BOOK TWO TITLE II

HUMAN RESOURCES DEVELOPMENT

TRAINING AND EMPLOYMENT OF
TITLE I SPECIAL WORKERS
NATIONAL MANPOWER DEVELOPMENT PROGRAM
CHAPTER I
CHAPTER I APPRENTICES
NATIONAL POLICIES AND ADMINISTRATOVE
MACHINERY FOR THEIR IMPLEMENTATION COVERAGE:
- Article 57-70
COVERAGE:
- Articles 43-56 (see the codal provisions of the Labor Article 57. STATEMENT OF PBJECTIVES
Code) This Title aims:
- See Republic Act No. 7796, the TESDA Act of 1994. 1) To help meet the demand of the economy for trained
manpower;
INCLUDES: 2) To establish a national apprenticeship program
1. Middle Level Manpower; Special Worker’s Definition through the participation of employers, workers and
2. TESDA Accredited to Apply jobs Abroad government and non-government agencies; and
3. TESDA Accredited Schools 3) To establish apprenticeship standards for the
4. Apprenticement Program Transfer to TESDA protection of apprentices.

NOTE: Article 58. DEFINITION OF TERMS

Article 44: DEFINITIONS:
As used in this Title:
a) “MANPOWER” shall mean that portion of
the nation’s population which has actual or
potential capability to contribute directly to
the production of goods and services.
b) “ENTREPRENEURSHIP” shall mean
training for self-employment or assisting
individual or small industries within the
purview of this Tilte.
As used in this Title:
a) “Apprenticeship” means practical training on the job
supplemented by related theoretical instruction.
b) An “apprentice” is a worker who is covered by a written
apprenticeship agreement with an individual employer or
any of the entities recognized under this Chapter.
c) An “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. (See Section 4 [m], R.A. No.
7796, TESDA law.)
 d) “Apprenticeship agreement” is an employment contract
wherein the employer binds himself to train the apprentice
and the apprentice in turn accepts the terms of training.
Article 59.
Article 60.
COMMENTS:
1) GENERAL POLICY AND GUIDELINES IN THE
IMPLEMENTATION OF APPRENTICESHIP
PROGRAM
- Apprenticeship, generally understood is the arrangement
and the period when an upcoming worker undergoes
hands-on training, more or less formal, to learn the ropes of
a skilled job.
- Through apprenticeship, a nation builds, as it were, an
army of workers possessing industrial skills.
- D.O. No. 8, Series of 1989, issued on March 9, 1989, the
policy of the Department of Labor and Employment is to:
a) Obtain the voluntary adoption of apprenticeship
programs by employers and workers to help meet
the increasing demand for skilled manpower
necessary for economic development, and
b) Increase worker productivity through relevant and
effective apprenticeship program.
2) TESDA IMPLEMENTS THE APPRENTICESHIP
PROGRAMS
- See Section 18 of the TESDA Act of 1994
3) REQUISITES FOR EMPLOYMENT OF
APPRENTICES
- The following are the requisites for the employment
of apprentices:
a) The employer should be engaged in a
business that is considered a highly technical
industry. A highly technical industry is a
trade, business, enterprise, industry or other
activity which utilizes the application of
advanced technology.
b) The job with the apprentice will work on
should be an apprenticeable occupation.
- The TESDA is the one who approves what are the
apprecticeable occupations.
4) APPRENTICEABE AGE
- The apprentice must be at least 15 years old as
provided for in R.A. No. 7610.
Article 61.
COMMENTS AND CASES
Apprenticeship needs DOLE’S prior approval, or apprentice
becomes regular
Case: Nitto Enterprises v. NLRC, and R. Capili, G.R. No.
114337, September 29, 1995
- Ruling: Petitioner did not comply with the
requirements of the law (See Article 61 of the Labor
Code) which provides that apprenticeship
agreements shall be entered into by the employer and
apprentice only in accordance with the
 apprenticeship program duly approved by the
Minister of Labor and Employment.
- The apprenticeship agreement between Nitto and
Capili has no force and effect in the absence of a
valid apprenticeship program duly approved by the
DOLE. Hence, Capili’s assertion that he was hired
not as an apprentice but as a delivery boy deserves
credence. He should be considered a regular
employer.
Article 62.
Article 63.
Article 64.
Article 65.
Article 66.
Article 67.
Article 68.
Article 69.
Article 70.
Article 71.
Article 72.
COMMENTS AND CASES
Working Scholar; Liability of School
- In relation to Article 71, the Implementing Rules
provide: There is no employer-employee relationship
between students on one hand, and schools, colleges
and universities, on the other, where there is written
agreement between them under which the former
agree to work for the latter in exchange for the
privilege to study for free of charge, provided the
students are given real opportunities, including such
facilities as may be reasonable and necessary to
finish their chosen courses under such agreement.
Question: If the student (referred to in the preceding
implementing rule) injures a third party, does the school become
liable?
Answer: Filamer Christian Institute v. Hon. Intermediate
Appellate Court, et al., G.R. No. 75112, August 17, 1992
- Ruling: After a re-examination of the laws relevant
to the facts, the Court reconsidered its decision.
Applying the Civil Code instead of the Labor Code,
the Court finally ruled:
- It is undisputed that Funtecha was a working
student, being a part-time janitor and scholar of
petitioner Filamer. He was, in relation to the school,
an employee even if he was assigned to clean the
school premises for only two (2) hours in the
morning of each school day.
- Section 14, Rule X, Book III of the rules
implementing the Labor Code is merely a guide to
the enforcement of the substantive law on labor. The
Court, thus, makes the distinction and so holds that
Section 14, Rule X, Book III of the rules is not the
decisive law in civil suit for damages instituted by an
injured person during a vehicular accident against a
working student of a school and against the school
itself.
 - The present case does not deal with a labor dispute A learner is not an apprentice But an apprentice is,
on conditions of employment between an alleged conceptually, also a learner.
employee and an alleged employer. It involves a The employer is committed to No such commitment exists in
claim brought by one for damages for injury caused hire the learner trainee as an apprenticeship.
employee after the training
by the patently negligent acts of a person, against
period.
both does-employee and his employer. Learnership is allowed even for Employment of apprentices, as
non-technical jobs. stated in Article 60, is legally
CHAPTER II allowed only in highly technical
LEARNERS industries and only in
apprenticeable occupations
approved by the DOLE.
Articles 73-77
COMMENTS
Definition under the TESDA Law.
LEARNERSHIP V. APPRENTICESHIP
a) Apprenticeship
- They are similar because they both mean training periods
 is training within employment with the
for jobs requiring skills that can be acquired through actual
compulsory related theoretical instruction
work experience. And because both a learner and an
involving a contract between an apprentice
apprentice are not as fully productive as regular workers, the
and employer on an approved apprenticeable
learner and the apprentice may be paid wages 25% lower
occupation.
than the applicable minimum wage.
b) Apprentice
They differ in the focus and in the terms of training.
 is a person undergoing training for an
approved apprenticeable occupation during
Learnership Apprenticeship an established period assured by an
A learner trains in a semi-skilled Trains in a highly skilled job or
apprenticeship agreement.
job or in industrial occupations in a job found only in a highly
that require training for less than technical industry. The training
three months. period exceeds in three (3) c) Apprenticeable Occupation
months.  In an occupation officially endorsed by a
The training period is shorter -------------------------------------------- tripartite body approved for apprenticeship by
because the job is more easily the Authority [the TESDA].
learned in apprenticeship. The
job is “non-apprenticeable”
because its practical skills can be
learned in three months and not
six months.
 d) Learners
 Refers to persons hired as trainees in semi-
skilled and other industrial occupations which
are non-apprenticeable.
Learnership Programs- must be approved by the TESDA.
TESDA LAW; Section 18 states: “The Apprenticeship Program
of the Bureau of Local Employment of the Department of Labor
and Employment shall be transferred to the Authority which shall
implement and administer said program in accordance with the
existing laws, rules and regulations.”
CHAPTER III
HANDICAPPED WORKERS
Articles 78-81
COMMENTS:
THE MAGNA CARTA OR DISABLED PERSONS
R.A. No. 7277, approved on March 24, 1992 which ensures the
equal protection for disabled persons and prohibits discrimination
against them.
Qualified Disabled Employee- shall be subject to the same terms
and conditions of employment and the same compensation,
privileges, benefits, fringe benefits, incentives or allowances as a
qualified able-bodied person.
Qualified Individual with a Disability
- is defined in the law as “an individual with a disability
who, with or without a reasonable accommodation, can
perform the essential functions of the employment position
that such individual holds or desires.
Sheltered Employee
- refers to the provision of productive work for disabled
persons through workshops providing special facilities,
income producing projects or homework schemes with a
view to giving them the opportunity to earn a living thus
enabling them to acquire a working capacity required in
open industry.
Discrimination on Employment
- no entity whether public or private, shall discriminate
against a qualified disabled person by reason of disability in
regard to job application procedures, the hiring, promotion,
or discharge of employees, employee compensation, job
training and other terms, conditions, and privileges of
employment.
The following constitutes acts of discrimination:
1) Limiting, segregating or classifying disabled job applicant in
such a manner that adversely affects his work opportunities;
2) Using qualification standards, employment test or other
selection criteria that screen out or tend to screen out a
disabled person unless such standards, test or other selection
criteria are show to be job-related for the position in
question and are consistent with the business necessity;
3) Utilizing standards, criteria, or methods of administration
that:
o Have the effect of discrimination on the basis of
disability; or
o Perpetuate the discrimination of others who are
subject to common administrative control.

4) Providing less compensation, such as salary, wage or other
forms of remuneration and fringe benefits, to a qualified
disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the
same work is entitled.
5) Favoring a non-disabled employee over a qualified disabled
employee with respect to promotion, training opportunities,
study and scholarship grants, solely on account of the
latter’s disability.
satisfactory in the job performance, they shall be eligible for
employment.
Qualified Disabled Persons as Regular Employees
Case: Bernardo v. NLRC- Article 295
- Even handicapped persons, employed by a bank to
accommodate the request of the social welfare secretary,
may become regular employees.

6) Re-assigning or transferring a disabled employee to a job or

position he cannot perform by reason of his disability.

7) Dismissing or terminating the services of a disabled

employee by reason of his disability unless the employer can
prove that he impairs the satisfactory performance of the
work involved to the prejudice of business entity: Provided,
however, that the employer first sought to provide
reasonable accommodations for disabled persons.

8) Failing to select or administer in the most effective manner

employment tests which accurately reflect his skills, aptitude
or other factor of the disabled applicant or employee that
such test purports to measure, rather than the impaired
sensory, manual or speaking skills of such applicant or
employee, if any; and

9) Excluding disabled persons from membership in labor

unions or similar organizations.

As to apprenticeship- they are eligible as apprentices and learners

and after the lapse of the period of apprenticeship, if found