Book II. Title II. Chapter II. Learners

Question 1

What is a learner?

Answer 1

ART. 73. LEARNERS DEFINED
Learners are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.

Question 2

When may learners be hired?

Answer 2

ART. 74. WHEN LEARNERS MAY BE HIRED
Learners may be employed when no experienced workers are available, the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower working standards.

Question 3

What is the allowed compensation for learners?

Answer 3

ART. 75. LEARNERSHIP AGREEMENT
(c) The wages or salary rates of the learners which shall begin at not seventy-five percent (75%) of the applicable minimum wage

Question 4

Distinguish learnership from apprenticeship.

Answer 4

• both mean training periods for jobs requiring skills that can be acquired through actual work experience
• both may be paid wages 25% lower than the applicable minimum wage
• A learner trains in a semi-skilled job or in industrial occupations while an apprentice trains in a highly skilled job or in a job found only in a highly technical industry
• A learner requires only 3 months of training while an apprentice requires more than three months
• In learnership, the employer is committed to hire the learner-trainee as an employee after the training period while no such commitment exists in apprenticeship.
• Learnership is allowed even for non-technical jobs while employment of apprentices, as stated in Article 60, is legally allowed only in highly technical industries and only in apprenticeable occupations approved by DOLE