad, whether for profit or not, when undertaken by a non-licensee or nonholder of authority.

Two Kinds of Illegal Recruitment

1. Simple
a. By a licensee/holder of authority
b. By a non-licensee/non-holder of authority

2. Economic Sabitage
a. In a Large Scale
b. By a Syndicate

Lesson 3
Employment of Special Workers
 Who are considered as Special Workers?
1. Apprentices 5. Kasamabahay
2. Learners 6. Solo Parent
3. Disabled Workers 7. Night Workers
4. Minors 8. Migrant Workers

MODULE ASSESSMENT

1. Enumerate and discuss at least 3 rights of an employee under the Labor Code (limit your
discussions into 3 sentences only) 10 points.
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2. Enumerate and discuss at least 2 rights of an employee provided in the 1987 Constitution
(limit your discussions into 3 sentences only) 10 points.
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3. When we consider an act of recruitment and placement illegal? (limit your discussions
into 3 sentences only) 10 points.
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4. Distinguish illegal recruitment in a large scale from illegal recruitment by a syndicate.

(Answers should not exceed 5 sentences) 10 points.

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***end***

Great Job! You’ve done with Module 1.

“There are moments when troubles enter our lives and we can do nothing to avoid them.
But they are there for a reason. Only when we have overcome them will we understand why they
were there.”
― Paulo Coelho