3.

Although under the apprenticeship agreement the period of apprenticeship will be six (6) months, the
employer dismissed the apprentice without any good reason within one (1) month from the start of the
apprenticeshop period.

a.) Is the action of the employer legal? Why?

NO.

IMPLEMENTING RULES OF BOOK II: RULE VI, SEC. 25. Valid cause to terminate agreement. — Either
party to an agreement may terminate the same after the probationary period only for a valid cause. The
following are valid causes for termination:

By the employer —

(a) Habitual absenteeism in on-the-job training and related theoretical instructions;

(b) Willful disobedience of company rules or insubordination to lawful order of a superior;

(c) Poor physical condition, permanent disability or prolonged illness which incapacitates the apprentice
from working;

(d) Theft or malicious destruction of company property and/or equipment;

(e) Poor efficiency of performance on the job or in the classroom for a prolonged period despite
warnings duly given to the apprentice; and

(f) Engaging in violence or other forms of gross misconduct inside the employer’s premises.

By the apprentice — (a) Substandard or deleterious working conditions within the employer’s premises;
(b) Repeated violations by the employer of the terms of the apprenticeship agreement; (c) Cruel or
inhuman treatment by the employer or his subordinates; (d) Personal problems which in the opinion of
the apprentice shall prevent him from a satisfactory performance of his job; and (e) Bad health or
continuing illness.

b.) What are the hours of work of an apprentice?

IMPLEMENTING RULES OF BOOK II: RULE VI, SEC. 20. Hours of work. — Hours of work of the
apprenticeship shall not exceed the maximum number of hours of work prescribed by law, if any, for a
worker of his age and sex. Time spent in related theoretical instructions shall be considered as hours of
work and shall be reckoned jointly with on-the-job training time in computing in the agreement the
appropriate periods for giving wage increases to the apprentice. An apprentice not otherwise barred by
law from working eight hours a day may be requested by his employer to work overtime and paid
accordingly, provided there are no available regular workers to do the job, and the overtime work thus
rendered is duly credited toward his training time
c.) Is the apprentice entitled to any wage increase during the apprenticeshop period?

IMPLEMENTING RULES OF BOOK II: RULE VI, SEC. 29. Wages. — The wage rate of the apprentice shall
start at seventy-five (75) percent of the statutory minimum wage for the first six (6) months; thereafter,
he shall be paid the full minimum wage, including the full cost-of-living allowance.

4. Employer Jose entered into a learnership agreement with Pedro for a period of three (3) months, the
employer terminated the agreement when he was not satisfied with the progress of learning of the
learner. Pedro asked for a chance to prove his worth, and the employer acceded to let him finish the
three (3) months period on condition that he should improve his learning performance. At the end of
the three (3) months, the employer refused to hire Pedro because the latter did not improve as
promised. Is the stand of employer Jose sustainable? Please state your reasons.