Labor Law and Social Legislation › Labor Standards › Enterprise-Based Education and Training (EBET) (RA 12063)
2. Apprenticeship
1. Apprentices and learners
a. The Dual Training System Act: R.A. No. 7686, R.A. No. 10869 or the Jobstart Philippines Act b. R.A. No. 11230 or the Tulong-Trabaho Act
Apprentices and Learners
| LEARNERS | APPRENTICES |
| 1. Persons hired as trainees in semi- skilled and other industrial occupations 2. Non- apprenticeable 3. May be learned through practical training on the job in a relatively short period of time 4. Shall not exceed 3 months |
1. Practical training on the job 2. Supplemented by related theoretical instruction 3. Covered by a Written apprenticeship agreement with an individual employer or entity 4. Needs DOLE approval 5. Shall not exceed 6 months |
| Training Agreement | |
| Governed by Learnership Agreement | Apprenticeship Agreement |
| Occupation | |
| learnable occupations consisting of semi-skilled and other industrial occupations which are non-apprenticeable | Apprenticeable occupations or any trade, form of employment or occupation approved for apprenticeship by the DOLE Secretary |
| Theoretical instructions | |
| Learnership may or may not be supplemented by related theoretical instructions | Apprenticeship should always be supplemented by related theoretical instructions |
| Ratio of theoretical instructions and on OJT | |
| For both, the normal ratio is one hundred (100) hours for every two thousand 2,000 hours of practical or on-the-job training | |
| Competency-based system | |
| It is required that learnership be implemented on the TESDA-approved competency-based system | Not required |
| Duration of training | |
| Not exceeding three (3) months of practical training | The apprenticeship period shall not exceed six (6) months |
| Qualifications | |
| Law does not mention any qualification | Art. 59 of the Labor Code: • Be at least fifteen (15) years of age; (IRR and R.A. 7610, as amended by R.A. 7658) • Possess vocational aptitude and capacity for appropriate tests; and • Possess the ability to comprehend and follow oral and written instructions. |
| Circumstances justifying hiring of trainees | |
| Art. 74. Pre-requisites before learners may be validly employed: 1. When no experienced workers are available; 2. The employment of learners is necessary to prevent curtailment of employment opportunities; and 3. The employment does not create unfair competition in terms of labor costs or impair or lower working standards |
Law does not expressly mention any |
| Limitation on the number of trainees | |
| In learnership, a participating enterprise is allowed to take in learners only up to a maximum of twenty percent (20%) of its total regular workforce | No similar cap is imposed in the case of apprenticeship |
| Option to employ | |
| The enterprise is obliged to hire the learner after the lapse of the learnership period; | The enterprise is given only an “option” to hire the apprentice as an employee. |
| Wage rate | |
| Learners must receive at least seventy-five percent (75%) of the applicable minimum wage. An apprentice may be paid below the legal minimum, but not less than seventy-five percent (75%) of it, only under a duly approved apprenticeship program. |
Requisites for a Valid Apprenticeship (Art 58(b) Labor Code):
- Qualifications of apprentice are met
- If the apprenticeship agreement provides a wage below the legal minimum, it must be under a duly approved apprenticeship program and must not start below 75% of the applicable minimum wage
- Apprenticeship agreement duly executed and signed
- Apprenticeship program approved by the sec. Of labor; otherwise, the apprentice shall be deemed as a regular employee
- Period of apprenticeship not exceed 6 months
At the termination of the apprenticeship, the employer is not required to continue the employment.
Employer may not pay wage if the apprenticeship training is:
- A requirement for graduation
- Part of the school curriculum
- Requisite for Board examination
Art. 63, Labor Code. Venue of Apprenticeship Programs
The plant, shop, premises of the employer or firm concerned if the apprenticeship program is organized by an individual employer or firm.
The premises of one or several firms designated for the purpose by the organizer of the program if such organizer is an association of employers, civic groups and the like.
DOLE training center or other public training institutions with which the Bureau has made appropriate arrangements.