BOOK II LABOR STANDARDS CHAPTER III August 1, 2010 NATIONAL MANPOWER DEVELOPMENT PROGRAM Q What are the States

s Objectives in Manpower Development: (Art. 43 LC) 1. 2.

6 months What is Minimum Salary? 75% of minimum wage Rule: DOLEs prior approval of the Program Prerequisite or else the apprentice becomes a regular employee

DEVELOP HR ESTABLISH TRAINING INSTITUTIONS 3. FORMULATE PLANS AND PROGRAMS To Ensure Efficient Allocation, Development & Utilization of the Nations Manpower To promote Employment and accelerate economic & social growth Q What is Manpower? Portion of the nations population having actual or potential capability to contribute directly to the production of goods and services.

(Nitto Enterprises vs. NLRC, GR 114337 Sept 27, 1995) Q What is the Apprenticeable Age? 15 years old. ATLANTA INDUSTRIES, INC. VS. SABOLINO, GR 187320, Jan 26, 2011 Retention of Apprentice beyond the expiration period of Apprenticeship Agreement makes him REGULAR EE. LEARNERS Q What is a Learner? is one trained in a semi-skilled job or in industrial occupations requiring less than 3 months of training under a Learnership Agreement approved by DOLE.

What is Entrepreneurship? Training for self-employment or assisting individual or small industries within the purview of the National Manpower Development Program.

Q Similarity of Apprenticeship and Learnership training periods for job requiring skills acquirable through actual work experience. 75% of MW salary

What is TESDA (Technical Education and Skills Development Authority)? This replaced the defunct National Manpower and Youth Council by virtue of RA 7796 An Act creating TESDA (Approved Aug 25, 1994) Implementing Rules Jan 24, 1995. (Please read Appendix) APPRENTICES

Q Distinction of Apprenticeship and Learnership Learner

What is an Apprentice? is one trained in a highly skilled job or in a job found only in highly skilled industry under an Apprenticeship Agreement approved by DOLE.

semi-skilled job or non-technical job 3 mos training Non-apprenticeable job ER commits to hire after learnership period Apprentice highly skilled or highly technical jobs 6 mos training Apprenticeable job

What is the maximum period of Apprenticeship?

ER does not commit to hire after apprenticeship period Q HANDICAPPED WORKERS Q 1. 2. When Employable? Q When emp necessary to prevent curtailment of access to work opportunity When no unfair competition in terms of labor cost or lower work standards. Q

of work in the field cannot be determined with reasonable certainty. Normal Hours of Work 8 hours shall not exceed (maximum) May ER set the NHW lower than 8 hours? Yes, because the law sets the maximum not the minimum. The salary will be proportion to the reduced hours of work. EXCEPT: Voluntary practice. Effect of the work time beyond the reduced hours - Overtime (1982 Bar) Q Work hours of Health Personnel 8 hours or 40 hours workweek

Q May handicapped workers be employed as L or A? Yes, when the handicap does not impair job performance Q May handicapped workers become Regular EEs? Yes.

Q Effect of HP working more than 40 hours workweek BOOK III LABOR STANDARDS July 28, 2011 CONDITIONS OF EMPLOYMENT Q Art. 82 . COVERAGE All EEs. EXCEPT: 1. 2. 3. 4. 5. 6. Q Managerial EEs Field Personnel ERs Family dependent for support Domestic Helpers Persons in the personal service of another Workers who are paid by result Plus 30% of regular wage. (Its like working on a rest day) Q What constitutes COMPENSABLE HOURS WORKED? Q Time when required for duty Time when required to be at work premises/prescribed workplace Time when suffered or permitted to work Rest period of short duration within working hours Is WAITING TIME considered working time? It depends. If required to wait, that is working time. Otherwise not. If on call at ERs premises or nearby and no gainful own time, that is working time. Otherwise, not. If not required to leave word at home or with Company officials, NOT WORKING TIME.

What is managerial EE? One whose primary duty consists of the management of the establishment in which he is employed or of a department or subdivision thereof. Other Officers or members of the managerial staff. What is Field Personnel? Non-agri EE who regularly performs his duty away from the principal place of business or branch office of the ER and whose actual hours