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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:
A JobStart interns and trainees have the right to:
1. a definite period of internship or training program;
2. payment of allowances and stipends;
3. other benefits and privileges.
(JobStart Philippines Act)
Under the 1987 Constitution, it is the policy of the State to promote full employment, equality of employment opportunities for all, and afford full protection to labor.
Republic Act No. 10869, otherwise known as the JobStart Philippines Act, was enacted to shorten the transition from school to work of young Filipinos by enhancing the knowledge and skills acquired in formal education or technical training by jobseekers in order for them to become more responsive to the demands of the labor market. With the participation of the private sector and other stakeholders, the program will also help develop the life skills of the youth, including those relevant to the values of professionalism and work appreciation, and provide trainees with a conducive and safe work environment or venue where they can apply relevant theories and code of ethics. (Section 3, JobStart Philippines Act)
JobStart refers to the Department of Labor and Employment’s (DOLE) program designed to enhance the employability of at-risk youth to improve their integration into productive employment through the provision of full cycle employment facilitation services including job search assistance, free technical and life skills trainings, placement in internships, and job referral from the Public Employment Service Office (PESOs). (Section 4, par. c, JobStart Philippines Act)
What is a JobStart internship?
JobStart internship refers to the practical learning of a JobStart trainee in a regular work environment with a participating employer for a period of up to three (3) months, as determined by the latter. (Section 4, par. e, JobStart Philippines Act)
What is a JobStart technical training?
JobStart technical training refers to the technology-based theoretical instruction for a period of up to three (3) months in a lecture area, and hands-on exercises in a laboratory or a workshop within the premises of a technical training provider, either in a Technical Vocational Institute (TVI) registered with the Technical Education and Skills Development Authority (TESDA), in-house in a participating employer, or within the available facilities of local government units (LGUs). (Section 4, par. e, JobStart Philippines Act)
Who may be qualified as a JobStart trainee?
To be qualified as a JobStart trainee, a person shall:
(a) Be a Filipino citizen;
(b) Be eighteen (18) to twenty-four (24) years of age at the time of the registration period. Those who are seventeen (17) years old may also register provided that they will be eighteen (18) years old at the time of the technical training;
(c) Have at least reached high school level;
(d) Not be employed, studying, or undergoing training at the time of the registration; and
(e) Have no work experience or have less than one (1) year of accumulated work experience. (Section 5, JobStart Philippines Act)
What are the rights of a JobStart intern or trainee?
Right to a definite training period
The JobStart training period shall be divided into three (3) phases, namely:
A. JobStart Life Skills Training:
(1) The life skills training shall be conducted by the PESOs with technical assistance from the DOLE for a period of ten (10) days, with at least one life skill being taught in each day of the program.
(2) The JobStart life skills training modules shall be developed by the DOLE in consultation with the DepEd, CHED, TESDA and other stakeholders.
(3) The JobStart trainee shall receive a daily allowance for the duration of the life skills training to be provided by the PESOs with funding support from the DOLE.
B. JobStart Technical Training:
(1) The JobStart technical training shall be for a period of up to three (3) months. Upon the recommendation of the participating employer and as approved by the PESO, a JobStart trainee can skip or be exempted from undergoing the technical training and transition directly to internship stage. The technical training period may also be less than three (3) months depending on the skills and competencies that the JobStart trainee must achieve and as determined by the participating employer.
(2) The JobStart trainee shall receive a training allowance from the JobStart unit for the duration of the technical training.
(3) The JobStart technical training shall allow the trainee to acquire a qualification or a set of competencies aligned with the appropriate TESDA training regulations, as applicable, and be qualified to get a National Certificate (NC) or Certificate of Competency (COC). The TESDA shall set the mechanisms and guidelines for the evaluation of competencies not covered by existing training regulations.
C. JobStart Internship:
(1) The JobStart internship period shall not be more than three (3) months or six hundred (600) hours. The total daily training hours shall be eight (8) hours exclusive of not less than sixty (60) minutes time off for the regular meals.
(2) The internship period may be beyond eight (8) hours a day: Provided, That said overtime shall not exceed two (2) hours a day. The JobStart trainee shall be paid for the overtime stay an additional stipend equivalent to the daily interchip stipend plus at least twenty-five percent (25%) thereof.
(3) In case of night shift training, the JobStart trainee shall be entitled to a night shift differential pay of not less than ten percent (10%) of the internship stipend for each hour of training between ten o’clock in the evening and six o’clock in the morning.
(4) A JobStart trainee may be trained during regular holidays: Provided, That the trainee is willing to and will be compensated twice the daily internship stipend on a regular holiday.
(5) The time spent on overtime stay shall be duly credited to the trainee’s number of training hours.
(6) A JobStart trainee shall no longer be required to undergo a probationary period at the end of the internship phase should the trainee be hired in the same establishment upon completion of the program: Provided, That said trainee also completed his or her technical training within the training plan prepared by the same participating employer.
Right to payment of allowances and stipends
Section 10 of the law says:
The trainees shall receive a daily training allowance from the JobStart unit beginning from the life skills training stage to the technical training stage. The amount of the training allowance shall be determined by the DOLE.
Upon entry into the internship stage, the participating employer shall provide the JobStart trainees with a daily stipend of not less than seventy-five percent (75%) of the prevailing minimum wage in the city or municipality where the establishment is located. The amount of the stipend shall be based on the trainee’s actual attendance. Absences, tardiness or undertime incurred shall be deducted therefrom in accordance with the training plan.
Training allowances and stipends shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.
Right to other benefits and incentives
Section 12 of the law provides that:
“Notwithstanding the LGU or participating employer’s preference to provide additional or other health services or insurance support, the JobStart trainees shall be covered with a basic accident insurance for the duration of the program to be paid by the DOLE. The participating employer shall be reimbursed by the DOLE and disbursed through the PESO with the cost of the JobStart trainee’s pre-training and employment medical examinations. On the other hand, the LGU shall exempt the JobStart trainees from securing a work permit.”
Aside from the foregoing, an intern or trainee, just as with any other employee, shall be entitled to safe and healthy working conditions, free from any form of discrimination in the workplace.
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