MODULE 1 - Provisions

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MODULE 1 – Provisions Based

Sources: Bedan Red Book 2020/2021, The Labor Code Volume I (Azucena)

I. Fundamental Principles (Articles 1-6 of the Labor Code)

II. Recruitment and Placement (Articles 12-42 of the Labor Code)

PROVISIONS COMMENTS / NOTES


Article 12. Statement of Objectives COMMENTS: The objectives stated above pertain to promotion and regulation of
employment, either local or overseas, in general.

Article 13. Definitions. COMMENTS: The definition of recruitment and placement in this article applies to
both local and overseas employment. The definition enumerates (11) activities
combined as recruitment and placement.

NOTE: Any activity done by any person without the required license from the
Bureau of Local Employment or the POEA is punishable as illegal recruitment.

Article 14. Employment Promotion. COMMENTS: Under this provision, it states the power and authority of the
Secretary of Labor.

Other than that, DOLE serves as the primary policymaking and administrative entity
of the Executive Branch of the government in the field of labor and employment. Its
primary responsibilities are:
1. The promotion of gainful employment opportunities.
2. The advancement of worker’s welfare.
3. The maintenance of industrial peace.

NOTE: The Regional Offices (ROs), headed by Regional Directors (RDs) are the
DOLE frontline action centers.

III. Training and Employment of Special Workers (Articles 57-81 of the Labor Code)

PROVISIONS COMMENTS / NOTES


Article 57. Statement of Objectives
Article 58. Definition of Terms
Article 59. Qualifications of Apprentice
Article 60. Employment of Apprentices
Article 61. Contents of apprenticeship agreements
Article 62. Signing of apprenticeship agreement
Article 63. Venue of apprenticeship programs
Article 64. Sponsoring of apprenticeship program
Article 65. Investigation of violation of
apprenticeship agreement
Article 66. Appeal to the Secretary of Labor and
Employment
Article 67. Exhaustion of administrative remedies
Article 68. Aptitude testing of applicants
Article 69. Responsibility for theoretical instruction
Article 70. Voluntary organization of apprenticeship
programs; exemptions
Article 71. Deductibility of training costs
Article 72. Apprentices without compensation
CHAPTER II – LEARNERS
Article 73. Learners Defined
Article 74. When learners may be hired
Article 75. Learnership Agreement
Article 76. Learners in Piecework
Article 77. Penalty Clause
CHAPTER III – HANDICAPPED WORKERS
Article 78. Handicapped Workers Defined
Article 79. When employable
Article 80. Employment Agreement
Article 81. Eligibility for Apprenticeship

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