Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros, Manila 08 SEP 2017 . = DEPARTMENT ORDER NO. 14. By A Series of 2017 — — IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 10869 Pursuant to Section 24 of Republic Act 10869, entitled “An Act Institutionalizing the Nationwide Implementation of the JobStart Philippines Program and Providing Funds Therefor”, otherwise known as the “JobStart Philippines Act”, this Rules and Regulations is hereby issued: PARTI GENERAL PROVISIONS RULE1 PRELIMINARY PROVISIONS Section 1. Title. This Rules shall be known and cited as the “JobStart Rules and Regulations”. Section 2. Declaration of Policies. Article XIII Section 3 of the 1987 Constitution of the Republic of the Philippines provides that it is the policy of the State to promote full employment, ensure equality of employment opportunities for all, and afford full protection to labor. As stated in Book 1 (Pre-Employment), Article 12 of the Presidential Decree No. 442 of 1974 or Labor Code of the Philippines, it is the policy of the State to, among others,(1) promote and maintain a state of full employment through improved manpower training, allocation and utilization; (2) facilitate a free choice of available employment by persons seeking work in conformity with the national interest; and (3) strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas, to serve national development objectives. The Philippines subscribes to the International Labor Organization's (ILO) Decent Work Agenda that captures four (4) intertwining strategic objectives: employment creation, social protection, rights at work, and social dialogue. Full and productive employment and income opportunities and identifying policies that help create and maintain decent work and income are aimed under the employment creation objective.Section 3. Support to Active Labor Market Programs of the PESOs. Asa signatory to ILO Convention 88, the State shall promote the establishment of the Public Employment Service Office (PESO) as the primary institution that is responsible for implementing a variety of active labor market programs at the local level including career guidance and employment coaching, job search assistance through the provision of labor market information (LMD, training, and referral for the unemployed, particularly the young jobseekers. Republic Act No. 8759 or the PESO Act of 1999 institutionalizes a national facilitation service network through the establishment of a PESO in every province, city and other strategic areas throughout the country. The PESO serves as referral and information center for the various services and programs of the Department of Labor and Employment (DOLE) and other government agencies present in the area, and provides clients with adequate information on employment and labor market situation. Based on Section 6 of Republic Act No. 10691 amending the PESO Act of 1999, every PESO shall undertake holistic strategies, programs and activities to transform into a modern public employment service intermediary that provides multi-dimensional employment facilitation services. Section 4. Statement of Objectives. The JobStart Philippines program is a full cycle employment facilitation service that seeks to assist young Filipinos in starting their careers and obtaining meaningful paid employment. It mainly aims to shorten the youth's school-to- work transition. Specifically, the program will: (a) Enhance the knowledge and skills acquired in formal education or technical training of young jobseekers through access to timely and accurate LMI, relevant career guidance and employment coaching, and industry-based training and internship, in order for them to become more responsive to the demands of the labor market; (b) Develop the life skills of the youth, including those relevant to the values of professionalism and work appreciation, as defined in this Rules and Regulations. The beneficiaries are expected to acquire soft skills necessary to address the demands of the employers such as communication skills, interpersonal skills, financial literacy, ete.; (©) Provide the youth with conducive and safe work environment where they can learn and apply relevant theories and develop strong work ethic through the program’s technical training and internship phases; (d) Improve the capacity of PESOs in providing employment facilitation services through a series of capacity-building activities that is based on their organizational development needs and the PESO Capacity Development Plan; and (©) Provide employers a venue where they can customize the process of technical training through employer-driven training plans; select well-equipped beneficiaries; and have another opportunity to contribute to the society through corporate social responsibilities. Page |2RULE 2 DEFINITION OF TERMS Section. 1. Definition of Terms. For purposes of this Rules and Regulations, the following terms are hereby defined as follows: (@) At-risk youth - young adults who are less likely to transition successfully from school to work, and to be financially independent and economically active members of the community. This includes youth from low-income households, with insufficient training and educational background, and who are unemployed. (b) Bureau of Local Employment (BLE) - the government agency created pursuant to Executive Order 797 of 1982. (©) Certificate of Competency (COC) - a document issued by the authority to individuals who were assessed as competent in a single or cluster of related units of competency. (@ Commission on Higher Education (CHED) - the government agency created pursuant to Republic Act No. 7722 or the “Higher Education Act of 1994”. (©) Department of Education (DepEd) - the government agency created pursuant to Republic Act 9155 otherwise known as the "Governance of Basic Education Act of 2001”. (© Department of the Interior and Local Government (DILG) - the government agency created pursuant to Republic Act No. 6975. (g) Department of Labor and Employment (DOLE) - the government agency created pursuant to Act No. 4121. (h) Department of Social Welfare and Development (DSWD) - the government agency created pursuant to Executive Order 123. () Employer - a participating establishment or enterprise which may be a company, sole proprietorship, partnership, corporation, or any other legal entity registered under relevant laws that may provide a venue for training and placement of JobStart trainees. Manpower or private employment agency may be considered as a JobStart partner employer if trainees will be stationed within their agency and will not be referred for deployment to other companies. (@ Internship stipend - the amount of money which the JobStart trainee receives from the participating employer for the duration of the internship period. (W) JobStart Philippines - or simply JobStart, the DOLE’s program designed to enhance the employability of at-risk youth to improve their integration into productive employment through the provision of the full cycle employment facilitation services Page | 3including job search assistance, free technical and life skills trainings, placement in internships, and job referrals from the PESOs. () JobStart graduate - a JobStart trainee who has completed all the services and undergone all stages of the program. For purposes of issuance of a Certificate of Completion, a JobStart trainee who finds employment immediately after completing the life skills training or gets absorbed by the JobStart partner employer or non- JobStart employer in the duration of any of the training stages, will also be considered a JobStart graduate. (m)JobStart internship - the practical learning of a JobStart trainee in a regular work environment under the mentorship of a participating employer for a period of up to three (3) months. (n) JobStart life skills training ~ a ten-(10) day training designed to holistically develop the behavior, attitude, and values of JobStart trainees, with the aim of enabling them to plan better their career path and deal effectively with the demands and challenges of everyday life and work. (0) JobStart Manual of Operations (MOP) - a set of written instructions that document operative routine or protocols followed by JobStart’s key implementing agencies, in order to perform key activities properly, and to facilitate consistency in the quality and integrity of targeted outcomes and other end-results. (p) JobStart technical training - the technology-based theoretical instruction for a maximum period of three (3) months. Training may be carried out in a lecture area, and hands-on exercises in a laboratory or a workshop within the premises of a technical training provider, either in a technical vocational institute (TVI) registered with the Technical Education and Skills Development Authority (TESDA) or in-house in a partner employer, or within the available facilities of the local government units (LGUs). (q) JobStart trainee - an eligible JobStart registrant selected to participate in the program, (®) JobStart Unit - the office established and managed by BLE and Regional Offices of DOLE, and the participating PESOs to implement and oversee JobStart. (s) Public Employment Service Office (PESO) - a non-fee charging employment service facility or entity created pursuant to Republic Act No. 8759, as amended by Republic Act 10691. () National Certificate (NC) - a certification issued to individuals who achieved all the required units of competency for a national qualification as defined under the Training Regulations. (u) National Youth Commission (NYC) - the commission created pursuant to Republic Act No. 8044 or the “Youth in Nation-Building Act”. Page | 4(v) Technical Education and Skills Development Authority (TESDA) - the government agency created pursuant to Republic Act No. 7796 otherwise known as the “Technical Education and Skills Development Act of 1994”. (w) Technical training certificate - a certification that shall be jointly issued by DOLE, TESDA, and the partner employer after program completion and assessment of the JobStart trainee’s competencies to attest the skills acquired by the JobStart trainees. The certificates shall contain a list of the units of competency and qualification acquired. (®) Training allowance - the amount which the JobStarter trainee receives from the JobStart Unit for the duration of life skills and technical training. () Training plan - a plan that specifies the set of skills and competencies to be acquired by the JobStart trainee from technical training to internship period. The training plan will describe the training curriculum or modules to be used, the training schedule, venue, facilities, cost with breakdown of expenses for each JobStart trainee, as well as the training's monitoring and evaluation framework. The training plan shall be prepared by the employers and approved by respective regional JobStart Units with technical advice from the TESDA and BLE. PART IL JOBSTART PROGRAM DESIGN RULE3. PROGRAM COMPONENTS AND TRAINING PERIOD Section 1. Full Cycle Employment Facilitation Services. The JobStart Philippines shall include full cycle employment facilitation services such as registration, client assessment, life skills training with one-on-one career coaching, technical training, job matching, and referrals to employers either for further technical training, internship, or for employment. An illustration of the main features of JobStart is annexed herein. Section 2. Registration and Client Assessment. The DOLE and PESO shall advertise the date of registration, venue, and indicative schedule of program activities. The registration process shall be on a first-come, first-served basis. At-risk youth who are beneficiaries of Pantawid Pamilyang Pilipino Program (4Ps) and DOLE's Special Program for Employment of Students (SPES) are encouraged to be given priority. The PESO shall screen and list potential trainees. Page |5(@) Venue. Prior to registration, the PESO shall identify a suitable venue that is accessible, spacious and visible. This may be within the PESO itself, within the LGU, or outside the premises of the LGU. () Timing. The PESO may implement JobStart either once or twice a year. Registration period may take at least three (3) days but can be extended depending on the target number of beneficiaries. (© Documentary Requirements. To qualify, interested applicants shall be required to bring a valid identification card with information on date of birth, school records, relevant training certificates, and academic diploma (if applicable). Former 4Ps and SPES beneficiaries are required to present certification or any documentary proof of their involvement in the program. (@ Sign-up. On the registration day, each applicant should accomplish the National Skills Registration Program (NSRP) Form. The details of the applicant profile shall be encoded in the PESO Employment Information System (PEIS). After signing up, the potential JobStart trainee will be oriented on the key features of the program. (©) Participation Agreement. After initial assessment of documents and NSRP profile, the PESO shall accept qualified registrants to the program. Upon confirmation of eligibility, applicants accepted to the program shall sign a participation agreement. Registrants who are ineligible for JobStart shall be referred to other employment facilitation programs or to wage employment. (O Assessment. All selected JobStart beneficiaries shall be assessed further by the PESO through one-on-one interviews to initially match the qualifications and job preferences of the beneficiaries with JobStart internship pledges. The PESO shall evaluate the beneficiaries’ skills, knowledge and attitude in relation to their overall job readiness and determine whether the JobStart trainee should be referred for employment or would require further training. Assessment may be complemented through a written examination or computer-aided test. (g) Detailed registration and assessment process shalll be included in the JobStart MOP. Section 3. Life Skills Training. The life skills training aims to develop and enhance personal competencies and effective work habits as foundations for professional success. (a) Content. The JobStart life skills training modules used in the pilot and rollout phase implementation of JobStart shall be reviewed and refined by DOLE in consultation with the DepEd, CHED, TESDA, and other stakeholders. The modules shall include one-on-one career coaching to provide the JobStart trainees with LMI. (b) Period. The life skills training shall be conducted for a period of ten (10) days, with at least one life skill being taught in each day of the program. (© Venue. The training should be conducted in an appropriate training center or location, preferably a classroom-type of environment equipped with teaching facilities. Venue arrangements shall be approved by the PESO and DOLE. (d) Delivery. The life skills training shall be delivered by PESO staff where possible or by capable training organization contracted by DOLE. The DOLE shall train PESO staff to properly deliver the life skills training. A pool of life skills training providers and career coaches shall also be organized and mobilized by DOLE. (© Training Allowance. A JobStart trainee shall receive a daily allowance, based on actual daily attendance, for the duration of the life skills training to be provided by the PESOs with funding support from DOLE. Page 16(0 Life Skills Training Certificate. Upon completion of the life skills training, Certificates of Completion shall be awarded to JobStart trainees who attended at least. 80% of the training days. (g) Detailed life skills training delivery process shall be included in the JobStart MOP. Section 4. Job Matching and Referrals. The purpose of job matching is to find the best fit” between the trainee’s preference and the employer's skills requirement. Best fit may mean accessible location while others may seek a specific occupation/type of work, industry, career growth potential, or a combination of these. (a) After the life skills training, JobStart trainees will be matched with JobStart internship pledges and available PESO job vacancies. (b) The PESO shall schedule and arrange for interview or screening process of JobStart trainees and provide interested employers with a copy of the trainee’s profile and referral letter. (©) PESO referrals will either be for immediate wage employment or for further training (technical and internship) under JobStart. (@) If unsuccessful in the screening process, the trainee will be referred to another JobStart internship position, other government youth employment program, or will be provided with further employment coaching, as deemed necessary. (©) Detailed job matching and referral process shall be included in the JobStart MOP. Section 5. Technical Training. The JobStart technical training may be conducted in a ‘TVI registered with TESDA, an industry regulated program or a customized in-house training program designed by JobStart employers, or within the available facilities of the LGU. For in-house technical training, the PESO shall ensure that there are no existing TESDA equivalent training regulations; otherwise, the JobStart technical training component shall be referred to the nearest available TVI offering the identified training course. (a) Content. The training plan shall contain the curriculum or modules to be used, the training schedule, venue, facilities, cost, as well as the training's monitoring and evaluation framework. It shall be attached to the agreement to be signed by DOLE and the participating employer. Template/format of the training plan shall be included in the JobStart MOP. (b) Period. The technical training period shall be for a period of up to 600 hours (or three months). Upon the recommendation of the participating employer and as approved by the PESO and DOLE, a JobStart trainee may skip or be exempted from undergoing the technical training and transition directly to internship stage as reflected in the approved JobStart training plan. The technical training may also be less than three months depending on the skills and competencies that the JobStart trainee must achieve and as determined by the participating employers. There will be no night shift training for JobStart trainees undergoing technical training phase. (© Approval. The training plan shall be developed with technical advice from TESDA and BLE and shall be approved by concerned DOLE Regional Office upon recommendation from the PESO. @ Training Allowance. A JobStart trainee shall receive semi-monthly training allowance, based on actual daily attendance, with funding support from DOLE. The Page | 7issuance of the training allowance to the JobStart trainees shall be managed by participating employers. (©) Certification. JobStart trainees who have completed the approved in-house or regulated training program shall be awarded with a Certificate of Completion jointly issued by DOLE and the participating employer. The JobStart technical training shall also provide opportunity for the trainee to acquire qualification or a set of competencies aligned with appropriate TESDA training regulations, as applicable, and be qualified to get a National Certificate or Certificate of Competency. If the trainee had undergone a technical training that has existing training regulations under TESDA, DOLE shall cover the competency assessment fee and other related costs. Section 6. JobStart Internship. The JobStart training plan shall also contain the schedule, modules to be used, and competencies/skills to be acquired for the duration of the internship. The internship stage will provide a venue for the JobStart trainees to gain practical knowledge and experience in an actual workplace. (a) Period. The internship period shall be at least 400 hours (or two months) but not more than 600 hours (or three months). The total daily training hours shalll be eight (8) hours exclusive of not less than one (1) hour of time-off for the regular meals. The daily internship training may be beyond eight (8) hours a day provided that said overtime shall not exceed two (2) hours a day. (b) Overtime, Holiday Work, and Night Shifts. The time spent on overtime stay and holiday work shall be duly credited to the JobStart trainee’s number of training hours. Likewise, the overtime and holiday pay should be immediately reflected on the next payroll. The trainee shall be paid for the overtime stay an additional stipend equivalent to the daily internship stipend plus at least 25% thereof. On a regular holiday, the trainee shall be compensated twice the daily internship stipend. Night shift internship should be clearly stipulated in the training plan. In case of night shift training, the trainee shall be entitled to a night differential pay of not less than 10% of the internship stipend for each hour of training between ten o'clock in the evening and six o'clock in the morning. There should be a signed consent form (both from the trainee and the employer) to do overtime work, unexpected night shift, and regular holiday work. (© Employment Probation. The JobStart internship shall be considered part of the required six (6) months probationary period should the trainee be hired by the employer, provided that the trainee also completed the technical training with the same employer. Probationary employment, as governed by Article 281 of the Labor Code (renumbered as Article 296), shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. An employee who is allowed to work after a probationary period shall be considered a regular employee. In instances wherein the JobStart training period is less than six (6) months, the JobStart trainee who has been absorbed by the employer has to complete the prescribed probationary period. Page | 8PART IIL COVERAGE RULE 4 QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF JOBSTART TRAINEES Section 1. Qualifications. To qualify as a JobStart trainee, a person shall: (a) Bea Filipino citizen either natural, naturalized or dual citizen; (b) Be 18 to 24 years of age at the time of the registration period. Those who are 17 years old may also register provided that they will be 18 years old before the technical training stage; (©) Have reached at least high school level (minimum of first year high school level for the Philippine’s previous 10-year basic education curriculum and Grade 7 for new K to 12 basic education curriculum); (@) Not be in education, in employment, or in training (NEET) at the time of the registration; and (©) Have no work experience or have less than one (1) year of accumulated work experience. The 0-12 months of accumulated experience in wage employment includes part-time and full time work in the formal sector. Section 2. Required Documents. The JobStart Trainee must submit the following to the PESO: (a) Philippine Statistics Authority (PSA) birth certificate or any government issued identification with the applicant's birth date (e.g., voter's identification, driver's license, PhilHealth, TIN card, or Philippine passport); (b) For high school undergraduates — proof of reaching high school (e.g., certification from the school, official receipt of enrollment, school identification); (©) For high school and college graduates - diploma and Form 138 (for high school graduate) or transcript of records (for college undergraduates and graduates); and (@) For TVET graduates — training certificates issued by TVIs and Certificate of Competency or National Certificate issued by TESDA. Section 3. Status. The JobStart registrant shall be considered as a trainee and not as an employee of the participating employers for the duration of the training program. JobStart graduates shall be given preference in the hiring of workers by the participating employers. After life skills training, the JobStart trainee may be hired for regular wage employment. Section 4. Duties and Responsibilities. The JobStart trainee shall exert every effort to acquire abilities, values, and knowledge necessary to achieve the purpose of the training. ‘Towards this end, the trainee shall: Page | 9(a) Register to the Program by filling up the NSRP form and submitting to the PESO the required documents; (b) Sign the Participation Agreement if and only if they understand the mechanics of the JobStart full cycle employment facilitation, possible employment pathways including its rules and processes, and the training allowance and stipends and are still willing to continue with the program; (©) Attend the 10-day Life Skills Training including its graduation ceremonies. Trainees are expected to actively participate in all lectures and activities and to follow the rules and regulations set throughout the duration of the training; (@ Participate in the job fairs and interview and screening processes set by the PESO and/or participating employers; (©) Closely coordinate with PESO on the status of his/her job application particularly if the JobStart trainee has found opportunities outside the Program; (O Update the PESO on any change in their contact details to ensure that they are readily contactable by the PESO; and (g) In case that the JobStart trainee is placed in a technical training and/or internship under the MOA, he/she should: i. Enter into either a training or service contract with the participating employer; Report for training or work in the establishment based on the schedule indicated in training or work contract; iii, Perform tasks and activities indicated in the training plan; iv. Maintain confidentiality, as appropriate, of all the data, business or trade secrets where such information is not within the public domain and is indicated or understood to be confidential during and after the training period; v. Adhere to the existing rules and regulations of the employer including the proper use of tools, instruments, machines, and equipment; vi. Report to the PESO for an exit interview after the completion of the internship period; and vii, In case the JobStart trainee will not be able to finish the designated training period, the trainee shall notify and provide at least three (3) days written prior notice to the PESO. Failure to complete the program without valid cause disqualifies the trainee from retaking the program. RULES QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF JOBSTART PARTNER EMPLOYERS, Section 1. Qualifications. Businesses registered in the LGU may participate in JobStart asa partner employer, subject to the following qualifications: (a) Capacity to develop a training plan to be undergone by the JobStart trainee in the establishment; (b) Capacity to provide, or facilitate the provision of, TVET to JobStart trainees; (©) Capacity to arrange for the disbursement of technical training allowance and internship stipend; Page | 10(@) Capacity to provide for up to three (3) months internship with the commitment to pay the internship stipend amounting to at least 75% of the daily minimum wage in the region; (€) Capacity to mentor, monitor, and submit monthly reports to PESO on a JobStart trainee’s performance; and (® Capacity to hire and willingness to absorb or offer possible regular employment to JobStart graduates. Section 2. Required Documents. The participating employers must submit the following to the PESO: (a) Company profile; (b) Copy of Bureau of Internal Revenue (BIR) Form 2303 or registration from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTD, or Cooperative Development Authority (CDA), as may be applicable; (0) Letter of undertaking stipulating job opportunities/vacancies; (4) Duly accomplished JobStart internship pledge form and proposed Training Plan; and (©) Copy of DOLE Certificate of Compliance on General Labor Standards (GLS) and Oceupational Safety and Health (OSH) Standards or an undertaking to undergo joint assessment to comply with GLS and OSH. Section 3. Duties and Responsibilities. The participating employer shall perform the following: (a) Design and implement the training plan in partnership with a TVET institution, as applicable; (b) Enter into either a training or work contract with the JobStart trainee; (©) Orient the trainees on the standard rules and regulations of their establishment before signing of contract; (@) Provide to the JobStart trainee practical training or work experience for a maximum period of 600 hours or three (3) months; (e) For internship period, pay the JobStart trainee a daily stipend of not less than 75% of the daily minimum wage in the region where the establishment is located; (© Encourage JobStart trainee to develop personality and professionalism and to the extent possible, protect the JobStart trainee from physical or moral danger; (g) Submit monitoring and evaluation reports or other information on the trainee's performance as may be required by DOLE or PESO; (h) Submit invoices to DOLE through PESO for reimbursement or liquidation of expenses, as the case may be, of training costs, training allowance, and other administrative costs; (@) Return to DOLE any unused balances remaining from cash advances which have not been substantiated through receipts or other documentary evidence; @ Maintain accurate and current records and accounts relating to the program and provide access to DOLE and PESO of such records; and (W Notify and provide at least 30 working days’ written notice to PESO and DOLE of a trainee’s breach of contract or misconduct in the training premises prior to its decision to suspend or terminate the contract. Page | 11Section 4. An employer shall be allowed to take in JobStart trainees up to a maximum number equivalent to 20% of its total workforce regardless of their status of employment, The employer shall not take in the same trainee to be part of the former's engagement in similar government training programs such as Dual Training, National Apprenticeship, and Learnership. PARTIV INSTITUTIONAL MECHANISMS RULE6 ROLE OF DOLE Section 1. Functions of BLE. The DOLE shall be the executing agency of JobStart. As one of the bureaus under DOLE, the BLE shall serve as the program manager of JobStart and as such shall provide the necessary technical and administrative assistance to concerned Regional and Field Offices, and PESOs. The BLE shall have the following functions: (a) Provide capacity building and technical assistance to the PESOs and DOLE Regional and Field Offices; (b) Coordinate with TESDA and other industry-based training providers to ensure that JobStart training plans prepared by employers are compliant and aligned with its standards; (©) Develop JobStart MOP and Funding Disbursement and Utilization Guidelines to ensure transparency and ensure accountability in the management of JobStart funds; (@) Develop and implement the JobStart communications plan; (©) Convene program implementers at least once a year to evaluate program performance; and (O Monitor the performance of the program at the national level and submit quarterly update reports to the DOLE Secretary. Section 2. Functions of DOLE Regional Offices. The DOLE Regional Offices shall supervise and monitor the implementation of the JobStart activities in the regional level and shall have the following specific functions: (a) Provide technical assistance to the PESO to develop JobStart annual work and financial plan, and provide tools for capturing and disseminating information on local jobs, skills in demand, and wages; (b) Manage the utilization and monitoring of JobStart funds in accordance with the rules and regulations specified in the funding guidelines; (©) Enter into an agreement with the participating employer and/or training institutions for the provision of technical training and internship of the JobStart trainees; (@) Monitor the updating of data in the PEIS that contains the profiles of JobStart trainees and employers at the regional level. Page | 12(© Carry out an organizational analysis of PESO staffing and facilities, and recommend operating systems for a full cycle employment facilitation service to be incorporated in a Capacity Development Plan; (O Build capacities of PESOs in adopting the new model on employment facilitation services, particularly on career coaching and life skills training; and (g) Set up a Grievance Committee for settling conflict arising from any violation of the training agreement, or upon filing of a complaint by an aggrieved party according to the procedures provided herein. Section 3. Functions of DOLE Field Offices. The DOLE Field Offices shall supervise and monitor the implementation of the JobStart activities in the provincial/city/municipal level and shall have the following specific functions: (a) Consolidate and update data in the PEIS that contains the profiles of JobStart trainees and employers at the local level; (b) Provide technical assistance to PESO in JobStart employer engagement activities, registration and information campaign on the program; (©) Oversee the PESO job matching and referrals of trainees to employers; (@) Incoordination with PESOs, conduct regular visits to JobStart partner employers; and (©) Consolidate and submit to DOLE Regional Office the monthly monitoring reports from the trainee’s performance as submitted by employers. RULE7 JOBSTART UNIT Section 1. DOLE JobStart Units. The DOLE shall establish a JobStart Unit at BLE and in every DOLE Regional Office. The JobStart Unit shall provide the employer the training costs, administrative costs, and other fees, if any, as specified under a Memorandum of Agreement (MOA) between DOLE and the employer. It shall approve training plans with technical advice from the TESDA and upon the recommendation of PESO. ‘The DOLE Regional Offices, as deemed necessary, may establish a JobStart Unit in the Provincial/Field Offices, particularly in island areas which are not easily accessible. Section 2. PESO JobStart Units. The PESO may also opt to establish its own JobStart Unit within the LGU. RULES ROLE OF LOCAL GOVERNMENT AND PESO Section 1. Partnership with Local Government. The LGUs, through the PESOs, shall serve as the main partners of DOLE in implementing the program at the local level. Successful operation of JobStart is highly dependent on the support and cooperation of the LGUs, through its PESOs, as its implementing body of the program. Page | 13,Section 2. JobStart Eligible PESO. For a PESO to be qualified for the program, it should: (a) Be institutionalized; (b) Have an existing pool of partner employers and training institutions; (©) Have adequate staff and facilities, including space and infrastructure for the conduct of career coaching and life skills training; and (d) Have willingness and commitment of the Local Chief Executive to support the program implementation, including local budgetary support for JobStart. Section 3. Functions of PESO. JobStart partner PESOs are expected to: (@) Hire adequate staff to ensure the smooth implementation of the program. The PESO Manager shall be assisted by at least a JobStart Project Officer and an Employer Engagement Officer, in managing and coordinating the core activities of the JobStart; (b) Develop a JobStart Annual Work and Financial Plan; (©) Organize the registration process and assessment of registrants; (@ Have adequate facilities for registration, space for life skills training, and LMI System (LMIS) infrastructure; (©) Process and evaluate information of JobStart registrants and prospective employers to ensure both meet the eligibility criteria; (O Conduct job matching and referral. Immediately following completion of and graduation from life skills training, PESO shall confirm JobStart trainee’s interest and availability, commence job-matching against vacancies, and arrange interview of JobStart trainees with employers; (@ Review the completeness of relevant financial and administrative documents and reports submitted by the employers for the processing of funding requests and training grants to JobStart trainees, as well as the administrative fee provided to the employer; (h) Maintain complete profile and record of transactions of program participants and employers; (i) Regularly update the PEIS transactions and data on program participants and employers; and () Submit monthly program monitoring reports to concerned DOLE Regional and Field Offices. RULE 9 GRIEVANCE COMMITTEE Section 1. Objective. It is recognized that JobStart may give rise to grievances and complaints from or related to a variety of sources and levels: employers, JobStart trainees, PESOs and other stakeholders. To ensure transparent and accountable program, the JobStart Grievance Committee shall be constituted. The Grievance Committee is tasked to handle and review any complaints or grievances from JobStart trainees, participating employers, registered training organizations, and PESOs. The Grievance Committee shall have the initial responsibility of settling differences in any case of violation of the training agreement or upon filing of a complaint by an aggrieved party. Page | 14Section 2. Composition. The Grievance Committee shall be composed of officials and representatives from concerned DOLE Regional and Field Offices, and PESOs which have jurisdiction over concerned establishments. The Committee shall investigate and render a decision pursuant to pertinent rules and regulations. In case of failure by the Grievance Committee to settle the issue or render a decision, or in case the complaint is against the member of the Grievance Committee, the case shall be referred to BLE for appropriate action. Depending on the nature and type of grievance, the Grievance Committee shall operate at three (3) levels, namely: (a) LGU/PESO Level Grievance Committee. The LGU/PESO Grievance Committee shall consist of: i. ‘The PESO Manager, as Chairperson ii, Members consisting of the senior representative of the LGU as designated by the local chief executive and PESO JobStart staff (b) DOLE Regional Office Level Grievance Committee. The DOLE Regional Office Grievance Committee shall consist of: i. The Director of the DOLE Regional Office, as Chairperson ii, Members consisting of one (1) or two (2) Field Office representatives, the DOLE Regional Office JobStart representative; and concerned PESO Manager/s The DOLE Regional Offices, as deemed necessary, may constitute a grievance committee at the Field Offices, particularly in island provinces or areas which are not easily accessible. In this case, the concerned DOLE Field Office Head may additionally serve as the Co-chairperson. (©) BLE Level Grievance Committee. The BLE Grievance Committee shall consist of: i. The Director of BLE, as Chairperson ii, Members consisting of Division Chief and BLE JobStart Program Officer/s Section 3. Procedures of Grievance and Disputes. A grievance shall be resolved by a responsible officer depending on its nature and the parties involved. Thus: (a) A grievance against a PESO officer is to be resolved by the LGU/PESO Level Grievance Committee. (b) A grievance against or involving a JobStart trainee is to be resolved preliminarily by the LGU/PESO Level Grievance Committee, but may be referred to the DOLE Field Office or directly to the DOLE Regional Office Level Grievance Committee if not resolved in the LGU/PESO Level Grievance Committee. (©) A grievance against an employer, TVI or a contractor is to be resolved by the DOLE Regional Office Level Grievance Committee. Page | 15(@ A grievance against a national JobStart Unit member is to be resolved directly by the BLE Level Grievance Committee. If there is perceived conflict of interest, the issue is to be assessed or resolved by the DOLE Legal Service. (©) Depending on the nature of the grievance, the JobStart Unit may call upon other relevant DOLE agencies to assist in the investigation. (® Once action has been recommended or taken, and depending on the nature and or confidentiality of the grievance/resolution, the parties shall be informed of the resolution or decision by the committee. (g) Where it has been determined that treatment of the grievance is the responsibility of the PESO, the treatment and documentation thereof will be dependent upon the standard processes of the relevant LGU or its legal office. Section 4. Documentation of Grievance. Implementing PESOs shall nominate a designated officer for receipt or documentation of a grievance. A Grievance Incidence Logbook will be maintained in each PESO. The logbook will record pertinent information such as the date of receipt of grievance; whether the grievance has been reported orally or in writing; parties involved; nature of grievance; source of grievance; resolution or action recommended and taken; and status/date of closure. A logbook shalll be used for the following purposes: a. Records of any grievances received and resolved will be included in the JobStart monthly progress reports submitted to DOLE. b. At the end of each month, the PESO will forward a copy of the relevant logbook to the JobStart Unit. If no grievance has been reported in the period, the PESO will forward a “Null” report. ¢. There may be instances that the grievance reporter may request confidentiality or refuse to provide his/her name and contact details. The designated officer must assess if the grievance is likely to require detailed investigation, contact details of the reporter shall be recorded to allow the investigation, but confirm that all details will remain confidential. Without substantive details, any investigation into a grievance may not be able to proceed, and therefore may not be resolved. Section 5. Incidence Reporting. In case of a reported incident of an industrial accident, theft, fighting at the workplace involving a JobStart trainee, and the like, the event is to be recorded in a Grievance Incidence Logbook and an Incident Report is to be completed by the PESO JobStart Program Officer within 24 hours. The Incident Report shall be transmitted to the DOLE Regional Office course through the Provincial/Field Office as soon as reported. The reporting office will continuously update the report until the matter has been fully resolved. Upon resolution, the report is to be submitted to the BLE JobStart Unit, together with accompanying documentation. Page | 16RULE 10 OVERSIGHT COMMITTEE, Section 1. Objective. An Oversight Committee shall oversee the implementation of JobStart. It shall take lead in the general review of institutional performance, through audit, evaluation, monitoring, and investigation, with particular attention to program failures to carry out mandates, to preserve discipline and to help the program enhance its effectiveness and sustainability. Section 2. Composition. The Committee shall be chaired by DOLE. The Committee shall be composed of representatives of the DILG, DSWD, NYC, TESDA, and other representatives from the youth, employer, and labor sectors. The BLE shall serve as secretariat to the Oversight Committee. Oversight Committee members must hold the position of at least Director level or its equivalent in the case of representatives from the youth, employer, and labor sectors. The Committee shall be convened at least twice a year. Section 3. Annual Report. An annual progress report shall be transmitted to both Houses of Congress through the DOLE Secretary by the 31 January of every year. The Annual Report shall contain, among others, details on progress based on key performance indicators, procurement status, financial statements, and policy recommendations. RULE 11 LABOR MARKET INFORMATION SYSTEM (LMIS) Section 1. PESO Employment Information System. The PEIS, formerly named as Skills Registry System (SRS), is the enhanced version of the 2009 SRS windows offline application system. The PEIS shall serve as a tool for recording and management of program transactions and job matching, The PESO staff shall be trained in the use of PEIS and job matching and referral. Section 2. IT Infrastructure. The DOLE Regional and Field Offices and the BLE shall establish the necessary information technology (IT) infrastructure and system to improve the collection, processing, analysis, report development, and dissemination of PESO statistics and other LMI. Funds shall be allocated for the procurement of computers/laptops and peripherals and upgrading of IT equipment and software licenses. It shall be the LGU's responsibility to provide subscription to internet connection. Section 3. Labor Market Analysts. The DOLE Regional/Field Offices and BLE shall hire labor market analysts to continuously provide technical assistance to the PESOs and improve LMIS at all levels. The analysts shall forecast skills need; maintain statistical database on labor market conditions; conduct research projects on labor market trends; and analyze potential impact of related legislations/policies on labor market and employment. They must be qualified in any of the following fields: mathematics, statistics, labor economics, market research, demography, or data analytics. Page | 17PARTV FINANCIAL ARRANGEMENTS RULE 12 PAYMENT OF ALLOWANCES AND STIPENDS Section 1. Life Skills Training Allowance. For the duration of the life skills training, the JobStart trainee shall receive training allowance. The amount of life skills training allowance will be determined by DOLE. Allowances shall be disbursed by the PESO on a daily basis at the end of each training day. The payroll shall be duly supported by signed attendance sheets of JobStart trainees, attested by the PESO or training provider, and shall be released directly to the trainees. Should any trainee incur a half day attendance, he/she shall only receive half or 50% of the agreed daily allowance. Section 2. Technical Training Allowance. For the duration of the technical training, the JobStart trainee shall receive a training allowance. The amount of technical training allowance will be determined by DOLE. Specifically, the following shall be adopted: (a) The JobStart trainee shall be compensated twice (200%) the daily training allowance for attending training on regular holidays and 130% for attending training on special non-working holidays at the expense of the employer. (b) The employer, however, has the discretion not to conduct training during regular or special non-working holiday. (©) During emergency situations where the establishment's location is affected by the human-induced and natural calamities such as typhoons, earthquakes, floods, armed conflicts, and similar events/situations, the employer is required to pay the JobStart trainee the full amount equivalent to one day training allowance if the trainee is already in the premises prior to the official announcement of the cancellation of the activity. (@ Should the JobStart trainee incur a half day attendance during his/her training, he/she shall receive only half or 50% of the approved daily allowance, There will be no deduction in the allowance if tardiness was incurred under reasonable causes such as a family emergency or health issue beyond the control of the JobStart trainee. (© At the employer's discretion, a deduction of PhP1.00 per three (3) minutes will be sanctioned from the JobStart trainee’s allowance if he/she incurs any tardiness. A grace period of 15 minutes will be imposed. However, if the JobStart trainee is late for more than 60 minutes, such will be considered a half day absence. ( Training allowances during the technical training will be disbursed by the training provider or the employer on a weekly or semi-monthly basis at intervals not exceeding 16 calendar days. In the event that the employer or training provider may be administratively constrained in disbursing the payment of the training allowances, the employer or training provider may seek assistance from the PESO. However, the administrative fees given to employers may also be reduced accordingly. Page | 18Section 3. Internship Stipend. Partner employers shall provide the JobStart trainee with daily stipend of not less than 75% of the prevailing minimum wage in the region as prescribed by the Regional Tripartite Wages and Productivity Board. The amount of stipend received by trainees must be based on the accumulated daily attendance, and those absences, tardiness or under time incurred shall be deducted accordingly. The employer may adopt a payroll system or any other form or mode of payment for the JobStart trainee’s internship stipend as it may deem efficient and effective. Internship stipend shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days and shall be accompanied by a pay slip issued to the JobStart trainee. RULE 13 ENTITLEMENT TO OTHER BENEFITS AND INCENTIVES Section 1. Accident Insurance. Notwithstanding the LGU or the employer's preference to provide additional or other health service or insurance support, the JobStart trainee shall be covered with basic accident insurance for the duration of the program to be paid by DOLE Regional Offices. Such insurance may be taken from the Government Service Insurance System (GSIS) or other government-accredited insurance agencies. Accident insurance coverage shall be valid for one year and shall commence on the first day of the life skills training. The management of insurance benefits shall be as follows: (a) Official list of qualified JobStart trainees shall be provided to DOLE immediately after registration; (b) Orientation and release of accident insurance coverage ID shall be provided to JobStart trainee before the end of life skills training; and (©) Monitoring and administration of the insurance coverage and claims will be the responsibility of the PESO where the beneficiaries are registered. Section 2. Pre-training/Employment Medical Examination. The employer shall reimburse from DOLE Regional Offices, through the PESO, the JobStart trainee’s pre- training/employment medical examinations. The amount of medical examination shall be determined by DOLE. Medical examinations shall be conducted in any government or duly accredited clinic or hospital. The following medical tests may be administered to the JobStart trainee: (a) Medical history and complete physical examination; (b) Complete blood count with platelet count; (©) Routine urinalysis; (@) Routine stool examination or fecalysis; (e) Chest X-Ray; (© Dental history and examination; (g) Visual acuity (far and near vision); (h) Drug tests; or (@ Other tests and medical procedures that may be specifically required by the employers, as may be relevant to the position where JobStart trainee will be trained, subject to approval by the JobStart Unit. Page | 19The cost for the issuance of medical certificate may also be charged to the program, provided that the total cost for all medical tests do not exceed the budget ceiling per JobStart trainee. In the event that the total amount exceeds the ceiling, the amount in excess shall be paid by the employer. In case a JobStart trainee is found positive for illegal drugs, the trainee shall be referred by the PESO for rehabilitation counseling to the appropriate government unit. The trainee shall be disqualified to proceed with the program until such time that he/she can provide a medical clearance or certificate. Section 3. Security Clearances and Permits. The JobStart Unit shall also cover the cost for pre-employment clearances and documentary requirements. This shall include Police Clearance, NBI Clearance, and Health Permit. The LGUs shall exempt the JobStart graduates from paying work permit, Barangay Clearance, cedula or Community Tax Certificate. The amount shall be determined by DOLE. Section 4. Other Benefits. The employer may provide full wage and additional accident, medical, social insurance coverage ‘SSS, PhilHealth, and Pag-IBIG), meals, and transportation allowance to the JobStart trainee in addition to the aforementioned benefits. RULE 14 TRAINING GRANT AND ADMINISTRATIVE FEE FOR EMPLOYERS Section 1. Training Grant. The JobStart Unit shall cover the cost of in-house technical training per trainee. The amount will be determined by DOLE which may be adjusted during its annual program review. Additional training cost may be requested for highly skilled technical internship positions, subject to approval of DOLE Regional Director. Section 2. Administrative Fee. Administrative fee refers to the counterpart cost of DOLE to the employers administrative cost in managing JobStart such as preparation of payroll of JobStart trainees, use of supplies and equipment, and other indirect/related expenses pertaining to the technical training and internship in the establishment. Direct training expenses shall be part of the training grant. The employers shall receive the monthly administrative fee per trainee up to a maximum of six (6) months commencing on the date of technical training or internship (if technical training is not required). The amount will be determined by DOLE which may be adjusted during its annual program review. The claim for administrative costs by employers shall be supported by proof of trainee’s attendance and payroll. The computation shall be based on the number of months attended and may be prorated based on number of days attended per month. Payment schedule shall be stipulated in the MOA between DOLE and partner employers. Page | 20PART VI FILING OF COMPLAINTS AND PENALTIES RULE 15 ‘TERMINATION OF TRAINING CONTRACT Section 1. Termination by the Employer. The partner employer may terminate the training contract based on any of the following valid causes: (a) Habitual absenteeism of the JobStart trainee. A JobStart trainee is considered habitually absent if the trainee has incurred absences equivalent to 20% of the total number of training days stipulated in the approved training plan. (b) Willful disobedience by the JobStart trainee of the establishment's rules, or insubordination of a lawful order of a superior, pursuant to Article 297, Book VI (Post Employment) of the Labor Code of the Philippines, as renumbered. (c) Theft or malicious destruction of the establishment's property or equipment by the JobStart trainees or properties of other establishments when the incident happens during the official training/internship hour(s), regardless of the amount involved. (@) Engaging in violence or other forms of misconduct in the training or establishment's premises by the JobStart trainees. Inefficiency or poor training performance, based ‘on performance evaluation conducted by the employer, for a prolonged period despite warnings duly given to the JobStart trainees. Section 2. Termination by the Trainee. The trainee may terminate the training contract based on any of the following valid causes: (a) Substandard or hazardous/unsafe working conditions within the establishment's premises; (b) Cruel and inhumane treatment, violence, sexual harassment, or discrimination as may be defined under existing laws and regulations; (©) Prolonged or continuing illness as certified by physicians; (@) Pregnancy, if the training program poses as significant risk or hazard to the mother or unborn child; (©) Migration or transfer of residence that would hinder the continued participation of the trainee; or (© Non-compliance of the employer to terms and conditions stipulated in the Training Contract. Section 3. Notice of Termination and Replacement. Either party may terminate the ‘Training Contract by serving a written notice to the other party and the PESO at least five (5) working days prior to the effectivity of the termination. In case the termination is caused by the employer, the JobStart trainee may still be referred to other participating employers. In case the termination is caused by the JobStart trainee’s non-adherence to the program guidelines, a new trainee may still be provided to the employer. Page | 21,RULE 16 PENALTIES Section 1. Penalty Clause. Any violation of the provisions of the Act or this Rules and Regulations shall be penalized in accordance with the provisions of Book 5 of the Labor Code as amended, that is punishable by either: (a) A fine of not less than PhP1,000.00 but not more than PhP10,000.00; or (b) Imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Prosecution under this provision shall preclude prosecution for the same act under the Revised Penal Code, and vice versa. Section 2. Unregistered JobStart Program. Employers and TVIs found offering unregistered JobStart programs shall be subjected to program closure proceedings without prejudice to the filing of administrative, criminal or civil cases. They shall also be banned from participating in future JobStart activities. Unregistered programs, as defined, are JobStart programs implemented by employers and TVIs without knowledge and approval of DOLE. Employers offering internships paying below the minimum wage or using JobStart’s logo and trademark without prior agreement with DOLE, fall under this classification. The DOLE Secretary or his authorized representative may file the necessary civil and/or criminal cases as may be deemed reasonable and appropriate pursuant to the Act for any of the following causes: (a) Fraud or deceit committed in connection with the employer's participation in the JobStart; and/or (b) Failure to comply with the conditions or obligations prescribed under this Act or its implementing rules and regulations. Without prejudice to the filing of civil and/or criminal cases, program closure proceedings and/or the suspension to access of PESO services entails the review, endorsement and recommendation of the Grievance Committee as described herein. Section 3. Procedures on Filing of Cases. Subject to the nature of complaint, the PESO has the initial jurisdiction to take the necessary action to resolve issues subject of the dispute. In case the issue emanates from the PESO or that the PESO Manager or staff are the subject of the dispute, then the complaint shall be forwarded to the LGU for proper deliberation. Failure to reach a viable resolution, the case will be elevated to the DOLE Grievance Committee for appropriate review and endorsement of the case, if needed. All parties to the dispute shall be entitled to attend the proceeding, in accordance with applicable laws, rules, and regulations. With reference to the procedural machinery of the Labor Code, members of the Grievance Committee are expected to make recommendation within 20 working days. The decision shall contain the facts and the law on which it is based or in accordance with applicable laws, rules, and regulations. It shall be final and executory after 10 calendar days from receipt of the award or decision by the parties. Page | 22PART VII FINAL PROVISIONS RULE 17 APPROPRIATIONS AND OTHER PROVISIONS Section 1. Appropriations. To carry out the provisions of the Act, such sums as may be necessary for the continued implementation of the Act shall be included in the General Appropriations Act as a separate item under DOLE’s budget. The national government shall continue to provide appropriations for the rollout implementation of JobStart, adding at least ten (10) PESOs or project areas per year. It shall include in its budget provision, the cost for the establishment of JobStart Units in the regions, procurement of IT equipment for enhancement of PEIS in all regions and PESOs, among others. The DOLE shall develop a Medium-Term JobStart Rollout Plan within 90 days from the effectivity of this Rules and Regulations. Section 2. Review of JobStart Rules and Regulations. This Rules and Regulations shall be subjected for review and amendment every three (3) years or as may be deemed necessary upon series of consultations with concerned program stakeholders. Section 3. Separability Clause. If any of the provisions of this Rules and Regulations or part thereof is declared unconstitutional or invalid by a competent court, the remaining parts shall not be affected. Section 4. Repealing Clause. All rules and regulations, agreements and procedures inconsistent herewith are hereby repealed or modified accordingly. Section 5. Effectivity. This Rules and Regulations shall take effect 15 days from its publication in the Official Gazette or in two (2) newspapers of general circulation. Secretary Dept. of Labor & Employment Office ofthe Secretary VN AA 08 September 2017 Page | 23