1. Define Apprenticeship
Is TESDA’s approval of apprenticeship program
Apprenticeship means practical training on the
job supplemented by related theoretical instruction.
2. Define Apprentice
An apprentice is a worker who is covered by a
written apprenticeship agreement with an individual
employer or any of the entities recognized under the law.
He is a person undergoing training for an approved
apprenticeable occupation.
3. Define apprenticeable occupation.
An apprenticeable occupation means any trade,
for of employment or occupation which requires more than
3 months of practical training on the job with compulsory
related theoretical instructions.
4. What are the qualifications to be an apprentice?
The qualifications of an apprentice are:
a. Be at least 15 years of age; provided those
who are at least 15 years of age but less than
18 may be eligible for apprenticeship only in
nonhazardous occupations.
b. Be physically fit for the occupation in which
he desires to be trained;
c. Possess vocational aptitude and capacity for
the particular occupation as established
through appropriate tests; and
d. Possess the ability to comprehend and follow
oral and written instructions.
5. What are the requisites for a valid Apprenticeship
Program?
a. Qualifications of Apprentice are met;
b. Apprentice earns not less than 75% of the
prescribed minimum salary;
c. There must be an apprenticeship agreement
duly executed and signed;
d. Apprenticeship program must be approved
by the Secretary of Labor otherwise the
apprentice shall be deemed a regular
employee; and
e. Period of apprenticeship shall not exceed 6
months
6. Who may employ apprentices?
Only employers in highly-technical industries
may enter into apprenticeship agreements or otherwise
employ apprentices only.
7. Define what is a highly technical industry.
A highly technical industry refers to a trade,
business, enterprise, industry or other activity which
utilizes the application of advanced technology.
8.
required before the employer is allowed to hire
apprentices?
Yes. This is to ensure the protection apprentices
and to obviate possible abuses by prospective employers
who may want to take advantage of the lower wage rates
for apprentices and circumvent the right of the employees
to be secure in their employment.
In the absence of a valid apprenticeship program,
the apprenticeable agreement has not force and effect. Thus,
the apprentice is deemed a regular employee as he has been
engaged to perform activities which are usually and
necessary or desirable in the usual business or trade of the
employer.
9. What is the benefit of the certificate of recognition?
The employer is able to hire an apprentice, and
the employer shall be entitled to technical assistance which
includes training expenses’ deduction from its income tax.
10. How long is the apprenticeship period?
Apprenticeship period shall be for a period of
more than 3 months but not over 6 months. (DOLE Circular
No. 2, s.
2006)
Note: the employer has the option to employ the
apprentice even before the completion of the
apprenticeship period.
11. Is there an education qualification in hiring an
apprentice?
No. However, Trade and Industry Union may
recommend to the DOLE appropriate educational
qualifications for apprentices in certain occupations. If the
same is approved, it will constitute an educational
requirement, unless waived by the employer. But the waiver
must have a certification of explanation signed by the
person in-charge of the program and shall be attached to the
apprenticeship program.
12. What is the wage rate of an apprentice?
The wage rate of the apprentice shall start at 75%
of the statutory minimum wage for the first 6 months.
Thereafter, he shall be paid the full minimum wage,
including the full costof-living allowance.
13. Are apprentices allowed to render overtime work?
Yes, if he is not barred by law from working 8
hours a day, he may be requested by his employer to work
overtime and paid accordingly, provided there are no
available regular workers to do the job.
14. Where can the actual training of apprentices can be be sought by exhausting such remedies before the courts
undertaken? will act.

a. In the plant, shop or premises of the
sponsoring employer in the case of
individual apprenticeship programs;
b. In the premises of one or several firms
designated for the purpose by the organizer
of the program if such organizer is an
association of employers, civic group or the
like; and
c. In a TESDA Training Center or other public
training institutions with which TESDA has
made appropriate arrangements.
15. What are the procedures in settling dispute for
violation of apprenticeship agreement?
a. Investigation – upon complaint of any
interested person or upon its own initiative,
the DOLE or its authorized representative
investigates any violation of an
apprenticeship contract under the prescribed
rules and regulations of the Secretary of
DOLE; and
b. Appeal – the Secretary of DOLE has
appellate jurisdiction over decisions for
violation of such apprenticeship contract.
17. What is the ratio of theoretical and on-the-job training?
The normal ratio is 100 hours of theoretical
instructions for every 2,000 hours of practical or on-the-job
training.
18. Is apprenticeship a voluntary undertaking.
Yes, an apprenticeship is a voluntary
undertaking, except on the following circumstances:
a. When there is a critical shortage of trained
manpower in certain trades, occupations,
jobs or employment levels where national
security or particular requirements of
economic development so demand, the
Secretary of DOLE may recommend to the
President the compulsory training of
apprentices; and
b. When services of foreign technicians are
utilized by private companies in
apprenticeable trade.
19. May the Secretary of Labor and Employment authorize
the hiring of apprentices without compensation?

16. Explain the Doctrine of Exhaustion of Administrative Yes, the Secretary of Labor and Employment
Remedies may authorize the hiring of apprentices without
compensation in the following circumstances:
This doctrine requires that where an
administrative remedy is provided by law, relief must first
a. If it is required by the school; However, under the Magna Carta for Disabled Persons, all
b. Part of a training program curriculum; qualified disabled workers shall receive the full amount of the
c. As requisite for graduation; or minimum wage rate pursuant to RA 7277.
d. As requisite for board examination

20. Define what is a learner.

A learner is a person hired as a trainee in industrial

occupations which are non-apprenticeable and which may be learned
through practical training on the job for a period not
exceeding 3 months, whether or not such practical training is supplemented by theoretical
instructions.

21. Differentiate apprenticeship from learnership

Learnership and apprenticeship are similar because they

both mean training periods for jobs requiring skills that can be
acquired through actual work experience. And because both a
learner and an apprentice are not as fully productive as regular
workers, the learner and the apprentice may be paid wages
twenty-five percent lower than the applicable legal minimum
wage.

They differ in the focus and terms of training. An

apprentice trains in a highly skilled job or in any job found only
in highly technical industries. Because it is a highly skilled job,
the training period exceeds three months. For a learner, the
training period is shorter because the job is more easily learned
than that of apprenticeship. The job, in other words, is
"nonapprenticeable" because it is practical skills which can be
learned in three (not six) months. A learner is not an apprentice
but an apprentice is, conceptually, also a learner.

Accordingly, because the job is more easily learnable in

learnership than in apprenticeship, the employer is committed to
hire the learnertrainee as an employee after the training period.
No such commitment exists in apprenticeship.

Finally, employment of apprentices, as stated in Article 60,

is legally allowed only in highly technical industries and only in
apprenticeable occupations approved by the DOLE. Learnership
isallowed even for nontechnical jobs.

22. When may learners be hired?

Learners may be employed when:

a. There are no experienced workers available

b. The employment of learners being necessary to
prevent curtailment of
employment opportunities; and
c. Such employment will not create unfair competition
in terms of labor costs or impair working standards.

23. What is the minimum compensation of learners?

The wage of the learner shall be 75% of the minimum

wage. Except if the learner is working on piece or incentive jobs,
he is entitled to full pay for work done during the training period.

24. Define a handicapped worker.

Under the Labor Core a handicapped worker is defined as

one whose earning capacity is impaired by age, physical, mental or
sensory deficiency or injury.

Under the Magna Carta for Disabled Persons, handicapped

persons are those suffering from restriction or different disabilities
as a result of physical, mental, or sensory impairment.

25. What is a qualified individual with a disability?

An individual with a disability who, with or without

reasonable accommodation, can perform the essential functions of the
employment position that such individual holds or desires.

26. Explain the Concept of Sheltered Employment

Sheltered employment is a concept where disabled workers

with the same qualifications, skills, training and qualities cannot
compete fairly with other workers in an open labor market; the
government is tasked to create and organize its own employment
opportunities only for the disabled workers that will suit their
qualifications, skills, training and experience.

27. What is the wage rate for handicapped workers/disabled workers?

Under the Labor Code, handicapped workers are

entitled to not less than 75% of the applicable minimum wage.