ON APPRENTICESHIP AGREEMENT

After reading On Apprenticeship Agreement, read also Effects if a Stock of a Closed Corporation is Issued or Transferred in Breach of Qualifying Conditions

• Apprenticeship means practical training on the job supplemented by related theoretical instruction

• Apprentice is a worker covered by a written apprenticeship agreement

• Apprenticeship agreement is an employment contract where the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training

T  he promotion, development, and maintenance of apprenticeship programs shall have the following objectives:

1. To meet the needs of the economy for training manpower in the widest possible range of employment;

2. To establish a national apprenticeship program through the participation of employers, workers, government, civic and other groups; and

3. To establish apprenticeship standards for the protection of apprentices and upgrading skills

What is apprenticeship?

The law says:

Apprenticeship means any training on the job supplemented by related theoretical instructions involving apprenticeable occupations and trades as may be approved by the Secretary of Labor and Employment. A worker who is covered by a written apprenticeship agreement with an employer is called apprentice. An apprenticeship agreement on the other hand is a written agreement contract where the employer binds himself to train the apprentice and the latter in turn agrees to work for the employer.

Please bear in mind that the apprenticeship program is voluntary in nature. The organization of apprenticeship program shall be primarily a voluntary undertaking of employers, except as otherwise provided.

Who may establish apprenticeship programs?

The law says:

Any entity, whether or not organized for profit may establish or sponsor apprenticeship programs and employ apprentices.

In lieu of organizing programs, non-profit entities may:

1. Execute an agreement with firms of their choice with on-going apprenticeship programs, directly or through the Department of Labor and Employment, assuming responsibility for training deserving apprentices selected by an employer who shall pay the apprentices;

2. Give financial and other contributions for the promotion of apprenticeship programs; or

3. Provide other forms of assistance.

Apprentices who train under such programs shall be properly identified in apprenticeship agreements with the employer. However, responsibility for compliance with the employee’s compensation, social security, medicare and other labor laws shall remain with the employer who benefits from the productive efforts of the apprentice.

What are the qualifications of apprentices?

The law says:

To qualify as an apprentice, an applicant shall:

1. Be at least fifteen (15) years of age; provided those who are at least fifteen years of age but less than eighteen may be eligible for apprenticeship only in non-hazardous occupations;

2. Be physically fit for the occupation in which he desires to be trained;

3. Possess vocational aptitude and capacity for the particular occupation as established through appropriate tests; and

4. Possess the ability to comprehend and follow oral and written instructions

Trade and industry associations may, however, recommend to the Secretary of Labor and Employment appropriate educational qualifications for apprentices in certain occupations. Such qualifications, if approved, shall be educational requirements for apprenticeship in such occupations unless waived by an employer in favor of an applicant who has demonstrated exceptional ability. A certification explaining briefly the ground for such waive, and signed by the person in charge of the program, shall be attached to the apprenticeship agreement of the applicant concerned.

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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.

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