BIT-International College

Subject: Labor Code of the Philippines

Professor: Junje C. Daguplo, LPT

TRAINING & EMPLOYMENT OF SPECIAL WORKERS

CH1: TYPES OF SPECIAL WORKERS

1. Apprentice
2. Learner
3. Handicapped

Art 57 STATEMENT OF OBJECTIVES FOR THE TRAINING & EENT OF SPECIAL WORKERS
1. To help meet the demand of the economy for trained manpower;
2. To establish a national apprenticeship program; and
3. To establish apprenticeship standards for the protection of apprentices.

Art 58: DEFINITION OF TERMS

Apprenticeship – practical training on the job supplemented by related theoretical instruction, for a highly skilled
or technical instruction for a period of 3-6 months
Apprentice – a person undergoing training for an approved apprenticeable occupation during an established
period assured by an apprenticeship agreement
Apprenticeable Occupation – an occupation officially endorsed by a tripartite body and approved for apprenticeship
by the TESDA (no longer the Sec of Labor)
Apprenticeship Agreement – an EENT contract wherein the EER binds himself to train the apprentice and the
apprentice in turn accepts the terms of training
On-the-job training – practical work experience through actual participation in productive activities given to or
acquired by an apprentice
Highly technical industries – a trade, business, enterprise, industry or other activity, w/c is engaged in the application of advanced
technology.

Art 59: QUALIFICATIONS OF APPRENTICES

1. At least 15 y/o, provided that if below 18 y/o, he shall not be eligible for hazardous occupation;
2. Physically fit for the occupation in w/c 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 & written instructions.

Note: Total physical fitness is not required of the apprentice-applicant unless it is essential to the expeditious
and effective learning of the occupation. Only physical defects w/c constitute real impediments to effective perf
as determined by the plant apprenticeship committee may disqualify an applicant.

Art 60: EMPLOYMENT OF APPRENTICES

Qualifications to be met by EER:
1. Only EERS in highly technical industries may employ apprentices; and
2. Only in apprenticeable occupations as determined by the TESDA.

Requisites for a Valid apprenticeship:

1. Qualifications of apprentice are met;
2. Apprentice earns not less than 75% of the prescribed minimum salary;
3. Apprenticeship agreement duly executed & signed;
4. Apprenticeship program must be approved by the TESDA; otherwise the apprentice shall be deemed a regular
EE;
5. Period of apprenticeship shall not exceed 6 months
BIT-International College
Subject: Labor Code of the Philippines
Professor: Junje C. Daguplo, LPT

Note: at the termination of the apprenticeship, the EER is not required to continue the EENT
There is no valid apprenticeship if:
1. The agreement submitted to the TESDA was made long after the workers started undergoing apprenticeship;
2. The work performed by the apprenticeship was different from those allegedly approved by TESDA;
3. The workers undergoing apprenticeship are already skilled workers;
4. The workers were required to continue undergoing apprenticeship beyond 6mos.

Art 61: CONTENTS OF APPRENTICESHIP AGREEMENT

1. Full name & address of the contracting parties;
2. Date of birth of the apprentice;
3. Name of trade, occupation or job in w/c the apprentice shall be trained and the dates on w/c such training
will begin and will proximately end;
4. Appropriate number of hours of OJT w/ compulsory theoretical instruction w/c the apprentice shall undergo
during his training;
5. Schedule of the work processes of the trade/occupation in w/c the apprentice shall be trained and the approx.
time to be spent on the job in each process;
6. Graduated scale of wages to be paid to the apprentice;
7. Probationary paid of the apprentice during with either party ay summarily terminate their agreement; and
8. A clause that if the EER is unable to fulfill his training obligation, he may transfer the agreement, w/ the
consent of the apprentice to any other EER who is willing to assume such obligation.

Working Hours – shall not exceed the max number of hours prescribed by law, if any, for a worker of his age
and sex. Time spent in compulsorily theoretical instruction shall be considered hours of work. An apprentice not
otherwise barred by law from working 8hrs may be requested by his EER to work overtime and paid accordingly.

Art 62: SIGNING OF APPRENTICESHIP AGREEMENT

Who signs:
1. The apprentice, if of age, otherwise, by his parent or guardian, or in the latter’s absence, by an authorized
rep of TESDA; and
2. EER or his duly authorized rep

Art 63: VENUE OF APPRENTICESHIP PROGRAM

1. Within the sponsoring firm, establishment or entity; or
2. Within a DOLE training center or other public training institutions; or
3. Initial training in trade fundamentals in a training center or other institutions w/ subsequent actual work
participation w/in the sponsoring firm or entity during the final stage of training.

Art 64: SPONSORING OF APPRENTICESHIP PROGRAMS

BY:
1. The plant, shop or premises of the EER or firm concerned if the apprenticeship program is organized by an
individual EER 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 EERS, civic group and the like; and
3. DOLE Training Center or other public training institutions w/ w/c the TESDA has made appropriate
arrangements.