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APPRENTICESHIP AND LEARNERSHIP

APPRENTICESHIP AND LEARNERSHIP. What is Apprenticeship :. Apprenticeship means practical training on the job supplemented by related theoretical instruction. (Art. 58 )

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APPRENTICESHIP AND LEARNERSHIP

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  1. APPRENTICESHIP AND LEARNERSHIP

  2. What is Apprenticeship: • Apprenticeshipmeans practical training on the job supplemented by related theoretical instruction. (Art. 58) • Apprenticeship is a program created by law and implemented by primarily by the Department of Labor where qualified persons may join a company engaged in apprenticeable occupation to be able to help meet the demand of the economy for trained manpower. • It is a training within employment involving a contract between an apprentice an enterprise on an approved apprenticeable occupation.

  3. What is Learnership • Learnership refers to any practical training on learnable occupation which may or may not be supplemented by related theoretical occupation • Learners are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and 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)

  4. Pertinent laws • The apprenticeship and learnership programs shall be implemented pursuant to the following laws: • RA 7796 (TESDA Act) • PD 442 (Labor Code) • EO 111 issued on Dec. 24, 1986 • With the transfer of the Apprenticeship and learnership Programs to TESDA by virtue of RA 7796, all applicable systems and procedures of TVET shall be applied to said programs. Implementation of these programs, however, shall remain to be in accordance with the Labor Code of the Philippines and Executive Order 111

  5. Under RA7796, employers can only hire apprentices for apprenticeable occupations which must be officially endorsed by a tripartite body and approved for apprenticeship by TESDA to protect apprentices and prevent possible abuses by prospective employers. • Department Order No. 68-04 states that no enterprise shall be allowed to hire apprentices unless its apprenticeship program is registered and approved by TESDA (Century Canning Corp v CA [GR No. 152894, August 17, 2007] • As such, the apprenticeship and learnership programs shall continued to be viewed as training and employment programs but greater attention should be given to skills acquisition of the apprentice or learners.

  6. Who may become an apprentice? • To qualify as an apprentice a person must be: • (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.

  7. What are the benefits of having an apprenticeship program? • It helps meet the needs of the economy for trained manpower in the widest possible range of employment • It enables the company employ manpower at lower costs • 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. • Participating companies shall be entitled to an additional deduction from taxable income of ½ of the value of labor training expenses incurred for developing the productivity and efficiency of apprentices/learners. Said incentive shall be given provide that such deduction shall not exceed 10% of direct labor wage and that the enterprise who wish to avail of this incentive pay the apprentices the minimum wage.

  8. Art 59-60. Requisite for a Valid Apprenticeship • 1. Qualifications of apprentices are met • 2. The apprentice earns not less than 75% of the prescribed minimum salary • 3. Apprenticeship agreement duly executed and signed • 4. Apprenticeship program approved by the Secretary of Labor; otherwise apprentice is deemed a regular employee • 5. Period of apprenticeship shall not exceed 6 months

  9. Who may establish an apprenticeship program? • Any entity, whether or not organized for profit may establish or sponsor apprenticeship programs and employ apprentices. • It can only employ up to a maximum of 20% of its total regular workforce.

  10. ARTICLE 60. Employment of apprentices • Only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations approved by the Secretary of Labor and Employment. (As amended by Section 1, Executive Order No. 111, December 24, 1986) • Prior approval by the DOLE of the proposed apprenticeship program is a condition sine qua non before an apprenticeship agreement can be validly entered into (Nitto v NLRC, [GR No. 114337, Sept ember 29, 1995] • At the termination of the apprenticeship, the employer is not required to continue employment.

  11. Exceptions to the general rules: • A. Employer may not pay wage if the apprenticeship is: • A requirement for graduation • Required by the school • Required by the Training Program Curriculum • Requisite for Board Examination

  12. Exceptions to the general rules: • B. Compulsory apprenticeship. • 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; • Where services of foreign technicians are utilized by private companies in apprenticeable trades said companies are required to set up appropriate apprenticeship programs.

  13. Art 63 . Venue of Apprenticeship Program • 1. The plant, shop, premised of the employer of the firm concerned if the apprenticeship program is organized by an individual employer or firm. • 2. 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 groups, and the like • 3. DOLE training center or other public training institutions with which the Bureau has made appropriate arrangements.

  14. How do you carry out an apprenticeship program? • Identify which trades are apprenticeable. If it is apprenticeable then: • Submit a letter of application to TESDA • Submit a curriculum design/skills training outline. • Submit certification that the number of apprentices to be hired is not more than 20% of the total regular workforce. • IF NOT: • Office of apprenticeship shall review the documents and recommend to the TESDA Board approval of the proposed occupation(s) for inclusion in the list of apprenticeable occupations. • Office of apprenticeship shall update the List of Apprenticeable/Learnable occupations and disseminate copy to the Regional or Provincial Offices. • The Provincial Office upon receiving the list shall prepare the Certificate of Registration and issue it to the enterprise within 5 days.

  15. apprenticeship agreement • (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.

  16. If I enter as an apprentice, what do I get? • 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. • A certificate of completion of apprenticeship shall be evidence of the skills specified therein in accordance with national skills standards established by the Department. • A wage equivalent to 75% of the prevailing minimum wage and other benefits including OT. OT work is duly credited to his training hours.

  17. Settlement of Disputes: • In case of any violation of apprenticeship/learnership agreement, the Plant Apprenticship Committee (PAC) upon filing of complaint by the aggrieved party shall have the initial responsibility for settling differences. • In case of failure by the PAC to settle the issue, the TESDA Provincial Office or its authorized representative shall refer the case to DOLE Regonal/Provincial Office which has jurisdiction over the concerned company to investigate and render a decision pursuant to pertinent rules and regulation.

  18. Learnership Agreement • ARTICLE 75. CONTENTS OF LEARNERSHIP AGREEMENT • 1. Names and addresses of employer and learner • 2. Occupation to be learned and the duration of the training period which shall not exceed 3 months • 3. Wage of the learner which shall be at least 75% of the applicable minimum wage • 4. Commitment to employ the learner, if he so desires, as a regular employee upon completion of training. • A learner who has worked during the first two months shall be deemed a regular employee of the training is terminated by the employer before the end of stipulated period through no fault of the learner.

  19. DEPARTMENT ORDER NO. 68-04Series of 2004GUIDELINES IN THE IMPLEMENTATIONOF THE KASANAYAN AT HANAPBUHAY PROGRAM(An Apprenticeship and Employment Program • WHAT IS KASANAYAN AT HANAPBUHAY PROGRAM? • The Kasanayan at Hanapbuhay Program is an apprenticeship and employment program adopted as a bridging mechanism for new entrants to the labor force as they will be able to acquire basic skills and work experiences needed by employers in hiring new employees. • WHAT ARE THE OBJECTIVES OF THE PROGRAM? • Generally, the Kasanayan at Hanapbuhay program shall ensure the availability of qualified skilled workers based on industry needs and requirements as well as facilitate and speed up the matching of jobseekers with available jobs.

  20. OBJECTIVES • Specifically, the program shall: • provide opportunity for new entrants to the labor force to acquire experience and skills; • generate commitment from enterprises in developing the skills of the Filipino workforce; and • facilitate the absorption of apprentices into the regular workforce after their apprenticeship.

  21. REGISTRATION • WHO CAN JOIN THE PROGRAM? • Any unemployed person 15 years old and above can apply for apprenticeship with any participating enterprise. • WHERE CAN THEY REGISTER? • Applicants for the Kasanayan at Hanapbuhay Program can register at any PESO near their place or in any DOLE regional / provincial / district / offices. And they shall: • register using the NMRS form; • submit to PESO the accomplished NMRS form in two (2) copies; • report to enterprise for screening, if referred by the PESO, and • inform the PESO on the result of the application.

  22. REGISTRATION • HOW CAN AN ENTERPRISE PARTICIPATE IN THE KASANAYAN AT HANAPBUHAY PROGRAM? • Any enterprise duly registered with appropriate government authorities with ten (10) or more regular workers is qualified to join the program. It shall accept apprentices not more than twenty (20) percent of its total regular workforce. • HOW CAN THEY REGISTER FOR THE PROGRAM? • The enterprise shall register its apprenticeship program with any of the TESDA Provincial Offices, submitting the following requirements: • Letter of application; • Certification that the number of apprentices to be hired is not more than 20 percent of the total regular workforce; and • Skills Training Outline

  23. APPRENTICESHIP AGREEMENT • WHAT IS AN APPRENTICESHIP AGREEMENT? • An apprenticeship agreement is a contract wherein a prospective enterprise 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. • No apprenticeship training will commence until an Apprenticeship Agreement has been forged between an enterprise and an apprentice. • WHAT ARE CONSIDERED APPRENTICEABLE OCCUPATIONS? • Apprenticeableoccupations are occupations officially approved for apprenticeship by TESDA. • At present, there are about one hundred forty-nine (149) approved apprenticeable occupations, including occupations not highly technical but needed by industry.

  24. Apprenticeship agreement • HOW LONG IS THE DURATION OF THE APPRENTICESHIP AGREEMENT? • The apprenticeship period shall not be less than four (4) months but not more than six (6) months. • However, participating employer has the option to hire the apprentice even prior to the completion of the apprenticeship period. • HOW MUCH WAGE SHALL AN APPRENTICE RECEIVE? • Apprentices shall be entitled to receive a wage not less than 75% of the prevailing minimum wage and benefits such as social security and health benefits, and overtime pay. • Apprentices can also work overtime provided there are no regular workers to do the job and the time spent on overtime work is duly credited to his training hours.

  25. Apprenticeship agreement • WHAT INCENTIVES ARE PARTICIPATING ENTERPRISES ENTITLED TO RECEIVE? • Participating enterprises shall be entitled to: • payment of 75% of the prevailing minimum wage to apprentices; or • an additional deduction from taxable income of one-half (1/2) of the value of labor training expenses incurred for developing the productivity and efficiency of apprentices, provided that such deduction shall not exceed ten (10) percent of direct labor wage.

  26. Distinctions between learners and apprentices

  27. LEARNERS: • Persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable • May be learned through practical training on the job in a relatively short period of time • Shall not exceed 3 months

  28. Apprentices • Practical training on the job • Supplemented by related theoretical instruction • Covered by a written apprenticeship agreement with an individual employer or entity • Needs DOLE approval • The period of apprenticeship shall not be less than 4 months and not more than six (6) months.

  29. WHEN MAY BE HIRED • LEARNERS: (Art 74) • No experienced workers available • Necessary to prevent curtailment of employment opportunities • Employment does not to create unfair competition in labor costs and lower working standards • APPRENTICES: • Only in highly technical industries • Only in apprenticeable occupations

  30. Learnable trades and apprenticeable occupations • Learners: • List of learnable trades provided by TESDA • Learners employed in piece or incentive-rate jobs during the training period shall be paid in full for the work done. (Art 76. Learners in piecework) • Apprentice: • List of apprenticeable occupations by TESDA

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