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SPECIAL TYPES OF WORKERS APPRENTICES

Apprenticeship
 means practical training on the job supplemented by related theoretical instruction.
 is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the
entities recognized under this Chapter.

Apprenticeable occupation
 means any trade, form of employment or occupation which requires more than three (3) months of practical
training on the job supplemented by related theoretical instruction.

Apprenticeship agreement
 is an employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn
accepts the terms of training.

Apprentices without compensation.


 The Secretary of Labor and Employment may authorize the hiring of apprentices without compensation whose
training on the job is required by the school or training program curriculum or as requisite for graduation or board
examination.

Apprenticeable Occupation
 an occupation officially approved for apprenticeship by TESDA.

(DEPARTMENT ORDER NO. 68-04) COVERAGE:


1. Any enterprise duly registered with the appropriate government authorities with ten (10) or more regular workers
is qualified to join the program. The number of apprentices for each participating enterprise shall not be more than
20 percent of its total regular workforce.
2. Any unemployed person 15 years old and above may apply for apprenticeship with any participating enterprise.
 Note:
i. No enterprise shall be allowed to hire apprenticeship unless its apprenticeship program is
registered and approved by TESDA.
Q: WHAT AGENCY APPROVES APPRENTICESHIP PROGRAM?
A: TESDA (Technical Education Skills Development Center) in order to remove an
apprentice from the provisions of the labor code, the industry must be registered w/
TESDA. Otherwise, they will be considered regular employees.

QUALIFICATIONS

Labor Code Article 59.


Qualifications of apprentice.
 To qualify as an apprentice, a person shall:
1. Be at least fourteen (14) years of age;
2. Possess vocational aptitude and capacity for appropriate tests; and
3. Possess the ability to comprehend and follow oral and written instructions.

Trade and industry associations may recommend to the Secretary of Labor appropriate educational
requirements for different occupations.

Omnibus Rules Section 11.


Qualifications of apprentices. –
 To qualify as apprentice, an applicant shall:
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 non-hazardous 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.

Trade and industry associations may, however, recommend to the Secretary of Labor and Employment
appropriate educational qualifications for apprentices in certain occupations.

Such qualifications, if approved, shall be the educational requirements for apprenticeship in such
occupations unless waived by an employer in favor of an applicant who has demonstrated exceptional
ability. A certification explaining briefly the ground for such waiver, and signed by the person in charge
of the program, shall be attached to the apprenticeship agreement of the applicant concerned.

IMPORTANCE Article 57. Statement of objectives.

This Title aims:

1. To help meet the demand of the economy for trained manpower;


2. To establish a national apprenticeship program through the participation of employers, workers and government
and non-government agencies; and
3. To establish apprenticeship standards for the protection of apprentices.

NATURE Omnibus Rules Section 3.

Voluntary nature of apprenticeship program.


 The organization of apprenticeship program shall be primarily a voluntary undertaking of employers, except as
otherwise provided.

Article 70. Voluntary organization of apprenticeship programs;


 General Rule:
1. The organization of apprenticeship program shall be primarily a voluntary undertaking by employers;
 Exemptions
1. When national security or particular requirements of economic development so demand, the President of
the Philippines may require compulsory training of apprentices in certain trades, occupations, jobs or
employment levels where shortage of trained manpower is deemed critical as determined by the Secretary
of Labor and Employment. Appropriate rules in this connection shall be promulgated by the Secretary of
Labor and Employment as the need arises; and
2. Where services of foreign technicians are utilized by private companies in apprenticeable trades, said
companies are required to set up appropriate apprenticeship programs.

Section 41. Compulsory apprenticeship. –


(a) 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;
(b) Where services of foreign technicians are utilized by private companies in apprenticeable trades said companies
are required to set up appropriate apprenticeship programs.

QUALIFIED EMPLOYERS 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)
o Section 8. Trades to be included in apprenticeship programs. - Only trades and occupations declared
apprenticeable by the Secretary of Labor and Employment may be included in apprenticeship programs.
o Section 9. Who may establish programs. - Any entity, whether or not organized for profit may establish or
sponsor apprenticeship programs and employ apprentices.
o Section 15.Apprenticeable trades. -The Bureau shall evaluate crafts and operative, technical, nautical,
commercial, clerical, technological, supervisory, service and managerial activities which may be declared
apprenticeable by the Secretary of Labor and Employment and shall have exclusive jurisdiction to
formulate model national apprenticeship standards therefor.

APPROVAL OF DOLE Article 65.


Investigation of violation of apprenticeship agreement.
 Upon complaint of any interested person or upon its own initiative,
 the appropriate agency of the Department of Labor and Employment or its authorized representative shall
investigate any violation of an apprenticeship agreement pursuant to such rules and regulations as may be
prescribed by the Secretary of Labor and Employment.

INCENTIVES OF EMPLOYER Article 71.


Deductibility of training costs.
 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 shall be granted to the person or enterprise organizing
an apprenticeship program:
o Provided, That such program is duly recognized by the Department of Labor and Employment:
o Provided, further, That such deduction shall not exceed ten (10%) percent of direct labor wage: and
o Provided, finally, That the person or enterprise who wishes to avail himself or itself of this incentive
should pay his apprentices the minimum wage.

Article 72. Apprentices without compensation.


 The Secretary of Labor and Employment may authorize the hiring of apprentices without compensation whose
training on the job is required by the school or training program curriculum or as requisite for graduation or board
examination.

Section 42. Certification from Apprenticeship Division. –


 An employer desiring to avail of the tax deduction provided under the Code shall secure from the Apprenticeship
Division a certification that his apprenticeship program was operational during the taxable year concerned.
 Such certification shall be attached to the employer's income tax returns for the particular year.
 Guidelines for the issuance of such certification shall be prepared by the Bureau and approved by the Secretary of
Labor and Employment.

DURATION Section 19. Apprenticeship period. –


 The period of apprenticeship shall not exceed six (6) month