QUIZ NO.

2 LABOR STANDARDS AND SOCIAL LEGISLATION

KRISTINE S. BONDOC-CARASI

1.

Under Article 34 of the Labor Code of the Philippines, it shall be unlawful for any
individual, entity, licensee, or holder of authority:

a) To charge or accept, directly or indirectly, any amount greater than that

specified in the schedule of allowable fees prescribed by the Secretary of Labor,
or to make a worker pay any amount greater than that actually received by him
as a loan or advance;
b) To furnish or publish any false notice or information or document in relation to
recruitment or employment;
c) To give any false notice, testimony, information or document or commit any act
of misrepresentation for the purpose of securing a license or authority under the
Labor Code;
d) To induce or attempt to induce a worker already employed to quit his
employment in order to offer him to another unless the transfer is designed to
liberate the worker from oppressive terms and conditions of employment;
e) To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency;
f) To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to the dignity of the Republic of the Philippines;
g) To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his
duly authorized representatives;
h) To fail to file reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures and
such other matters or information as may be required by the Secretary of Labor.
i) To substitute or alter employment contracts approved and verified by the
Department of Labor from the time of actual signing thereof by the parties up to
and including the periods of expiration of the same without the approval of
Secretary of Labor;
j) To become an officer or member of the Board of any corporation engaged in
travel agency or to be engaged directly and indirectly in the management of a
travel agency; and
 k) To withhold or deny travel documents from applicant workers before departure
for monetary or financial considerations other than those authorized under the
Labor Code and its implementing rules and regulations.

2.

Apprenticeable occupation is an occupation officially endorsed by a tripartite body and

approved for apprenticeship by the Authority. 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.

Apprenticeable occupation means any trade, form of employment or occupation

approved for apprenticeship by the Secretary of Labor and Employment (now TESDA), which
requires for proficiency more than three months or practical training on the job supplemented
by related theoretical instructions.

3.

Article 59 of the Labor Code of the Philippines provides that to qualify as apprentice,
and applicant shall:

a) Be at least 15 years of age; provided those who are at least 15 years of age but less than
18 years of age may be eligible for apprenticeship only in non-hazardous occupations;
b) Be physically fit for the occupation in which he desires to be trained;
c) Possess vocational aptitude and capacity for the particular occupation as established
through appropriate tests; and
d) Possess the ability to comprehend and follow oral and written instructions.

4.

No. The requisite TESDA approval of the apprenticeship program prior to the hiring of
apprentices was further emphasized by the DOLE with the issuance of Department of Order No.
68-04 on 18 August 2004. Department Order No. 68-04, which provides guidelines in the
implementation of the Apprenticeship and Employment Program of the government,
specifically states that “no enterprise shall be allowed to hire apprentices unless its
apprenticeship program is registered and approved by TESDA.”
 5.

Distinctions between apprenticeship and learnership:

a) In a highly technical industries, apprenticeship can exceed 6 months;

learnership can exceed one year;
b) Apprenticeship cannot exceed 6 months; learnership can
c) Apprenticeship shall not exceed six months; while learnership can.
d) The law lets the employer and the apprentice agree on the apprenticeship
period; but the law fixes learnership period at 6 months in non technical
industries.
e) A learner may be paid 25% less than the legal minimum wage while an
apprentice is entitled to the minimum wage.
f) Apprenticeship has to be covered by a written agreement; no such formality
is needed in learnership.
g) In learnership, the employer undertakes to make the learner a regular
employee; in apprenticeship, no such undertaking.
h) A learner is deemed a regular employee if terminated without his fault within
one month of training; an apprentice attains employment status after six
months of apprenticeship.