82. Nitto Enterprises v.

NLRC
G.R. No. 114337, 29 September 1995

Facts: Roberto Capili (respondent) has executed an Apprenticeship Agreement with Nitto enterprises
(petitioner). The apprenticeship agreement between petitioner and private respondent was executed on
May 28, 1990 allegedly employing the latter as an apprentice in the trade of “care maker/molder.” On the
same date, an apprenticeship program was prepared by petitioner and submitted to the Department of
Labor and Employment. However, the apprenticeship Agreement was filed only on June 7, 1990.
Notwithstanding the absence of approval by the Department of Labor and Employment, the
apprenticeship agreement was enforced the day it was signed. Thereafter, Petitioner asked respondent to
resign and to executed a Quitclaim and Release. Respondent then filed for illegal dismissal

LA ruled that the dismissal was valid.

o Respondent acted with gross negligence
o Did not display proper attitude during work

NLRC REVERSED
o Claiming that he was a regular employee because the apprenticeship agreement was void due to the
lack of approval of the Department of Labor because the DOLE has not approved of such at
commencement of the apprenticeship.

Petitioner claimed that mere signing of the apprenticeship agreement already established an employer-
apprentice relationship.

Issue: Whether or not the Apprenticeship Agreement was valid.

Ruling: YES. Prior approval by the Department of Labor and Employment of the proposed
apprenticeship program is a condition sine qua non before an apprenticeship agreement can be validly
entered into.

- Apprenticeship agreement executed and enforced – May 28, 1990

- Filed only with the Department of Labor and Employment – June 7, 1990
Where the apprenticeship agreement has no force and effect, the worker hired as apprentice should be
considered as a regular employee.