Book II: Human Resources

Development Program
Title II: Training and Employment of Special
Workers
Chap I: APPRENTICES (Art. 57 - 70)
ART. 57. Statement of Objectives (surperseded
by RA 7796)
1. To help meet the demand of the economy for trained manpower;
2. To establish a national apprenticeship program through the participation of employers, workers a
nd government and non-government agencies; and
3. To establish apprenticeship standards for the protection of apprentices.

Sec. 18, R.A. 7796: Transfer the Apprenticeship Program

Apprenticeship program of the Buereu of Local Employment and the

Department of Labor and Employment shall be transfered to the
Authority which shall implement and administer said porgram
Office of Apprenticeship (Sec. 14, R
A 7796)
• 1. To provide direction, policies and guidelines on the implementation
of Apprenticeship system;

• 2. to accredit, coordinate, monitor and evaluate all apprenticeship sch

emes and program implements by various institutions and enterpirses
;

• 3. to establish a network of institutions and enterprises conducting ap

prenticeship schemes and programs;

• 4. to perform such other powers and functions as may be authorized

TESDA Circular no. 16, s. 2004
• The apprenticeship and learnership programs shall be implements pur
suant to the following laws:

• RA 7796: TESDA Rules and Regulations

• PD 442: Labor Code of the Philippines and its Implementing Rules and
Regulations

• EO 111, s. Dec 24, 1986

Art. 58: Definition of Terms (supersed
ed)
Sec. 18, RA 7796 also known asTESDA
Act
• Transfer of the Apprenticeship Program
• The apprenticeshp Program of the Bureau of Local Employm
ent of the Department of Labor and Employment shall be tra
nsferred to the Authority which shall implemt and administe
r siad program in accordance with existing laws, rules and reg
ulations.
• (Sec. 18, RA 7796/TESDA Act)
p (j) (k) (l) of Sec. 4 of RA 7796
• a) "Apprenticeship" means practical training on the job suppl
emented by related theoretical instruction.

• (b) An "apprentice" is a worker who is covered by a written a

pprenticeship 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 r
elated theoretical instruction.

• (d) "Apprenticeship agreement" is an employment contract

wherein the employer binds himself to train the apprentice a
nd the apprentice in turn accepts the terms of training.
par. (j) (k) (l) (m) Sec. 4 RA 7796
(TESDA Act)
• j. “Apprenticeship” training within employment with compuls
ory related theoretical instruction involving a contract betwe
en an apprentice and an employer on an approved apprentic
eable occupation;
• k. “Apprentice” is a person undergoing training for an approv
ed apprenticeable occupation during an apprenticeship agre
ement;
• l. “Apprenticeship Agreement” is a contract wherein a prospe
ctive employer binds himself to train the apprentice who in t
urn accepts the terms of training for a recognized apprentice
able occupation emphasizing the rights, duties and responsib
ilities of each party;
• m. “Apprenticeable Occupation” is an occupation officially en
dorsed by a tripartite body and approved for apprenticeable
by the Authority;
ART. 59. Qualifications of Apprentic
e. To qualify as an apprentice (Sec.
12, 7610)
• (a) Be at least fourteen (14) 15 years of age; (Sec. 12, RA 761
0; further amended by Sec. 2 of RA 9231)
• (b) Possess vocational aptitude and capacity for appropriate t
ests; and
• (c) Possess the ability to comprehend and follow oral and wri
tten instructions.
• Trade and industry associations may recommend to the Secr
etary of Labor appropriate educational requirements for diffe
rent occupations.
Sec 2 of RA 9231: Special Protection of Children A
gainst Child Abuse, Exploitation and Discriminatio
n
• Sec. 2. Employment of Children - Children below fifteen (15) years of a
ge shall not be employed except:

• "1) When a child works directly under the sole responsibility of his/he
r parents or legal guardian and where only members of his/her family
are employed: Provided, however, That his/her employment neither e
ndangers his/her life, safety, health, and morals, nor impairs his/her n
ormal development: Provided, further, That the parent or legal guardi
an shall provide the said child with the prescribed primary and/or sec
ondary education; or
• 2) Where a child's employment or participation in public entertainme
nt or information through cinema, theater, radio, television or other f
orms of media is essential: Provided, That the employment contract is
concluded by the child's parents or legal guardian, with the express ag
reement of the child concerned, if possible, and the approval of the D
epartment of Labor and Employment: Provided, further, That the follo
wing requirements in all instances are strictly complied with:

• "(a) The employer shall ensure the protection, health, safe

ty, morals and normal development of the child;
• (b) The employer shall institute measures to prevent the chil
d's exploitation or discrimination taking into account the syst
em and level of remuneration, and the duration and arrange
ment of working time; and

• "(c) The employer shall formulate and implement, subject to

the approval and supervision of competent authorities, a con
tinuing program for training and skills acquisition of the child.
• "In the above-exceptional cases where any such child may be employe
d, the employer shall first secure, before engaging such child, a work p
ermit from the Department of Labor and Employment which shall ens
ure observance of the above requirements.

• "For purposes of this Article, the term "child" shall apply to all persons
under eighteen (18) years of age."

Sec 2, RA 9231 (Worst forms of Child Labor)

Sec. 11, Rule VI, Book II, Rules to
Implement the Labor Code: Qualificat
ions of apprentice
• At least 15 years of age - 15-18 for non-hazardous occupations;
• Be physically fit for the occupation which he desired to be trained;
• Possesses vocational aptitute and capacity for the particular occupati
on establised through appropriate tests;
• Possess the ability to comprehend and follow oral and written instruc
tions.
 ART. 60. Employment of Apprentices
(amended by Sec. 1, EO 111, 1986)
Sec. 1. of EO 111, s. 1986: Articles 60 and 61 of the Labor Code of the P
hilippines are hereby amended to read as follows:

• "Art. 60. Employment of apprentices. Only employers in the highly tec

hnical industries may employ apprentices and only in apprenticeable
occupations approved by the Minister of Labor and Employment."

• Highly technical Industries - trade, business, enterprise, industry, or ot

her activity, which engaged in the application of advanced technology.
(Sec. 2 (j) Rule VI, Book II, Rules to Implement the Labor Code)
Nitto Enterprises v. National Labor Relations
Commission G.R. No. 114337, Sept 29, 1995

• The apprenticeship agreement between petitionerr and priva

te respondent was executed on May 28, 1990, allegedly empl
oying the latter as an apprentice in the trade of “care maker/
molder.” On the same date, an apprenticeship program was p
repared by petitioner and submitted to the DOLE. However, t
he apprenticeship agreement was filed only on June 7, 1990.
Notwithstanding the absence of approval by the DOLR, the a
pprenticeship agreement was enfored on the day it was sign
ed.
cont. of Nitto Enterprises v. NLRC

• It is mandated that apprenticeship agreements entered into by the ap

prenticeship program duly approved by the Minister of Labor and Em
ployment.

• Number of apprentices to be taken in by companies:

• A participating enterpise shall be allowed to take apprentices only up
to a maximum of 20% of its total workforce. (Sec 3.7, TESDA Circ. no.
16, s. 2004)
ART. 61. Contents of Apprenticeship Agre
ements (amended by Sec. 1, EO 111, 1986)
• Apprenticeship agreements, including wage rates of apprentices, shal
l conform to the rules issued by the Minister of Labor and Employmen
t. The period of apprenticeship shall not exceed six months. Apprentic
eship agreements providing for wage rates below the legal minimum
wage, which in no case shall start below 75 per cent of the applicable
minimum wage, may be entered into only in accordance with apprenti
ceship programs duly approved by the Minister of Labor and Employ
ment. The Ministry shall develop standard model programs of appren
ticeship.
 Sec. 1, EO 111, s. 1986

• "Art. 61. Contents of apprenticeship agreements. Apprenticeship

agreements, including wage rates of apprentices, shall conform t
o the rules issued by the Minister of Labor and Employment. The
period of apprenticeship shall not exceed six months. Apprentice
ship agreements providing for wage rates below the legal minimu
m wage, which in no case shall start below 75 per cent of the app
licable minimum wage, may entered into only in accordance with
apprenticeship programs duly approved by the Minister of Labor
and Employment. The Ministry shall develop standard model pro
grams of apprenticeship."
Rules to Implement the Labor Code
• Shall not exceed six (6) months
• 400 hours or 2 months for trade or occupations which normally requir
e a year or more for proficiency; and
• 200 hours or 1 month for occupations and jobs which require more th
an 3 months but less than 1 yr for proficiency.
• At least 5 working days before actual date of termination, the party te
rminating shall serve a notice stating the reason of such decision
ART. 62. Signing of Apprenticeship A
greement. Every apprenticeship
• agreement shall be signed by the employer or his agent, or by an auth
orized representative of any of the recognized organizations, associati
ons or groups and by the apprentice.
• An apprenticeship agreement with a minor shall be signed in his behal
f by his parent or guardian or, if the latter is not available, by an autho
rized representative of the Department of Labor, and the same shall b
e binding during its lifetime.
• Every apprenticeship agreement entered into under this Title shall be
ratified by the appropriate apprenticeship committees, if any, and a co
py thereof shall be furnished both the employer and the apprentice.
ART. 63. Venue of Apprenticeship Pro
grams.
• Any firm, employer, group or association, industry organization or civi
c group wishing to organize an apprenticeship program may choose fr
om any of the following apprenticeship schemes as the training venue
for apprentice:

• (a) Apprenticeship conducted entirely by and within the sponsoring fir

m, establishment or entity;
• (b) Apprenticeship entirely within a Department of Labor and
Employment training center or other public training institutio
n; or
• (c) Initial training in trade fundamentals in a training center o
r other institution with subsequent actual work participation
within the sponsoring firm or entity during the final stage of t
raining.
ART. 64. Sponsoring of Apprenticeshi
p Program.
• Any of the apprenticeship schemes recognized herein may b
e undertaken or sponsored by a single employer or firm or by
a group or association thereof or by a civic organization. Actu
al training of apprentices may be undertaken:

• (a) In the premises of the sponsoring employer in the case of

individual apprenticeship programs;
• (b) In the premises of one or several designated firms in the c
ase of programs sponsored by a group or association of empl
oyers or by a civic organization; or

• (c) In a Department of Labor and Employment training center

or other public training institution.
 ART. 65. Investigation of Violation
of Apprenticeship Agreement

• Upon complaint of any interested person or upon its own ini

tiative, the appropriate agency of the Department of Labor a
nd Employment or its authorized representative shall investig
ate any violation of an apprenticeship agreement pursuant to
such rules and regulations as may be prescribed by the Secre
tary of Labor and Employment.
ART. 66. Appeal to the Secretary of
Labor and Employment

• The decision of the authorized agency of the Department of

Labor and Employment may be appealed by any aggrieved p
erson to the Secretary of Labor and Employment within five
(5) days from receipt of the decision. The decision of the Secr
etary of Labor and Employment shall be final and executory.
ART. 67. Exhaustion of Administrativ
e Remedies.

• No person shall institute any action for the enforcement of a

ny apprenticeship agreement or damages for breach of any s
uch agreement, unless he has exhausted all available adminis
trative remedies.
ART. 68. Aptitude Testing of Applica
nts.
• Consonant with the minimum qualifications of apprentice-applicants r
equired under this Chapter, employers or entities with duly recognize
d apprenticeship programs shall have primary responsibility for provid
ing appropriate aptitude tests in the selection of apprentices.

• If they do not have adequate facilities for the purpose, the Departmen
t of Labor and Employment shall perform the service free of charge.
ART. 69. Responsibility for Theoreti
cal Instruction.

• Supplementary theoretical instruction to apprentices in cases where t

he program is undertaken in the plant may be done by the employer. I
f the latter is not prepared to assume the responsibility, the same may
be delegated to an appropriate government agency.
ART. 70. Voluntary Organization of A
pprenticeship Programs; Exemptions
• (a) The organization of apprenticeship program shall be prim
arily a voluntary undertaking by employers;

• (b) When national security or particular requirements of eco

nomic development so demand, the President of the Philippi
nes may require compulsory training of apprentices in certai
n trades, occupations,
• (b. cont)jobs or employment levels where shortage of traine
d manpower is deemed critical as determined by the Secreta
ry of Labor and Employment. Appropriate rules in this conne
ction shall be promulgated by the Secretary of Labor and Em
ployment as the need arises; and

• (c) Where services of foreign technicians are utilized by priva

te companies in apprenticeable trades, said companies are re
quired to set up appropriate apprenticeship programs.
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