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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The second week of September of every year is declared as “Education Week”. During this period, vital information about the objectives, work and accomplishments of public and private schools may be disseminated. (Proclamation No. 409, series of 1953)
By virtue of Proclamation No. 409, series of 1953, the second week of September of every year is declared as “Education Week”. During this period, vital information about the objectives, work and accomplishments of public and private schools may be disseminated.
Under the 1987 Constitution, the State Shall protect and promote the right of all Filipinos to quality education at all levels, and shall take appropriate stops to make education accessible to all. (Section 1, Article XIV, 1987 Constitution)
Apprenticeship and Learnership
The Labor Code enshrines the Constitutionally-declared policy of the State in affording full protection to labor. It likewise adopts the policy of the State in protecting and promoting the right of Filipinos to quality education at all levels by including provisions on apprenticeship and learnership.
Apprenticeship has been defined as the “practical training on the job supplemented by related theoretical instruction.” (Article 58, par. a, Labor Code)
No enterprise shall be allowed to hire apprentices unless its apprenticeship program is registered and approved by the Technical Education and Skills Development Authority (“TESDA”).
It must be noted that not all occupations may be the subject of an apprenticeship program. Only employers in highly technical industries may hire apprentices, and only in apprenticeable occupations. Such apprenticeable occupations refer to any trade, form of employment or occupation which requires more than three months of practical training on the job supplemented by related theoretical instruction (Article 58, par. c, Labor Code).
Learnership, on the other hand, refers to the hiring of 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 months (Article 73, Labor Code).
While both apprenticeship and learnership involve practical on-the-job training and pays the trainee not less than 75% of the statutory minimum wage, apprenticeship and learnership differ from each other in the following manner:
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Apprenticeship involves highly technical occupation, while learnership involves semi-skilled or other occupations (Article 60 and 73, Labor Code);
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Apprenticeship is always supplemented by theoretical instruction, which may or may not be true with learnership (Article 61 and 75, Labor Code);
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Apprenticeship shall not be less than four (4) months nor more than six (6) months, while learnership shall not exceed three (3) months (Article 58, par. c and 73, Labor Code);
At the end of the apprenticeship period, the employer has the option to hire the apprentice. In learnership, on the other hand, the employer is required by law to hire the learner after the learnership period.
In the case of Century Canning Corporation v. Court of Appeals (G.R. No. 152894, August 17, 2007), the Supreme Court ruled that prior approval of the Technical Education and Skills Development Authority is necessary before the employer is allowed to hire apprentices.
Jurisprudence says:
“The TESDA’s approval of the employer’s apprenticeship program is required before the employer is allowed to hire apprentices. Prior approval from the TESDA is necessary to ensure that only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations. Thus, under [Republic Act No. 7796], employers can only hire apprentices for apprenticeable occupations which must be officially endorsed by a tripartite body and approved for apprenticeship by the TESDA. This is to ensure the protection of apprentices and to obviate possible abuses by prospective employers who may want to take advantage of the lower wage rates for apprentices and circumvent the right of the employees to be secure in their employment.
The requisite TESDA approval of the apprenticeship program prior to the hiring of apprentices was further emphasized by the DOLE with the issuance of Department Order No. 68-04 on 18 August 2004. Department Order No. 68-04, which provides the guidelines in the implementation of the Apprenticeship and Employment Program of the government, specifically states that no enterprise shall be allowed to hire apprentices unless its apprenticeship program is registered and approved by TESDA.” (Century Canning Corporation v. Court of Appeals, G.R. No. 152894, August 17, 2007)
Read also: Technical Education and Skills Development Authority (Republic Act No. 7796)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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