Issue

Whether or not there is a maximum number of trainees a company may hire

Summary

The Labor Code and its Implementing Rules and Regulations do not provide for a cap on
the number of trainees a company may hire. It however provides for limitations and
conditions on the hiring of trainees (learners or apprentices).

Discussion

An apprentice is a person undergoing training for an approved apprenticeable occupation

during an apprenticeship agreement.
1. The apprentice must be paid not less than 75% of the prescribed minimum salary
[Art. 61]; HOWEVER, the employer MAY NOT pay any wage if the apprenticeship
training is:
a. part of the school curriculum
b. a requirement for graduation, or
c. a requirement for board examination [Art. 72]
2. The apprenticeship agreement must be approved by the DOLE Secretary (without
such one shall be deemed a regular employee) [Nitto Enterprises v. NLRC, G.R. No.
114337 (1995)];
3. The employer is not compelled to continue one’s employment upon termination of
apprenticeship; 4. One-half (1/2) of the value of labor training expenses incurred for
developing the productivity and efficiency of apprentices of the training cost is
deducted from the employer’s income tax but it shall not exceed 10% of direct labor
wage [Art.71]

On the other hand, a learner is a person hired as a trainee 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; Sec. 4(n), RA 7796]
1. The duration of learnership shall not exceed 3 months [Art. 73];
2. If the learnership of 3 months is completed, the employer may be compelled to
continue with the services of the learner as a regular employee; There is a
commitment from the employer to employ the learners if they so desire, as regular
employees upon completion of the learnership;
3. If the learner is dismissed from service without just and valid cause and without due
process after 2 months of service, he will be deemed as regular employee; [Art. 75(d)]
and
4. The wages or salary rates of the learners which shall begin at not less than 75% of
the applicable minimum wage. [Art. 75(c)]