Book II. Title II. Training and Employment of Special Workers Flashcards
What is apprenticeship?
Apprenticeship” means practical training on the job supplemented by related theoretical instruction.
What is an apprentice?
An “apprentice” is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this Chapter.
What is apprenticeable occupation?
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. (See Sec. 4[m] R.A. No. 7796, TESDA law.)
What is an Apprenticeship agreement?
“Apprenticeship agreement” is an employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training.
What are the qualifications of an apprentice?
ART. 59. QUALIFICATIONS OF APPRENTICE
To qualify as an apprentice, a person shall:
(a) Be at least fourteen (14) years of age;
(b) Possess vocational aptitude and capacity for appropriate tests; and
(c) Possess the ability to comprehend and follow oral and written instructions.
Who may employ apprentices?
ART. 60. EMPLOYMENT OF APPRENTICES
Only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations approved by the Minister of Labor and Employment.
Who implements the apprenticeship program?
Section 18 of the TESDA Act of 1994 expressly empowers the TESDA to implement and administer the apprenticeship program in accordance with existing laws, rules and regulations.
What are the requisites for employment of an apprentice?
- The employer should be engaged in a business that is considered a highly technical industry.
- The job which the apprentice will work on should be an apprenticeable occupation.
What is the apprenticeable age?
- 15 years old
What happens when an employer fails to secure prior approval for an apprenticeship?
- The apprenticeship agreement between Nitto and Capili has no force and effect in the absence of a valid apprenticeship program duly approved by the DOLE. Hence, Capili’s assertion that he was hired not as an apprentice but as a delivery boy (“kargador” or “pahinante”) deserves credence. He should be considered a regular employee. (Nitto Enterprises vs. NLRC)
Where is the venue for apprenticeship programs?
ART. 63. VENUE OF APPRENTICESHIP PROGRAMS
Any firm, employer, group or association, industry, organization or civic group wishing to organize an apprenticeship program may choose from any of the following apprenticeship schemes as the training venue of apprentices: (a) Apprenticeship conducted entirely by and within the sponsoring firm, establishment or entity;
(b) Apprenticeship entirely within a Department of Labor training center or other public training institutions; or
(c) Initial training in trade fundamentals in a training center or other institutions with subsequent actual work participation within the sponsoring firm or entity during the final stage of training.
Who shall investigate violations of apprenticeship agreements?
ART. 65. INVESTIGATION OF VIOLATION OF APPRENTICESHIP AGREEMENT
Upon complaint of any interested person or upon its own initiative, the appropriate agency of the Department of Labor or its authorized representative shall investigate any violation of an apprenticeship agreement pursuant to such rules and regulations as may be prescribed by the Secretary of Labor.
Where may the decision of the authorized agency be appealed?
ART. 66. APPEAL TO THE SECRETARY OF LABOR
The decision of the authorized agency of the Department of Labor may be appealed by any aggrieved person to the Secretary of Labor within five (5) days from receipt of the decision. The decision of the Secretary of Labor shall be final and executory.
