What is Apprenticeship:

Apprenticeship means practical training on the job supplemented by related

theoretical instruction. (Art. 58)
Apprenticeship is a program created by law and implemented by primarily
by the Department of Labor where qualified persons may join a company
engaged in apprenticeable occupation to be able to help meet the demand
of the economy for trained manpower.
It is a training within employment involving a contract between an
apprentice an enterprise on an approved apprenticeable occupation.

What is Learnership
Learnership refers to any practical training on learnable occupation which
may or may not be supplemented by related theoretical occupation
Learners are persons hired as 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 (3) months. (Art 73)

The apprenticeship and learnership programs shall be implemented
pursuant to the following laws:
a. RA 7796 (TESDA Act)
b. PD 442 (Labor Code)
c. EO 111 issued on Dec. 24, 1986
With the transfer of the Apprenticeship and learnership Programs to TESDA
by virtue of RA 7796, all applicable systems and procedures of TVET shall be
applied to said programs. Implementation of these programs, however,
shall remain to be in accordance with the Labor Code of the Philippines and
Executive Order 111
Under RA7796, employers can only hire apprentices for apprenticeable
occupations which must be officially endorsed by a tripartite body and
approved for apprenticeship by TESDA to protect apprentices and prevent
possible abuses by prospective employers.
Department Order No. 68-04 states that no enterprise shall be allowed to
hire apprentices unless its apprenticeship program is registered and
approved by TESDA (Century Canning Corp v CA [GR No. 152894, August 17,
2007]
As such, the apprenticeship and learnership programs shall continued to be
viewed as training and employment programs but greater attention should
be given to skills acquisition of the apprentice or learners.

1. Who may become an apprentice?
To qualify as an apprentice a person must be:
(a) Be at least fifteen 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;
(b) Be physically fit for the occupation in which he desires to be trained;
(c) Possess vocational aptitude and capacity for the particular occupation as
established through appropriate tests; and
(d) Possess the ability to comprehend and follow oral and written
instructions.

2. What are the benefits of having an apprenticeship program?

a. It helps meet the needs of the economy for trained manpower in the
widest possible range of employment
b. It enables the company employ manpower at lower costs
c. A certificate of meritorious service may be awarded by the Secretary
of Labor and Employment to apprenticeship committees or other
entities which have rendered outstanding service to the cause of
apprenticeship.
d. Participating companies shall be entitled to an additional deduction
from taxable income of of the value of labor training expenses
incurred for developing the productivity and efficiency of
apprentices/learners. Said incentive shall be given provide that such
deduction shall not exceed 10% of direct labor wage and that the
enterprise who wish to avail of this incentive pay the apprentices the
minimum wage.


Art 59-60. Requisite for a Valid Apprenticeship
1. Qualifications of apprentices are met
2. The apprentice earns not less than 75% of the prescribed minimum salary
3. Apprenticeship agreement duly executed and signed
4. Apprenticeship program approved by the Secretary of Labor; otherwise
apprentice is deemed a regular employee
5. Period of apprenticeship shall not exceed 6 months

5.Who may establish an apprenticeship program?
Any entity, whether or not organized for profit may establish or sponsor
apprenticeship programs and employ apprentices.
It can only employ up to a maximum of 20% of its total regular workforce.

ARTICLE 60. Employment of apprentices
- Only employersin the highly technical industries may employ apprentices and
only in apprenticeable occupations approved by the Secretary of Labor and
Employment. (As amended by Section 1, ExecutiveOrder No. 111, December 24,
1986)

Prior approval by the DOLE of the proposed apprenticeship program is a condition
sine qua non before an apprenticeship agreement can be validly entered into
(Nitto v NLRC, [GR No. 114337, Sept ember 29, 1995]
At the termination of the apprenticeship, the employer is not required to
continue employment.

EXCEPTIONS:
1. Employer may not pay wage if the apprenticeship is:
A requirement for graduation
Required by the school
Required by the Training Program Curriculum
Requisite for Board Examination

2. Compulsory apprenticeship.
(a) When grave national emergencies, particularly those involving the security
of the state, arise or particular requirements of economic development so
demand, the Secretary of Labor and Employment may recommend to the
President of the Philippines the compulsory training of apprentices required in a
certain trades, occupations, jobs or employment levels where shortage of trained
manpower is deemed critical;

(b) Where services of foreign technicians are utilized by private companies in
apprenticeable trades said companies are required to set up appropriate
apprenticeship programs.

Art 63 . Venue of Apprenticeship Program
1. The plant, shop, premised of the employer of the firm concerned if the
apprenticeship program is organized by an individual employer or firm.
2. 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
3. DOLE training center or other public training institutions with which the
Bureau has made appropriate arrangements.

7. How do you carry out an apprenticeship program?

Identify which trades are apprenticeable. If it is apprenticeable then:

1. Submit a letter of application to TESDA
2. Submit a curriculum design/skills training outline.
3. Submit certification that the number of apprentices to be hired is not more
than 20% of the total regular workforce.

If not:

1. Office of apprenticeship shall review the documents and recommend to the
TESDA Board approval of the proposed occupation(s) for inclusion in the list of
apprenticeable occupations.
2. Office of apprenticeship shall update the List of Apprenticeable/Learnable
occupations and disseminate copy to the Regional or Provincial Offices.
3. The Provincial Office upon receiving the list shall prepare the Certificate of
Registration and issue it to the enterprise within 5 days.

1. What should be included in the apprenticeship agreement?
(a) The full names and addresses of the contracting parties;
(b) Date of birth of the apprentice;
(c) Name of the trade, occupation or job in which the apprentice will
be trained and the dates on which such training will begin and will
approximately end;
(d) The approximate number of hours of on-the-job training as well
as of supplementary theoretical instructions which the apprentice
shall undergo during his training;
(e) A schedule of the work processes of the trade/occupation in
which the apprentice shall be trained and the approximate time to be
spent on the job in each process;
(f) The graduated scale of wages to be paid the apprentice;
(g) The probationary period of the apprentice during which either
party may summarily terminate their agreement; and
(h) A clause that if the employer is unable to fulfill his training
obligation, he may transfer the agreement, with the consent of the
apprentice, to any other employer who is willing to assume such
obligation.
3. If I enter as an apprentice, what do I get?


a. Upon completion of his training, the apprentice shall be issued a
certificate of completion of apprenticeship by the Apprenticeship
Division of the Regional Office concerned.
b. A certificate of completion of apprenticeship shall be evidence of the
skills specified therein in accordance with national skills standards
established by the Department.
c. A wage equivalent to 75% of the prevailing minimum wage and other
benefits including OT. OT work is duly credited to his training hours.

4. Settlement of Disputes:

In case of any violation of apprenticeship/learnership agreement, the Plant
Apprenticship Committee (PAC) upon filing of complaint by the aggrieved
party shall have the initial responsibility for settling differences. In case of
failure by the PAC to settle the issue, the TESDA Provincial Office or its
authorized representative shall refer the case to DOLE Regonal/Provincial
Office which has jurisdiction over the concerned company to investigate
and render a decision pursuant to pertinent rules and regulation.


DISTINCTIONS BETWEEN LEARNERSHIP AND APPRENTICESHIP
WHO
Learners: (Art 73)
Persons hired as trainees in semi-skilled and other industrial occupations
which are non-apprenticeable
May be learned through practical training on the job in a relatively short
period of time
Shall not exceed 3 months
Apprentices
Practical training on the job
Supplemented by related theoretical instruction
Covered by a written apprenticeship agreement with an individual
employer or entity
Needs DOLE approval
The period of apprenticeship shall not be less than 4 months and not more
than six (6) months.

WHEN MAY BE HIRED
Learners: (Art 74)
No experienced workers available
Necessary to prevent curtailment of employment opportunities
Employment does not to create unfair competition in labor costs and lower
working standards

Apprentices:
Only in highly technical industries
Only in apprenticeable occupations


Learners:
List of learnable trades provided by TESDA
Learners employed in piece or incentive-rate jobs during the training period
shall be paid in full for the work done. (Art 76. Learners in piecework)

Apprenticeship:
List of apprenticeable occupations by TESDA

Article 75. Contents of Learnership Agreement
1. Names and addresses of employer and learner
2. Occupation to be learned and the duration of the training period which
shall not exceed 3 months
3. Wage of the learner which shall be at least 75% of the applicable
minimum wage
4. Commitment to employ the learner, if he so desires, as a regular
employee upon completion of training.
A learner who has worked during the first two months shall be deemed a regular
employee of the training is terminated by the employer before the end of
stipulated period through no fault of the learner.




DEPARTMENT ORDER NO. 68-04
Series of 2004
GUIDELINES IN THE IMPLEMENTATION
OF THE KASANAYAN AT HANAPBUHAY PROGRAM
(An Apprenticeship and Employment Program)What is Kasanayan at
Hanapbuhay Program?
The Kasanayan at Hanapbuhay Program is an apprenticeship and employment program
adopted as a bridging mechanism for new entrants to the labor force as they will be
able to acquire basic skills and work experiences needed by employers in hiring new
employees.
What are the objectives of the program?
Generally, the Kasanayan at Hanapbuhay program shall ensure the availability of
qualified skilled workers based on industry needs and requirements as well as
facilitate and speed up the matching of jobseekers with available jobs.
Specifically, the program shall:
1. provide opportunity for new entrants to the labor force to acquire
experience and skills;
2. generate commitment from enterprises in developing the skills of the
Filipino workforce; and
3. facilitate the absorption of apprentices into the regular workforce after
their apprenticeship.
Who can join the program?
Any unemployed person 15 years old and above can apply for apprenticeship with any
participating enterprise.
Where can they register?
Applicants for the Kasanayan at Hanapbuhay Program can register at any PESO near
their place or in any DOLE regional / provincial / district / offices. And they shall:
1. register using the NMRS form;
2. submit to PESO the accomplished NMRS form in two (2) copies;
3. report to enterprise for screening, if referred by the PESO, and
4. inform the PESO on the result of the application.
How can an enterprise participate in the Kasanayan at Hanapbuhay
Program?
Any enterprise duly registered with appropriate government authorities with ten (10)
or more regular workers is qualified to join the program. It shall accept apprentices
not more than twenty (20) percent of its total regular workforce.
How can they register for the program?

The enterprise shall register its apprenticeship program with any of the TESDA
Provincial Offices, submitting the following requirements:
a. Letter of application;
b. Certification that the number of apprentices to be hired is not more than
20 percent of the total regular workforce; and
c. Skills Training Outline
What is an Apprenticeship Agreement?
An apprenticeship agreement is a contract wherein a prospective enterprise binds
himself to train the apprentice who, in turn, accepts the terms of training for a
recognized apprenticeable occupation emphasizing the rights, duties and
responsibilities of each party.
No apprenticeship training will commence until an Apprenticeship Agreement has
been forged between an enterprise and an apprentice.
What are considered apprenticeable occupations?
Apprenticeable occupations are occupations officially approved for apprenticeship by
TESDA.
At present, there are about one hundred forty-nine (149) approved apprenticeable
occupations, including occupations not highly technical but needed by industry.
How long is the duration of the apprenticeship agreement?
The apprenticeship period shall not be less than four (4) months but not more than six
(6) months.
However, participating employer has the option to hire the apprentice even prior to
the completion of the apprenticeship period.
How much wage shall an apprentice receive?
Apprentices shall be entitled to receive a wage not less than 75% of the prevailing
minimum wage and benefits such as social security and health benefits, and overtime
pay.
Apprentices can also work overtime provided there are no regular workers to do the
job and the time spent on overtime work is duly credited to his training hours.
What incentives are participating enterprises entitled to receive?
Participating enterprises shall be entitled to:
payment of 75% of the prevailing minimum wage to apprentices; or
an additional deduction from taxable income of one-half (1/2) of the value of
labor training expenses incurred for developing the productivity and efficiency
of apprentices, provided that such deduction shall not exceed ten (10) percent
of direct labor wage.
APPRENTICESHIP AND LEARNERSHIP
1. What is Apprenticeship: GEANN
2. What is Learnership
3. pertinent laws

4. Who may become an apprentice? MIMI
5. What are the benefits of having an apprenticeship program?

6. Art 59-60. Requisite for a Valid Apprenticeship CARESSA
7. Who may establish an apprenticeship program?

8. ARTICLE 60. Employment of apprentices MOSES
9. Exceptions to the general rules:
10. Exceptions to the general rules:

11. Art 63 . Venue of Apprenticeship Program CHARISMA
12. How do you carry out an apprenticeship program?

13. apprenticeship agreement INA
14. If I enter as an apprentice, what do I get?

15. Settlement of Disputes: CELLINI
16. Learnership Agreement

17. (An Apprenticeship and Employment Program) KASH DAGNY
18. OBJECTIVES

19. REGISTRATION LEA
20. REGISTRATION

21. APPRENTICESHIP AGREEMENT CARESSA
22. Apprenticeship agreement
23. Apprenticeship agreement

24. Distinctions between learners and apprentices GEANN
LEARNERS:
25. Apprentices

26. WHEN MAY BE HIRED MOSES
27. Learnable trades and apprenticeable occupations