BOOK TWO

HUMAN RESOURCES DEVELOPMENT PROGRAM

Title I
NATIONAL MANPOWER DEVELOPMENT PROGRAM
Chapter I
[Arts. 43-56 is now inoperative or substantively modified]
Title II
TRAINING AND EMPLOYMENT OF SPECIAL WORKERS
Chapter I
APPRENTICES
Art. 57. Statement of objectives
1. To help meet the demand of the economy for trained manpower
2. To establish a national apprenticeship program through the participation of employers, workers and
government and non-government agencies; and
3. To establish apprenticeship standards for the protection of apprentices.

Art. 58. Definition of Terms

Apprenticeship
Practical training on the job supplemented by related theoretical instruction
Apprentice
Worker who is covered by a written apprenticeship agreement with an individual
employer or any of the recognized entities
Apprenticeship agreement
It is an employment contract
o The employer binds himself to train the apprentice and
o The apprentice in turn accepts the terms of training.

Art. 59. Qualifications of apprentice

1. At least fourteen (14) years of age
2. Possess vocational aptitude and capacity for appropriate tests; and
3. Possess the ability to comprehend and follow oral and written instructions.

Art. 60. Employment of apprentices.

(a) Employers in the highly technical industries may employ apprentices and
(b) In apprenticeable occupations
Apprenticeable occupation
Any trade, form of employment or occupation which requires more than three (3) months
of practical training on the job supplemented by related theoretical instruction

Art. 61. Contents of apprenticeship agreements.

The period of apprenticeship shall not exceed six months.
Wage rates
o Rates below the minimum wage may be entered into in accordance with the duly
approved apprenticeship programs
o Floor: Cannot be below 75% of the applicable minimum wage
Art. 62. Signing of apprenticeship agreement.
Apprenticeship agreement shall be signed by:
1. Employer (or his agent (b) an authorized representative or of any of the recognized organizations,
associations or groups)
2. Apprentice
*A copy thereof shall be furnished both the employer and the apprentice.
Apprenticeship agreement with a minor
Signed in behalf of the minor by (a) his parent or guardian, if the latter is not available, (b) by an
authorized representative of the Department of Labor
The same shall be binding during its lifetime.
Ratification:
Every apprenticeship agreement entered into shall be ratified by the appropriate apprenticeship
committees, if any
Art. 63. Venue of apprenticeship programs.
Training venues for the apprentice:
1. Apprenticeship conducted entirely by and within the sponsoring firm, establishment or entity;
2. Apprenticeship entirely within a Department of Labor and Employment training center or
other public training institution; or
3. Mixed:
a. Initial training in trade fundamentals in a training center or other institution with
b. Subsequent actual work participation within the sponsoring firm or entity during the
final stage of training.

Art. 64. Sponsoring of apprenticeship program.

Apprenticeship schemes may be undertaken or sponsored by:
1. A single employer or firm or
2. A group or association thereof or by a civic organization.
Actual training of apprentices may be undertaken:
1. In the premises of the sponsoring employer in the case of individual apprenticeship programs;
2. In the premises of one or several designated firms in the case of programs sponsored by a group
or association of employers or by a civic organization; or
3. In a Department of Labor and Employment training center or other public training institution.

Art. 65. Investigation of violation of apprenticeship agreement.

Upon complaint of any interested person or upon its own initiative, the appropriate agency
of the Department of Labor and Employment or its authorized representative shall
investigate any violation of an apprenticeship agreement

Art. 66. Appeal to the Secretary of Labor and Employment.

The decision of the authorized agency of the Department of Labor and Employment may be
appealed by any aggrieved person to the Secretary of Labor and Employment
Period: within five (5) days from receipt of the decision.
The decision of the Secretary of Labor and Employment shall be final and executory.

Art. 67. Exhaustion of administrative remedies.

No person shall institute any action for the enforcement of any apprenticeship agreement or
damages for breach of any such agreement, unless he has exhausted all available administrative
remedies.

Art. 68. Aptitude testing of applicants.

Employers or entities with duly recognized apprenticeship programs shall have primary
responsibility for providing appropriate aptitude tests in the selection of apprentices.
If they do not have adequate facilities for the purpose, the Department of Labor and Employment
shall perform the service free of charge.

Art. 69. Responsibility for theoretical instruction.

Supplementary theoretical instruction to apprentices in cases where the program is undertaken in
the plant may be done by the employer.
If the latter is not prepared to assume the responsibility, the same may be delegated to an
appropriate government agency.

Art. 70. Voluntary organization of apprenticeship programs; exemptions.

General Rule:
The organization of apprenticeship program shall be primarily a voluntary undertaking by
employers;
Exemptions (Apprenticeship Program required):
1. The President of the Philippines may require compulsory training of apprentices in certain
trades, occupations, jobs or employment levels where shortage of trained manpower is
deemed critical
o Grounds: (a) National security or (b) Particular requirements of economic development so
demand
2. Where services of foreign technicians are utilized by private companies in apprenticeable
trades
Art. 71. Deductibility of training costs.

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 shall be granted to
the person or enterprise organizing an apprenticeship program:

Requisites for deductibility:

1. Program is duly recognized by the Department of Labor and Employment:
2. The deduction shall not exceed ten (10%) percent of direct labor wage
3. The person or enterprise who wishes to avail himself or itself of this incentive should pay his
apprentices the minimum wage.

Art. 72. Apprentices without compensation.

Authorized hiring of apprentices without compensation:
1. Training on the job is required by the school or training program curriculum or
2. Training on the job is a requisite for graduation or board examination.

Implementing Rules
Rule VI: Apprenticeship
Definition of Terms (Sec. 2)
Apprenticeship
Any training on the job supplemented by related theoretical instructions involving
apprenticeable occupations and trades
Apprentice
Worker who is covered by a written apprenticeship agreement with an employer
Apprenticeship agreement
A written employment contract
A contract wherein:
(a) The employer binds himself to train the apprentice and
(b) The apprentice in turn agrees to work for the employer
Apprenticeable occupation
Any trade, form of employment or occupation, which requires for proficiency more than three
(3) months of practical training on the job supplemented by related theoretical instructions

Apprenticeship standards
The written implementing plans and conditions of an apprenticeship program.
Employer
The individual firm or any other entity qualified to hire apprentice

On the job training

The practical work experience through actual participation in productive activities given to or
acquired by an apprentice.
Related theoretical instructions
Technical information based on apprenticeship standards approved by the Bureau designed
to provide the apprentice theoretical competence in his trade
Highly Technical Industries
Trade, business, enterprise, industry, or other activity, which is engaged in the application of
advanced technology

Voluntary nature of apprenticeship program (Sec. 3)

The organization of apprenticeship program shall be primarily a voluntary undertaking of
employers, except as otherwise provided

Venue of on-the-job training (Sec. 4)

(a) In the plant, shop or premises of the employer or firm concerned if the apprenticeship program is
organized by an individual employer or firm
(b) In 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 group and the like; and
(c) In a Department of Labor and Employment Training Center or other public training institutions
with which the Bureau has made appropriate arrangements.
On-the-job training to be explicitly described (Sec. 5)
The manner in which practical or on-the-job training shall be provided must be specifically
described in the apprenticeship standards of a particular program
Recognition of apprenticeship programs (Sec. 6)
An employer shall submit in quadruplicate to the Training Section of the appropriate
Apprenticeship Division of the appropriate Regional Office the apprenticeship standards of the
proposed program prepared in accordance with guidelines set by the Bureau
If the apprenticeship standards are found in order, a certificate of recognition shall be issued by
the Apprenticeship Division concerned within five (5) days from receipt thereof

Benefits accruing to recognition (Sec. 7)

1. Entity shall be entitled to technical and other assistance from the Bureau and other government
agencies
2. Training-expense deduction from its income tax

Who may establish programs (Sec. 9)

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

Qualifications of apprentices (Sec. 11)

(a) At least fifteen (15) years of age
Those who are at least fifteen years of age but less than eighteen may be eligible for
apprenticeship only in non-hazardous occupations
(b) 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
* Trade and industry associations may recommend appropriate educational qualifications subject to
approval of the Secretary. When approved, such qualification may be waived by an employer. Waiver
must be reduced in a certification.

Aptitude tests (Sec. 12)

An employer who has a recognized apprenticeship program shall provide aptitude tests to
apprentice-applicants
If the employer does not have adequate facilities, the Department of Labor and Employment may
provide the service free of charge

Physical fitness (Sec. 13)

General Rule: Total physical fitness need not be required of an apprentice-applicant
Exception: It is essential to the expeditious and effective learning of the occupation
* Only physical defects which constitute real impediments to effective performance as determined by
the plant apprenticeship committee may disqualify an applicant

Model standards shall include (Sec. 16):

(a) Those affecting employment of apprentices under different occupational conditions
(b) Those involving theoretical and proficiency tests for apprentices during their training
(c) Areas and duration of work and study covered by on-the-job training and theoretical instructions of
apprenticeable trades and occupations; and
(d) Those referring to the qualifications of trainers of apprentices

Contents of the Apprenticeship Agreement (Sec. 18):

(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

Apprenticeship period (Sec. 19)

Maximum: The period of apprenticeship shall not exceed six (6) months.
(a) Four hundred (400) hours or two (2) months for trades or occupations which normally require a year
or more for proficiency
(b) Two hundred (200) hours or one (1) month for occupations and jobs which require more than three
months but less than one year for proficiency
*At least five (5) working days before the actual date of termination, the party terminating shall
serve a written notice on the other, stating the reason for such decision and a copy of said notice shall
be furnished the Apprenticeship Division concerned

Hours of work (Sec. 20)

Hours of work shall not exceed the maximum number of hours of work prescribed by law, if
any, for a worker of his age and sex.
Time spent in related theoretical instructions shall be considered as hours of work and
shall be reckoned jointly with on-the-job training time in computing in the agreement the
appropriate periods for giving wage increases to the apprentice.
An apprentice not otherwise barred by law from working eight hours a day may be requested by
his employer to work overtime and paid accordingly.
o Allowed only when there are no available regular workers to do the job, and the
overtime work thus rendered is duly credited toward his training time

Previous training or experience (Sec. 21)

Completed or otherwise attended a vocational course in a duly recognized trade or vocational
school or training center or
Who has had previous experience in the trade or occupation in which he desires to be
apprenticed
Such previous training or experience should be given due credit [in terms of hours] (which shall
have the effect of shortening the training and servicing as a basis for promoting him to a higher
wage level)
Parties to agreement (Sec. 22)
Apprenticeship Agreement shall be signed by:
(a) Employer or his duly authorized representative and
(b) Apprentice

Apprenticeship of a minor:

Agreement shall be signed in behalf of the minor by his parent or guardian, or if the latter is not
available, by an authorized representative of the Department of Labor and Employment

Bureau and Apprenticeship Division of Regional Office (Sec. 23)

The employer shall furnish a copy of the apprenticeship agreement to the Bureau and
Apprenticeship Division of Regional Office concerned

Enforcement of agreement (Sec. 24)

No person shall institute any action for the enforcement of any apprenticeship agreement or for
damages for breach thereof, unless he has exhausted all available administrative remedies.

Valid cause to terminate agreement (Sec. 25)

By the Employer:
(a) Habitual absenteeism in on-the-job training and related theoretical instructions
(b) Willful disobedience of company rules or insubordination to lawful order of a superior
(c) Poor physical condition, permanent disability or prolonged illness which incapacitates the
apprentice from working
(d) Theft or malicious destruction of company property and/or equipment
(e) Poor efficiency or performance on the job or in the classroom for a prolonged period despite
warnings duly given to the apprentice; and
(f) Engaging in violence or other forms of gross misconduct inside the employer's premises
By the Apprentice:
(a) Substandard or deleterious working conditions within the employer's premises
(b) Repeated violations by the employer of the terms of the apprenticeship agreement
(c) Cruel or inhuman treatment by the employer or his subordinates
(d) Personal problems which in the opinion of the apprentice shall prevent him from a
satisfactory performance of his job; and
(e) Bad health or continuing illness

Theoretical instructions by employer (Sec. 27)

Related theoretical instructions to apprentices may be undertaken by the employer himself if he
has adequate facilities and qualified instructors for the purpose
Assumption of responsibility indicated in the apprenticeship standard.

Wages (Sec. 29)

First six (6) months: starts at seventy five (75%) per cent of the statutory minimum wage
After six (6) montsh: paid the full minimum wage, including the full cost of living allowance

Apprenticeship without compensation (Sec. 40)

The Secretary of Labor and Employment through the Apprenticeship Division, may authorize the
hiring of apprentices without compensation

Allowed in cases where:

o Training on the job is required by the school curriculum as a prerequisite for graduation or
o Training on the job is required for taking a government board examination

Compulsory apprenticeship (Sec. 41)

(a) 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
Grounds: (a) When grave national emergencies, particularly those involving the security of the
state, arise or (b) particular requirements of economic development so demand
(b) Where services of foreign technicians are utilized by private companies in apprenticeable trades
said companies are required to set up appropriate apprenticeship programs

Chapter II
LEARNERS

Art. 73. Learners defined.

Learners
Persons hired as trainees in semi-skilled and other industrial occupations which are nonapprenticeable 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. 74. When learners may be hired.

Learners may be employed:
(a) When no experienced workers are available,
(b) The employment of learners is necessary to prevent curtailment of employment opportunities,
and
(c) The employment does not create unfair competition in terms of labor costs or impair or lower
working standards

Art. 75. Learnership agreement.

Any employer desiring to employ learners shall enter into a learnership agreement with them
The learnership agreement shall be subject to inspection by the Secretary of Labor and
Employment or his duly authorized representative.
Learnership Agreement shall contain the ff:
1. The names and addresses of the learners;
2. The duration of the learnership period, which shall not exceed three (3) months;

3. The wages or salary rates of the learners which shall begin at not less than seventy-five
percent (75%) of the applicable minimum wage; and
4. A commitment to employ the learners if they so desire, as regular employees upon completion
of the learnership.
Deemed Regular Employees
Learners who are allowed or suffered to work during the first two (2) months and
The training is terminated by the employer before the end of the stipulated period through
no fault of the learners.

Art. 76. Learners in piecework.

Learners employed in piece or incentive-rate jobs during the training period shall be paid in full
for the work done.

Art. 77. Penalty clause.

Any violation of the provisions on Learners or its implementing rules and regulations shall be
subject to the general penalty clause provided for in the Labor Code.

Implementing Rules
Rule VII: Learnership
Definition of terms (Sec. 1)
Learner
A person hired as a trainee in industrial occupations which are non-apprenticeable and which
may be learned through practical training on the job
Period for learnership: not exceeding three (3) months
Whether or not such practical training is supplemented by theoretical instructions
Learnership Agreement
The employment and training contract entered into between the employer and the learner

When learners may be employed (Sec. 2)

(a) No experienced workers are available
(b) The employment of learners being necessary to prevent curtailment of employment opportunities,
and
(c) Such employment will not create unfair competition in terms of labor costs nor impair working
standards

Approval of learnership program (Sec. 3)

Any employer who intends to employ learners shall submit in writing to the Apprenticeship
Division of the Regional Office concerned, copy furnished the Bureau, his learnership program

The Division shall evaluate to determine if the occupation involved is learnable and the program
is sufficient for the purpose of training.
Within five (5) working days from receipt of the program, the Division shall make known its
decision to the employer concerned.
A learnership program shall be subject to periodic inspection by the Secretary of Labor and
Employment or his duly authorized representative

Contents of learnership agreement (Sec. 4)

1. The names and addresses of the employer and the learner
2. The occupation to be learned and the duration of the training period which shall not exceed three (3)
months
3. The wage of learner which shall be at least 75 percent of the applicable minimum wage; and
4. A commitment to employ the learner, if he so desires, as a regular employee upon completion of
training
Deemed Regular Employee
A learner has worked during the first two months
The training is terminated by the employer before the end of the stipulated period
Termination is through no fault of the learner

Parties to learnership agreement (Sec. 5)

Every learnership agreement shall be signed by:
(a) The employer or his duly authorized agent and
(b) The learner.
Learnership agreement with a minor
Signed by the learner with the conformity of his parent or guardian
*The employer shall furnish a copy each of the learnership agreement to the learner, the Bureau, and the
Apprenticeship Division of the appropriate Regional Office within five (5) working days following its
execution by the parties

Employment of minors as learners (Sec. 6)

A minor below fifteen (15) years of age shall not be eligible for employment as a learner.
Those below eighteen (18) years of age may only be employed in non-hazardous occupations

Cancellation of learnership programs (Sec. 7)

The Secretary of Labor and Employment may cancel any learnership program if upon inquiry it is
found that the justification for the program no longer exists.

Chapter III
HANDICAPPED WORKERS
Art. 78. Definition.
Handicapped workers
Those whose earning capacity is impaired by age or physical or mental deficiency or injury.

Art. 79. When employable.

Handicapped workers may be employed:
(a) When their employment is necessary to prevent curtailment of employment opportunities and
(b) When it does not create unfair competition in labor costs or impair or lower working standards.

Art. 80. Employment agreement.

Any employer who employs handicapped workers shall enter into an employment agreement with

them.
The employment agreement shall be subject to inspection by the Secretary of Labor or his duly
authorized representative.

Employment agreement shall include the ff:

1. The names and addresses of the handicapped workers to be employed;
2. The rate to be paid the handicapped workers which shall not be less than seventy five (75%)
percent of the applicable legal minimum wage;
3. The duration of employment period; and
4. The work to be performed by handicapped workers.

Art. 81. Eligibility for apprenticeship.

Handicapped workers may be hired as apprentices or learners
Requirement: if their handicap is not such as to effectively impede the performance of job
operations in the particular occupations for which they are hired.

Implementing Rules
Rule VIII: Handicapped Workers
Definition of terms (Sec. 1)
Handicapped workers
Those whose earning capacity is impaired by age or physical or mental deficiency or injury
Employment agreement
The contract of employment entered into between the employer and the handicapped worker

When handicapped workers may be employed (Sec. 2)

(a) When their employment is necessary to prevent curtailment of employment opportunities and
(b) When it does not create unfair competition in labor costs or impair working standards

Contents of employment agreement (Sec. 3)

1. The names and addresses of the employer and the handicapped worker
2. The rate of pay of the handicapped worker which shall not be less than seventy-five (75%) percent of
the legal minimum wage
3. The nature of work to be performed by the handicapped worker; and
4. The duration of the employment

Copy of agreement to be furnished to Division (Sec. 4)

A copy each of the employment agreement shall be furnished by the employer to the
handicapped worker and the Apprenticeship Division involved.
The Secretary of Labor and Employment or his duly authorized representative may inspect from
time to time the working conditions of handicapped workers to verify compliance by the parties
with their employment agreement

Eligibility for apprenticeship (Sec. 5)

Handicapped workers shall not be precluded from employment as apprentices or learners if their
handicap is not such as to effectively impede the performance of job operations in the
particular trade or occupation which is the subject of the apprenticeship or learnership program

Republic Act 7277, as amended by RA 9442:

Magna Carta for Disabled Persons
Definition of terms (Sec. 3)
Disabled Persons
Those suffering from restriction of different abilities, as a result of a mental, physical or
sensory impairment, to perform an activity in the manner or within the range considered normal
for a human being
Impairment
Any loss, diminution or aberration of psychological, physiological, or anatomical structure of
function
Disability
(a) Physical or mental impairment that substantially limits one or more psychological, physiological or
anatomical function of an individual or activities of such individual;
(b) Record of such an impairment; or
(c) Being regarded as having such an impairment
Handicap
A disadvantage for a given individual resulting from an impairment or a disability, that limits
or prevents the functions or activity, that is considered normal given the age and sex of the
individual
Reasonable Accommodation include

1. Improvement of existing facilities used by employees in order to render these readily accessible
to and usable by disabled persons; and
2. Modification of work schedules, reassignment to a vacant position, acquisition or modification of
equipment or devices, appropriate adjustments or modifications of examinations, training
materials or company policies, rules and regulations, the provisions of auxiliary aids and services,
and other similar accommodations for disabled persons
Marginalized Disabled Persons
Disabled persons who lack access to rehabilitative services and opportunities to be able to
participate fully in socioeconomic activities and who have no means of livelihood or whose
incomes fall below poverty threshold
Qualified Individual with a Disability
An individual with a disability who, with or without reasonable accommodations, can perform the
essential functions of the employment position that such individual holds or desires.
Consideration shall be given to the employers judgment as to what functions of a job are
essential
Evidence of the essential functions of the job: the written description before advertising or
interviewing applicants for the job, this description shall be considered
Equal Opportunity for Employment (Sec. 5)
No disabled persons shall be denied access to opportunities for suitable employment.
A qualified disabled employee shall be subject to the same terms and conditions of
employment and the same compensation, privileges, benefits, fringe benefits, incentives or
allowances as a qualified able-bodied person.
Reserved positions:
o Five percent (5%) of all casual, emergency and contractual positions in the Department
of Social Welfare and Development; Health; Education, Culture and Sports; and other
government agencies, offices or corporations engaged in social development

Sheltered Employment (Sec. 6)

Sheltered employment means the provision of productive work for disabled persons through
workshop providing special facilities, income producing projects or homework schemes with a
view to given them the opportunity to earn a living thus enabling them to acquire a working
capacity required in open industry
If suitable employment for disabled persons cannot be found through open employment, the State
shall endeavor to provide it by means of sheltered employment

Apprenticeship (Sec. 7)
Disabled persons shall be eligible as apprentices or learners
Requirement: their handicap is not much as to effectively impede the performance of job
operations in the particular occupation for which they are hired
Eligibility for employment: That after the lapse of the period of apprenticeship if found
satisfactory in the job performance, they shall be eligible for employment

Incentives for Employer (Sec. 8)

1. Additional deduction, from their gross income, equivalent to 25% of the total amount paid as
salaries and wages to disabled persons
2. Additional deduction from their net taxable income, equivalent to 50% of the direct costs of the
improvements or modifications [to provide reasonable accommodation for disabled persons]

Mobility (Sec. 26)

Disabled persons shall be allowed to drive motor vehicles

Discrimination on Employment (Sec. 32)

No entity, whether public or private, shall discriminate against a qualified disabled person by
reason of disability in regard to job application procedures, the hiring, promotion, or discharge
of employees, employee compensation, job training, and other terms, conditions, and privileges
of employment
Discriminatory Acts:
1. Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects
his work opportunities
2. Using qualification standards, employment tests or other selection criteria that screen out or tend to
screen out a disabled person unless such standards, tests or other selection criteria are shown to be
job-related for the position on question and are consistent with business necessity
3. Utilizing standards, criteria, or methods of administration that:
a. Have the effect of discrimination on the basis of disability; or
b. Perpetuate the discrimination of others who are subject to common administrative control
4. Providing less compensation to a qualified disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the same work is entitled
5. Favoring a non-disabled employee over a qualified disabled employee with respect to promotion,
training opportunities, study and scholarship grants, solely on account of the latters disability
6. Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of
his disability
7. Dismissing or terminating the services of a disabled employee by reason of his disability
UNLESS the employer can prove that he impairs the satisfactory performance of the work involve
to the prejudice of the business entities
8. Failing to select or administer in the effective manner employment tests which accurately reflect the
skills, aptitude or other factor of the disabled applicant or employee that such test purports to
measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee,
if any
9. Excluding disabled persons from membership in labor unions or similar organization

Employment Entrance Examination (Sec. 33)

A disabled person may be subjected to Medical Examination when:
(a) All entering employees are subjected to such an examination regardless of disability
(b) Information obtained during the medical condition or history of the applicant is collected and
maintained on separate forms and in separate medical files and is treated as a confidential medical
record

Exceptions to confidentiality of medical record

supervisors and managers may be informed regarding necessary restrictions on the work or
duties of the employees and necessary accommodations
first aid and safety personnel my be informed, when appropriate, if the disability might require
emergency treatment
government officials investigating compliance with this Act shall be provided relevant information
on request
the results of such examination are used only accordance with this Act

Secretary of Justice (Sec. 44)

Has the duty to investigate alleged violations of this Act
For potential violations, the Secretary of Justice may commence a legal action in any appropriate
court
Authority of the Court (Sec. 45)
The court may grant any equitable relief that such court considers to be appropriate

Penal Clause (Sec. 46)

Violation of the Act:
First violation, a fine of not less than P 50,000.00 but not exceeding P100,000.00 or imprisonment
of not less than six (6) months but not more than two (2) years, or both
Subsequent violation, a fine of not less than P100,000.00 but not exceeding P200,000.00 or
imprisonment for less than two (2) years but not more than six (6) years, or both
Abuse of Privileges:
Imprisonment of not less than six (6) months or a fine of not less P5,000.00 but not more than
P50,000.00, or both
Violator is a juridical entity (corporation):
The officials thereof directly involved shall be liable
Violator is an alien or a foreigner
He shall be deported immediately after service of sentence without further deportation
proceedings