PART FOUR: HUMAN RESOURCES DEVELOPMENT AND SPECIAL TYPES

OF EMPLOYEES

A. R.A. 7796, Technical Education and Skills Development Authority

1. What is TESDA-

SEC. 5. Technical Education and Skills Development Authority; Creation.To

implement the policy declared in this Act, there is hereby created a Technical
Education and Skills Development Authority (TESDA), hereinafter referred to as
the Authority, which shall replace and absorb the National Manpower and Youth
Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and
the personnel and functions pertaining to technical-vocational education in the
regional offices of the Department of Education, Culture and Sports (DECS) and
the apprenticeship program of the Bureau of Local Employment of the
Department of Labor and Employment.

2. Composition-
SEC. 7. Composition of the TESDA Board. – The TESDA Board shall be
composed of the following:

● The Secretary of Labor and Employment

● Chairperson
● Secretary of Education, Culture and Sports
● Co-Chairperson
● Secretary of Trade and Industry
● Co-Chairperson
● Secretary of Agriculture Member
● Secretary of Interior and Local Government
● Member
● Director-General of the TESDA Secretariat
● Member

In addition, the President of the Philippines shall appoint the following

members from the private sector:

two (2) representatives, from the employer/industry organization, one of whom

shall be a woman; three (3) representatives, from the labor sector, one of whom
shall be a woman; and two (2) representatives of the national associations of
private technical-vocational education and training institutions, one of whom shall
be a women. As soon as all the members of the private sector are appointed,
they shall so organized themselves that the term of office of one-third (1/3) of
their number shall expire every year. The member from the private sector
 appointed thereafter to fill vacancies caused by expiration of terms shall hold
office for three (3) years.

The President of the Philippines may, however, revise the membership of the
TESDA Board, whenever the President deems it necessary for the effective
performance of the Board’s functions through an administrative order.

The TESDA Board shall meet at least twice a year, or as frequently as may be
deemed necessary by its Chairperson. In the absence of the Chairperson, a Co-
Chairperson shall preside. In case any member of the Board representing the
Government cannot attend the meeting, he or she shall be regularly represented
by an undersecretary or deputy-director general, as the case may be, to be
designated by such member for the purpose.

The benefits, privileges and emoluments of the Board shall be consistent with
existing laws and rules.

3. Committees

SEC. 19. Technical Education and Skills Development Committees. – The

Authority shall establish Technical Education and Skills Development
Committees at the regional and local levels to coordinate and monitor the
delivery of all skills development activities by the public and private sectors.
These committees shall likewise serve as the Technical Education and Skills
Development Committees of the Regional and local development councils. The
compositions of the Technical Education and Skills development Committees
shall be determined by the Director-General subject to the guidelines to be
promulgated by the Authority.

4. Skills Dev’t. Centers

SEC. 20. Skills Development Centers. – The Authority shall strengthen the
network of national, regional and local skills training centers for the purpose of
promoting skills development. This network shall include skills training centers in
vocational and technical schools, technical institutes, polytechnic colleges, and
all other duly accredited public and private dual system educational institutions.
The technical education and skills development centers shall be administered
and operated under such rules and regulations as may be established by the
Authority in accordance with the National Technical Education and Skills
Development Plan.
5. Incentive Schemes

SEC. 27. Incentives Schemes. – The Authority shall develop and administer
appropriate incentive
schemes to encourage government and private industries and institutions to provide
high-quality technical education and skills development opportunities.

B. Training & Employment of Special Workers

1. Apprentices

a. Definition of terms (Sec. 4 RA 7796)

● “Apprentice” is a person undergoing training for an approved apprenticeable

occupation during an apprenticeship agreement
● “Apprenticeship” means practical training on the job supplemented by related
theoretical instruction.
● “Apprenticeship Agreement” is a contract wherein a prospective employer
binds himself to train the apprentice who in turn accepts the terms of training for
a recognized apprenticeable occupation emphasizing the rights, duties and
responsibilities of each party

*Azucena Book definition: employment contract wherein the employer binds

himself to train the apprentice and the apprentice in turn accepts the terms of
training.

● “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite

body and approved for apprenticeable by the Authority

*Azucena Book definition: “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

b. Qualification (Art 59 Labor Code)

Article 59. Qualifications of apprentice. To qualify as an apprentice, a person
shall:

Be at least fourteen (14) years of age;

Possess vocational aptitude and capacity for appropriate tests; and

 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.

c. Apprenticeable occupation - 4(m) ;

DOLE DO 52-03

d. Apprenticeship agreement - 61-71

Article 61. Contents of apprenticeship agreements. Apprenticeship

agreements, including the wage rates of apprentices, shall conform to the rules
issued by the Secretary of Labor and Employment. The period of apprenticeship
shall not exceed six months. Apprenticeship agreements providing for wage rates
below the legal minimum wage, which in no case shall start below 75 percent of
the applicable minimum wage, may be entered into only in accordance with
apprenticeship programs duly approved by the Secretary of Labor and
Employment. The Department shall develop standard model programs of
apprenticeship. (As amended by Section 1, Executive Order No. 111, December
24, 1986)

Nitto v. NLRC, Sept. 29, 1995 - In Azucena* p. 135

Article 62. Signing of apprenticeship agreement. Every apprenticeship
agreement shall be signed by the employer or his agent, or by an authorized
representative of any of the recognized organizations, associations or groups
and by the apprentice.

An apprenticeship agreement with a minor shall be signed in his behalf by

his parent or guardian, if the latter is not available, by an authorized
representative of the Department of Labor, and the same shall be binding during
its lifetime.

Every apprenticeship agreement entered into under this Title shall be

ratified by the appropriate apprenticeship committees, if any, and a copy thereof
shall be furnished both the employer and the apprentice.
 Article 63. Venue of apprenticeship programs. Any firm, employer,
group or association, industry organization or civic group wishing to organize an
apprenticeship program may choose from any of the following apprenticeship
schemes as the training venue for apprentice:

Apprenticeship conducted entirely by and within the sponsoring firm,

establishment or entity;

Apprenticeship entirely within a Department of Labor and Employment

training center or other public training institution; or

Initial training in trade fundamentals in a training center or other institution

with subsequent actual work participation within the sponsoring firm or entity
during the final stage of training.