NON-RESIDENT ALIENS (NRA) APPRENTICES LEARNERS HANDICAPPED WORKERS

Art. 40 Employment permit of a NRA Art. 57 Statement of Objectives Art. 73 Learners defined Sec. 78 Definition
NRA vs RA Art. 58 Definition of Terms [T, SS, NAO-3] Are those whose earning capacity is IMPAIRED
NRA: Employment Certificate (a) Apprenticeship Those hired as Trainees by [AMPD]
RA: AERC or Alien Employment Involves practical training on the job in Semi-Skilled industries Age
Registration Certificate Supplemeted by related theoretical and Non-Apprenticeable Occupation Mental
GR: Not allowed in Nationalized Industries ie instruction Not exceeding 3 months Physical deficiency
Public Utility, Nat Res (b) Apprentice Art. 74 When Learners may be hired
Except: Under a written agreement of apprenticeship Art. 75 Learnership Agreement Sec. 79 When employable
1. Foreign Technical Personnel as (c) Apprenticeable Occupation Sec. 80 Employment Agreement
Authorized by the DOLE Secretary Requires more than 3 months Is there a commitment to employ? Sec. 81 Eligibility for Apprenticeship
2. Elected member of the Board of Of practical training on the job and YES, after the expiration of the 3 As long as performance of the the
Director supplemented by related theoretical months and the LEARNER so desires. business is not impeded
In proportion to their allowable instuctions o Not the employer
participation Art. 59 Qualifications of Apprentice
Art. 41 Prohibition Against Transfer Of [15-VAC-L] When is the kearner deemed a regular
Employment At least 15YO (based on RA) employee?
Art. 42 Submission of List Vocational aptitude and capacity test If after 2 months
Literacy: ability to comprehend and follow The employer TERMINATES the
written instructions W/O FAULT of the learner
What are the requirements for the employment of
Apprenticeship? Art. 76 Learners in Piece of work
1. Highly Technical Industries Entitled to full payment
2. Apprenticeship Agreement approved by
the DOLE Secretary Art. 77 Penalty clause
Otherwise, the apprentice shall be
deemed as regular employee
3. Apprenticeable Occupation
Endorsed and approved by the TESDA
When apprenticeship is required?
Art. 70 [NS/ED, SFT]
1. President may require in the interest of
National Security and Economic
Development
2. When the Services of Foreign Technical
Personnel are availed by private companies
in apprenticeable industries
DO 75-06 NOT SO IMPORTANT PROVISIONS Apprentice Learner RA 7277 Magna Carta for the Disabled
Coverage: All foreign nationals Art. 62 Signing of the Apprenticeship Agreement Focus Semi-skilled Highly (Not included accdg to sir)
Except: Art. 63 Venue of Apprenticeship Technical
[DS-IO-EGB-L-FP-T-RFN] Art. 64 Sponsoring of Apprenticeship Industries
Fee: 8K per year, 3K for extension Art. 65 Investigation of Violation of AA Term Not exceeding Not less than
Suspension: Art. 66 Appeal to the Secretary of Labor 3 months 3 months
[DIC-SEC] Art. 67 Exhaustion of Administrative Remedies
1. Damages and Injury to the interest of Art. 68 Aptitude Testing of Employees
the Country Art. 69 Responsibility for Theoretical Instruction Empl- With W/O such
2. Suspension by the Employer or by Art. 71 Deductibility of Training Costs oym commitment to commitment
Court order [R-10%-DLW-MW] ent employ
Must be registered to be entitled to 10% deduction of When Highly Allowed even
direct labor wage, minimum wage paid to apprentice Allow- Technical in non
Art. 72 Without Compensation ed industries as technical
Who are exempted from compensation? approved by industries
If apprenticeship is required for graduation the TESDA
TO DETERMINE EMPLOYMENT RELATIONSHIP: 4 Fold Test, supplemented by the economic dependency test if there is genuine confusion
Therefore, Art. 280 now Art. 292 is NOT THE YARDSTICK to determine whether there is ee-er relationship.
Important only to determine EMPLOYMENT STATUS

REGULAR CASUAL PROJECT SEASONAL FIXED-TERM PROBATIONARY

Elements Usually Necessary and 1. Merely incidental 1. Employed for a specific 1. Nature of the work is 1. Knowingly and 1. term does not exceed 180 days
Desirable to the Business 2. Employment of less project SEASONAL and voluntarily entered into 2. INFORMATION of the standards for
or Activity that 1 year 2. Pre-determination of 2. Employment is only for 2. More or less there is the regulatization at the TIME OF
Otherwise= regular employment period ONE SEASON EQUAL-FOOTING among HIRING
casual Otherwise= regular ee-er and exercises no Genuine information
3. Not a project or seasonal MORAL ASCENDANCY over
seasonal employee the other.
Discussion Test: There must be a INDICATORS NOTICE AND MERCADO RULING Fixed-term employment is GROUNDS 4 TERMINATION
in the reasonable connection 1. The duration of the SEPARATION PAY FOR Farmers were free to work for a VALID arrangement 1.Just Cause
Book between the nature of the specific undertaking PROJECT EMP. other employers during OFF- (Brent vs. Zamora) 2.Authorized Cause
work performed in is determinable Generally NOT required. SEASON; therefore, regular LIMITATION 3.Failure to meet the standards for
relation to the usual 2. Such duration is EXCEPT: seasonal Must not be used in a way regularization
business or trade of the defined at the time of Termination while the REGULAR SEASONAL that CIRCUMVENTS the law o Peculiar ground
employer. hiring specific project is on-going Employed for more than 1 Otherwise = regular
Nomenclature of 3. Connection of the without any just cause season employment REQUIREMENTS FOR TERMINATION
contract is immaterial: work to the business NOT REGULAR [STID]
Even if it states it is for a 4. Freedom to offer REGULAR VS PROJECT But as regular-seasonal, EFFECT OF EXPIRATION 1. In accordance with the SPECIFIC
piece of work, services, services to another Generally, length of service there is a need to RE-HIRE Prima facie presumption requirements under the contract
casual basis, maintenance employer is NOT the yardstick by w.c o Otherwise= illegal that there is a NEW 2. Within the TIME prescribed
and typist-clerk 5. Report to the DOLE regular and project dismissal CONTRACT under same 3. Ground is not ILLUSORY and must
6. Completion bonus employment can be During OFF-SEASON, they are terms and condition as the be based on real and genuine failure
for construction determined considered on leave without first to meet standard
workers EXCEPT: pay o Contrast this with the 4. Not DISCRIMINATORY
(1) continuous re-hiring case in Azucena stating
(2) activity of project SEASONAL VS REGULAR that the employment is EXTENSION
employees is VITAL SEASONAL REGULAR GR: Upon expiration of probation =
and NECESSARY to Regularization
the usual course of Except: LIBERALITY of the EMPLOYER
business o Based on agreement between them
to give the employee the
opportunity to prove himself
Cases