Training and Employment of

Special Workers
Labor Law I
Fridays 5:30-8:30
 Apprentices
• Practical training on the job
supplemented by related theoretical
instructions
• For any trade, form or employment or
occupation which requires more than 3
months of practical training on the job
supplemented by related theoretical
instructions
 Qualifications of Apprentices
1. At least 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.
• Highly Technical Industry- utilizes application
of advanced technology.
• Apprenticeable Occupation- job officially
endorsed by a tripartite body and approved
for apprenticeship by TESDA.
• Compensation- 75% of the statutory
minimum wage
• Working Hours
– 14 years old (4 hrs a day/20 hrs a week, no work
fro, 8:00pm-6:00am)
– 15-18 yrs old (8 hrs a day/40 hrs a week, no work
from 10:00pm to 6:00am)
• Duration- maximum of 6 months
• Employer not obliged to absorb the apprentice
• Termination (employer or apprentice)
• Contents of Apprenticeship Agreement:
1. Names and addresses of partoes
2. Birthdate of apprentice
3. Trade, occupation or job
4. No. of hours
5. Schedule
6. Probationary period
7. Transfer agreement
• Venues for Training
1. Within the sponsoring firm, establishment
or entity,
2. In a public institution, or
3. A combination of both
• Power to Investigate- TESDA
• Appeal to SOLE w/in 5 days from receipt of
the decision. SOLE’s decision shall be final
and executory
• Deductibility of Training Cost – deduction
from taxable income of ½ of the value of labor
training expenses incurred for developing the
productivity and efficiency of apprentices ,
duly recognized program by DOLE, deduction
does not exceed 10% of direct labor wage and
apprentice are paid minimum wage
• Apprenticeship without Compensation-
required by the school or training program
curriculum or as requisite for graduation or
board exam
 Century Canning Corporation vs. CA

• Prior approval by the Department of

Labor and Employment of the proposed
apprenticeship program is, therefore, a
condition sine qua non before an
apprenticeship agreement can be validly
entered into.
 Learners
• Trainees in semi-skilled and other industrial
occupations which are non-apprenticeable
• Not more than 3 months of practical training on
the job
• No experienced workers, to prevent curtailment
of employment opportunities, no unfair
competition
• Employer must have a Learnership Program duly
approved by TESDA
• Min. age requirement: at least 15 years old
• Below 18 yrs old can be employed only in non-
hazardous occupation
 Learnership Agreement
1. Names and addresses of the learners,
2. Duration, which shall not exceed 3 months,
3. Wages or salary rates which shall begin at
not less than 75% of the applicable minimum
wage, and
4. Commitment to employ as regular
employees upon completion of the
learnership.
 Handicapped Workers
• Earning capacity is impaired by age or physical
or mental deficiency or injury.
• RA 7277: Magna Carta of Persons with
Disability
– qualified disabled person is subject to the same
terms and conditions of employment and the
same compensation, privileges, benefits, XXXX as
a qualified able-bodied person.
 Handicapped Workers
• Prohibitions on Discrimination Against
Disabled Persons
• Incentives for Employers: additional deduction
from their gross income, equivalent to 25% of
the total amount paid as salaries and wages
to disabled persons
– DOLE Certification (employing persons with
disability)
– DOLE Accredited disabled employee
• Employment Agreement
–Names and addresses of the
handicapped workers to be employed,
–Rate to be paid which shall not be less
than 75% of the applicable minimum
wage,
–Duration of employment period, and
–Work to be performed.
• Eligibility for apprenticeship
 Bernardo vs. NLRC
• The Magna Carta for Disabled Persons mandates
that a qualified disabled employee should be
given the same terms of employment as a
qualified able-bodied person. This being so,
employees are thus covered by Art. 286 of the
Labor Code which defines regular employment to
be that the employee has been engaged to
perform activities usually necessary or desirable
in the usual business or trade of the
employer. The task of counting and sorting bills is
necessary to the business of respondent bank.