After reading “What is an Apprenticeable Occupation under the Labor Code?”, read also “Is the imposition of productivity standards a management prerogative?”
-
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 instructions.
-
It may likewise refer to an occupation officially endorsed by a tripartite body and approved for apprenticeship by the TESDA.
The law says:
Article 57 of the Labor Code provides for the objectives for the training and employment of special workers. To wit:
“Art. 57. Statement of objectives. This Title aims:
- To help meet the demand of the economy for trained manpower;
- To establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies; and
- To establish apprenticeship standards for the protection of apprentices.”
Under Article 58 of the Labor Code, 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 instructions.
Under Republic Act No. 7796 or the Technical Education and Skills Development Authority (TESDA) Act of 1994, an apprenticeable occupation is an occupation officially endorsed by a tripartite body and approved for apprenticeship by the TESDA. (Section 4, R.A. No. 7796)
It is no longer the Secretary of Labor who approves apprenticeable occupations. Such power is now vested with the TESDA.
TESDA Circular No. 120, Series of 2020 provides for the guidelines to ensure a wider and more efficient implementation of Apprenticeship and Learnership Programs.
“x x x
1.3. The Apprenticeship and Learnership Programs shall continue to be viewed as training within employment with greater emphasis and importance to skills acquisition of the apprentices and learners towards employment.
x x x
1.7. Pursuant to Article 69, Book Il Title Il of the Labor Code of the Philippines, as amended, the related theoretical instructions to apprentices may be undertaken in the enterprise or in partnership with a Technical Vocational Institution.
x x x.”
What are the requisites of a valid apprenticeship?
Article 61 of the Labor Code provides:
“Contents of apprenticeship agreement. — Apprenticeship agreements, including the main rates of apprentices, shall conform to the rules issued by the Minister of Labor and Employment. The period of apprenticeship shall not exceed six months. Apprenticeship 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 apprenticeship program duly approved by the Minister of Labor and Employment. The Ministry shall develop standard model programs of apprenticeship.”
An apprenticeship is valid if:
- Qualifications of apprenticeship are met;
- Apprentice earns not less than 75% of the prescribed minimum salary;
- Apprenticeship agreement was duly executed by the apprentice and the employer;
- Apprenticeship program is approved by TESDA;
- Period of apprenticeship shall not exceed six (6) months.
What are examples of apprenticeable occupations?
Apprenticeship programs may be conducted in various sectors of labor such as the following:
- Agriculture, Forestry and Fishery;
- Automotive and Land Transportation;
- Creative Decorative Crafts;
- Chemicals /Plastics/Petrochemicals;
- Construction;
- Electronics;
- Footwear and Leather Goods;
- Furniture and Fixtures;
- Garments;
- Healthcare;
- Heating, Ventilation, Airconditioning and Refrigeration;
- Information and Communications Technology;
- Transportation and Logistics;
- Maritime;
- Metals and Engineering;
- Processed Food and Beverage;
- Pyrotechnics
- Social, Community Development;
- Tourism;
- Utilities;
- Visual Arts; and
- Wholesale and Retail Trading.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
[email-subscribers-form id=”4″]