special types of workers report

8/10/2019 Special Types of Workers Report

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SPECIAL TYPES OF WORKERS

Apprentice

LearnerHandicapped workers


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Chapter I

APPRENTICES


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Art. 57. Statement of objectives. This Title aims:

1. To help meet the demand of the economy for trained manpower;

2. To establish a national apprenticeship program throughthe participation of employers, workers and government and non-governmentagencies; and

3. To establish apprenticeship standards for the protection ofapprentices.

Objectives


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Art. 58. Definition of Terms. As used in this Title:

"Apprenticeship" means practical training onthe job supplemented by related theoretical

instruction.

An "apprentice" is a worker who is covered bya written apprenticeship agreement with anindividual employer or any of the entitiesrecognized under this Chapter.

Definition of Terms


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Art. 58. Definition of Terms. As used in this Title:

An "apprenticeable occupation" means anytrade, form of employment or occupation whichrequires more than three (3) months of practicaltraining on the job supplemented by relatedtheoretical instruction.

"Apprenticeship agreement

" is anemployment contract wherein the employerbinds himself to train the apprentice and theapprentice in turn accepts the terms of training.

Definition of Terms


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Art. 59. Qualifications of apprentice. To qualify asan apprentice, a person shall:

1.Be at least fourteen (14) years of age;

2.Possess vocational aptitude and capacityforappropriate tests; and3.Possess the ability to comprehend and follow

oral and written instructions.4.Trade and industry associations may recommend

to the Secretary of Labor appropriateeducational requirementsfor differentoccupations.

Qualifications


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Employment of Apprentices

Art. 60. Employment of apprentices. Only employers inthe highly technical industriesmay employapprentices and only in apprenticeable occupationsapproved by the Secretary of Labor andEmployment. (As amended by Section 1, Executive

Order No. 111, December 24, 1986)


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Contents of the Agreement

Art. 61. Contents of apprenticeship agreements.Apprenticeship agreements, including the

wage rates of apprentices, shall conform tothe rules issued by the Secretary of Laborand Employment. The period ofapprenticeship shall not exceed six months.

Apprenticeship agreements providing forwage rates below the legal minimum wage,which in no case shall start below 75percent of the applicable minimum wage,may be entered into only in accordance with

apprenticeship programs duly approved bythe Secretary of Labor and Employment.The Department shall develop standardmodel programs of apprenticeship. (Asamended by Section 1, Executive Order No.111, December 24, 1986)

wage rates of apprentices

period: not exceed 6months

in cases of wage ratesbelow the minimumwage:

no wage rate shall startbelow 75% of theapplicable minimum wage

may be entered into only inif approved by the SOLE.


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Signing of the Agreement

Art. 62. Signing of apprenticeshipagreement. Every apprenticeshipagreement shall be signed by theemployer or his agent, or by anauthorized representative of any of therecognized organizations, associationsor groups and by the apprentice.

An apprenticeship agreement with a

minor shall be signed in his behalf byhis parent or guardian, if the latter isnot available, by an authorizedrepresentative of the Department ofLabor, and the same shall be bindingduring its lifetime.

Every apprenticeship agreement

entered into under this Title shall beratified by the appropriateapprenticeship committees, if any, anda copy thereof shall be furnished boththe employer and the apprentice.

shall be signed by theemployer and the apprentice.

in case of minor: by his parentor guardian or authorized

representative of the DOLE,and binding during its lifetime.

every agreement signed shallbe ratified by the appropriatecommittees.


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VenueArt. 63. Venue of apprenticeship

programs. Any firm, employer, groupor association, industry organization orcivic group wishing to organize anapprenticeship program may choosefrom any of the followingapprenticeship schemes as the trainingvenue for apprentice:

1. Apprenticeship conducted entirely byand within the sponsoring firm,establishment or entity;

2. Apprenticeship entirely within aDepartment of Labor and Employmenttraining center or other public traininginstitution;

3. Initial training in trade fundamentals in

a training center or other institutionwith subsequent actual workparticipation within the sponsoring firmor entity during the final stage oftraining.

1. within the sponsoring firm,establishment or entity;

2. within a DOLE training centeror public training institution; or

3. initial trading in a trainingcenter with subsequent actualwork within the sponsoringfirm or entity during the finalstage of training


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Actions in case of Violations

Art. 65. Investigation of violation ofapprenticeship agreement. Uponcomplaint of any interested person orupon its own initiative, the appropriateagency of the Department of Laborand Employment or its authorizedrepresentative shall investigate anyviolation of an apprenticeshipagreement pursuant to such rules andregulations as may be prescribed by

the Secretary of Labor andEmployment.

Art. 66. Appeal to the Secretary of Laborand Employment. The decision of theauthorized agency of the Departmentof Labor and Employment may beappealed by any aggrieved person tothe Secretary of Labor andEmployment within five (5) days fromreceipt of the decision. The decision ofthe Secretary of Labor andEmployment shall be final andexecutory.

Appropriate DOLE Agency

upon complaint of anyinterested person or uponits own initiative

Appeal to the SOLE: within 5 days form receipt

of the decision of theagency

decision of the SOLE is finaland executory


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Aptitude Testing

Art. 68. Aptitude testing of

applicants. Consonant with theminimum qualifications ofapprentice-applicants requiredunder this Chapter, employersor entities with duly recognizedapprenticeship programs shallhave primary responsibility forproviding appropriate aptitudetests in the selection ofapprentices. If they do nothave adequate facilities for thepurpose, the Department ofLabor and Employment shall

perform the service free ofcharge.

the employers or entitieswith apprenticeshipprograms shall providethe aptitute tests.

if no adequate facilities,the DOLE shall performthe service free of charge


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Voluntary Organization; Exemptions

Art. 70. Voluntary organization ofapprenticeship programs; exemptions.

1. The organization of apprenticeshipprogram shall be primarily a voluntaryundertaking by employers;

2. When national security or particularrequirements of economicdevelopment so demand, the

President of the Philippinesmay require compulsorytraining of apprentices incertain trades, occupations,jobs or employment levelswhere shortage of trained manpoweris deemed critical as determined bythe Secretary of Labor andEmployment. Appropriate rules in thisconnection shall be promulgated bythe Secretary of Labor andEmployment as the need arises; and

3. Where services of foreign techniciansare utilized by private companies inapprenticeable trades, said companiesare required to set up appropriateapprenticeship programs.

General rule:

apprenticeship program isvoluntary

Exception: compulsory when

national security so demands

particular requirements of

economic development must bemet

where shortage of trainedmanpower is deemed critical asdeterming by the SOLE

in case of foreign technicians:

company is required to set upappropriate apprenticeshipprograms


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Deductibility of Training Costs

Art. 71. Deductibility of training costs.

An additional deduction fromtaxable income of one-half(1/2) of the value of labortraining expenses incurredfordeveloping the productivity andefficiency of apprentices shall begranted to the person orenterprise organizing anapprenticeship program: Provided,That such program is dulyrecognized by the Department ofLabor and Employment: Provided,further, That such deduction shallnot exceed ten (10%) percent ofdirect labor wage: and Provided,

finally, That the person orenterprise who wishes to availhimself or itself of this incentiveshould pay his apprentices theminimum wage.

additional deduction fromtaxable income of 1/2 thevalue of labor trainingexpenses incurred

deduction shall not exceed10% of direct labor wage

employer must pay hisapprentices the minimumwage


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Apprentices without Compensation

Art. 72. Apprentices withoutcompensation. The Secretaryof %Labor and Employmentmay authorize the hiring ofapprentices withoutcompensation whose trainingon the job is required by theschool or training programcurriculum or as requisite forgraduation or boardexamination.

when compensation isnot compulsory:

for apprentices whose

training on the job isrequired by the schoolor training programcurriculum

as requisite forgraduation or boardexamination


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Chapter II

LEARNERS

Art. 73. Learners defined.Learners are persons hired as

trainees in semi-skilled andother industrial occupationswhich are non-apprenticeableand which may be learnedthrough practical training onthe job in a relatively shortperiod of time which shall notexceed three (3) months.

Who are consideredlearners? persons hired as trainees

in semi-skilled and otherindustrial occupations

which are non-apprenticeable

and which may be learnedthrough practical training on

the job not exceeding 3 months

Provisions of the Labor Code


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Chapter II

LEARNERS

Art. 74. When learners may behired. Learners may beemployed when noexperienced workers areavailable, the employment oflearners is necessary toprevent curtailment ofemployment opportunities, andthe employment does not

create unfair competition interms of labor costs or impairor lower working standards.

When may learners behired?

when no experienced workersare available

employment of learners isnecessary to preventcurtailment of employmentopportunities and

employment does not createunfair competition

Provisions of the Labor Code


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Art. 75 - Learnership Agreement

Any employer desiring to employ learners shall enter into a learnership

agreement with them, which agreement shall include:1. The names and addresses of the learners;

2. The duration of the learnership period, which shall not exceedthree (3) months;

3. The wages or salary ratesof the learners which shall begin at

not less than seventy-five percent (75%) of the applicableminimum wage; and

4. A commitment to employ the learners if they so desire, as regularemployees upon completion of the learnership. All learners whohave been allowed or suffered to work during thefirst two (2)months shall be deemed regular employees if training is

terminated by the employer before the end of the stipulatedperiod through no fault of the learners.

5. The learnership agreement shall be subject to inspectionbythe Secretary of Labor and Employment or his duly authorizedrepresentative.


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Art. 76. Learners in piecework. Learnersemployed in piece or incentive-rate jobs duringthe training period shall be paid in full for thework done.

Art. 77. Penalty clause. Any violation of thisChapter or its implementing rules andregulations shall be subject to the general

penalty clause provided for in this Code.


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Chapter III

HANDICAPPED WORKERS


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Definition

Who are "handicappedworkers"?

Art. 78. Handicapped workers are those whose

earning capacity is impairedbyage or physical or mental deficiency or injury.


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When Employable

Art. 79. Handicappedworkers may beemployed when theiremployment is necessaryto prevent curtailment of

employment opportunitiesand when it does notcreate unfair competitionin labor costs or impair orlower working standards.

when it is necessary toprevent curtailment ofemployment opportunities

when it does not createunfair competition


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Employment Agreement

Art. 80. Employment agreement. Any employer who employshandicapped workers shall enter into an employment agreementwith them, which agreement shall include:

1. The names and addresses of the handicapped workers to beemployed;

2. The rate to be paid the handicapped workers which shall not beless than seventy five (75%) percent of the applicable legalminimum wage;

3. The duration of employment period; and4. The work to be performed by handicapped workers.5. The employment agreement shall be subject to inspection by the

Secretary of Labor or his duly authorized representative.


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Art. 81. Eligibility for

apprenticeship. Subject to theappropriate provisions of thisCode, handicapped workers

may be hired asapprentices or

learners if theirhandicap is not suchas to effectivelyimpede theperformance of job

operations in theparticular occupationsfor which they arehired.

Eligibility for Apprenticeship


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DO No. 68-04, series of 2004as amended by DOLE Cir. No. 2

GUIDELINES IN THE IMPLEMENTATION OF THEKASANAYAN AT HANAPBUHAY PROGRAM

(An Apprenticeship and Employment Program)


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What are the objectives of KASH?

It aims to provide new entrants to the labor force with the

opportunity to acquire entry level basic skills and workexperienceusually required by industry in accepting freshgraduates and other young workers.

Under the program, a worker or apprentice may undergo OJT for an

apprenticeable occupationapproved by the Technical Educationand Skills Development Authority (TESDA).

An apprenticeship agreement binds a participating employer to trainthe apprenticefor an established period. Any unemployed person

15 years old and above may apply for apprenticeship with anyparticipating enterprise.


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Who are covered by KASH?

1. Any enterprise duly registered

with the appropriategovernment authorities withten (10) or more regularworkers is qualified to join theprogram. The number of

apprentices for eachparticipating enterprise shallnot be more than 20 percentof its total regular workforce.

2. Any unemployed person 15

years old and above may applyfor apprenticeship with anyparticipating enterprise

Enterprises with 10 ormore regular workers: the number of

apprentices shall notbe more than 20% ofits total regularworkforce

Any unemployedperson 15 years oldand above


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Apprenticeship period

DO No. 68-04,

series of 2004

The apprenticeship periodshall not be less

than four (4)months but notmore than six (6)months.

"4 - 6 months"

DOLE Cir. No. 2.

the apprenticeship periodshall be for a period of

more than threemonths but notover six months.

"3 - 6 months"


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Is there a conflict between the 2 orders?

Labor and Employment SecretaryArturo D. Brion

The circular did notcategorically reduce theminimum period of apprenticeship training

from four months to three months.

He said that contrary to the previousDepartment Order, DOLE Circular No. 2

expressly specified what have beenprovided for by the Labor Code of thePhilippines.


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What is the reason for the amendment?

To help more workers gain on-the-job training (OJT) andsubsequently meet the growing demand for workersequipped with skills required by industry.

To accommodate more workers applying forapprenticeship and also meeting the entry-levelrequirement of establishments participating in the KASHprogram.

To facilitate the placement of apprentices in productivejobs.


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Technical Educational and SkillsDevelopment Act of 1994

R.A. 7796


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AN ACT PROVIDING FOR THE REHABILITATION,

SELF-DEVELOPMENT AND SELF-RELIANCE OFDISABLED PERSONS AND THEIR INTEGRATION

INTO THE MAINSTREAM OF SOCIETY ANDFOR OTHER PURPOSES.

REPUBLIC ACT NO. 7277


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Section 1 - Title

This Act shall be known and cited as the

"Magna Carta for Disabled Persons."

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Section 2 - Declaration of Policy

The grant of the rights and privileges for disabled persons shall be

guided by the following principles:

a) Disabled persons are part of Philippine society, thus the Stateshall give full support to the improvement of the total well-being ofdisabled persons and their integration into the mainstream of society.

b) Disabled persons have the same rights as other peopleto taketheir proper place in society. They should be able to live freely andas independently as possible. This must be the concern of everyonethe family, community and all government and nongovernmentorganizations. Disabled persons' rights must never be perceived aswelfare services by the Government.

S 2 l f l


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Section 2 - Declaration of Policy

(c) The rehabilitation of the disabled persons shall be the

concern of the Government in order to foster their capacity to attaina more meaningful, productive and satisfying life. To reach out to agreater number of disabled persons, the rehabilitation services andbenefits shall be expanded beyond the traditional urban-basedcenters to community based programs, that will ensure fullparticipation of different sectors as supported by national and localgovernment agencies.

(d) The State also recognizes the role of the private sector inpromoting the welfare of disabled personsand shallencourage partnershipin programs that address their needsand concerns.

(e) To facilitate integration of disabled persons into themainstream of society, the State shall advocate for and encouragerespect for disabled persons. The State shall exert all efforts toremove all social, cultural, economic, environmental and attitudinalbarriers that are prejudicial to disabled persons.

S i 3 C


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Section 3 - Coverage

This Act shall cover all disabled personsand, to

the extent herein provided, departments, officesand agencies of the National Government or

nongovernment organizationsinvolved in the

attainment of the objectives of this Act.

S ti 4 D fi iti f T


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Section 4 - Definition of Terms

Disabled personsare those suffering from restriction or differentabilities, as a result of a mental, physical or sensory impairment, toperform an activity in the manner or within the range considerednormal for a human being;

Impairment is any loss, diminution or aberration of psychological,physiological, or anatomical structure or function;

Disability shall mean

1. A physical or mental impairment that substantially limits one or more

psychological, physiological or anatomical function of an individualor activities of such individual;

2. A record of such an impairment; or

3. Being regarded as having such an impairment;

S ti 4 D fi iti f T


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Handicap refers to a disadvantage for a given individual, resulting

from an impairment or a disability, that limits or prevents the functionor activity, that is considered normal given the age and sex of theindividual;

Rehabilitation is an integrated approach to physical, social,cultural, spiritual, educational and vocational measures that create

conditions for the individual to attain the highest possible level offunctional ability;

Social Barriers refer to the characteristics of institutions, whetherlegal, economic, cultural, recreational or other, any human group,community, or society which limit the fullest possible participation of

disabled persons in the life of the group. Social barriers includenegative attitudes which tend to single out and exclude disabledpersons and which distort roles and inter-personal relationships;

S ti 4 D fi iti f T


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Auxiliary Aids and Services include:

1. qualified interpreters or other effective methodsof delivering

materials to individuals with HEARING impairments;

2. qualified readers, taped tests, or other effective methodsof

delivering materials to individuals with VISUAL impairments;

3. acquisition or modification of equipment or devices; and

4. other similar services and actions or all types of aids and

servicesthat facilitate the learning process of people with

MENTAL DISABILITY.

S ti 4 D fi iti f T


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Reasonable Accommodationinclude1) improvement of existing facilities used by employees in order to

render these readily accessible to and usable by disabled persons;and

2) modification of work schedules, reassignment to a vacant position,acquisition or modification of equipment or devices, appropriateadjustments or modifications of examinations, training materials orcompany policies, rules and regulations, the provision of auxiliaryaids and services, and other similar accommodations for disabledpersons;

Sheltered Employment refers to the provision of productiveworkfor disabled persons through workshops providing special

facilities, income-producing projects or homework schemeswith a view to giving them the opportunity to earn a livingthusenabling them to acquire a working capacity required in openindustry;

S ti 4 D fi iti f T


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Auxiliary Social Services are the supportive activities in thedelivery of social services to the marginalized sectors of society;

Marginalized Disabled Persons refer to disabled persons wholack access to rehabilitative services and opportunitiesto beable to participate fully in socioeconomic activities and who have nomeans of livelihood and whose incomes fall below the povertythreshold;

Qualified Individual with a Disability shall mean anindividual with a disability who, with or without reasonable

accommodations, can perform the essential functions of theemployment positionthat such individual holds or desires.

S ti 4 D fi iti f T


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Readily Achievable means a goal can be easily attained and carried

out without much difficulty or expense;

Public Transportation means transportation by air, land and sea that

provides the public with general or special service on a regular and

continuing basis;

Covered Entity means an employer, employment agency, labor

organization or joint- labor management committee; and

Commerce shall be taken to mean as travel, trade, traffic, commerce,transportation, or communication among the provinces or between

any foreign country or any territory or possession and any province.

RIGHTS AND PRIVILEGES OF DISABLED PERSONS


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Equal Opportunity for

Employment Sheltered Employment

Apprenticeship

Vocational Rehabilitation

Vocational Guidance and

Counseling

Access to Quality Education

Financial Assistance to

Disabled Students

Special Education Housing Programs

Vocational or Technical and

Other Training Programs Non-Formal Education

State Universities and

Colleges to assist Disabled

Persons

National Health Program

Rehabilitation Centers

Health Services

Auxiliary Social Services

Tax Incentives (donor's tax)



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Broadcast Media - Television stations shall be

encouraged to provide a signlanguage inset or

subtitles

Telephone ServicesAll telephone companies shall

be encouraged to install special telephone devices orunits for the hearing-impaired and ensure that they are

commercially available to enable them to communicate

through the telephone system.

Free Postal Charges for the Disabled

OTHER RIGHTS AND PRIVILEGES


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OTHER RIGHTS AND PRIVILEGES

ACCESSIBILITY

Barrier-Free Environment

Mobility

Access to PublicTransport Facilities

POLITICAL AND CIVIL

RIGHTS

System of Voting

Right to Assemble

Right to Organize

PROHIBITION ON DISCRIMINATION


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PROHIBITION ON DISCRIMINATION

On Employment

On Transportation

On the use of public accomodation and

services

Penal Clause


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Penal Clause

ANY PERSON WHO VIOLATES:

First Violation: P50,000-100,000 or imprisonment of 6 months-2years or both

Subsequent violation: P100k-200k or imprisonment of 2-6 years orboth

ANY PERSON WHO ABUSES THE PRIVILEGES GRANTED:

Imprisonment of not less than 6 months or a fine of P5,000-50,000or both

IF VIOLATOR IS A CORPORATION OR ORGANIZATION:

Officials directly involved shall be liable.

IF VIOLATOR IS AN ALIEN OR A FOREIGNER

He shall be deported immediately after service of sentence

Decided Case


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Decided Case

Atlanta Industries v. SebolinoGR No. 187320, 26 January 2011

FACTS:

Complainants are regular employees of petitioner. They entered into 2apprenticeship agreements with the company for an alleged skills training.

The apprenticeship agreement did not indicate the trade or occupation inwhich the apprentice would be trained; neither was the apprenticeshipprogram approved by the TESDA.

Upon the termination of the 1st agreement, the complainants entered into a2nd agreement allegedly for the training of another skill. Later, they claimthey were illegally dismissed upon the termination of the 2nd agreement.

Decided Cases


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Decided Cases

Atlanta Industries v. Sebolino

GR No. 187320, 26 January 2011

ISSUE: WON there were valid apprenticeship agreement.

HELD:

The apprenticeship agreements did not indicate the trade or occupation in

which the apprentice would be trained; neither was the apprenticeshipprogram approved by the Technical Education and Skills DevelopmentAuthority (TESDA). These were defective as they were executed in violationof the law and the rules.

Moreover, with the expiration of the first agreement and the retention of theemployees, the employer, to all intents and purposes, recognized the

completion of their training and their acquisition of a regular employeestatus. To foist upon them the second apprenticeship agreement for asecond skill which was not even mentioned in the agreement itself, is aviolation of the Labor Codes implementing rules and is an act manifestlyunfair to the employees.

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