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Note: DOLE D.O. No. 52-03 3 Venues for actual training of apprentices
contains the list of Apprenticeable Trades as approved by the (Section 64, Labor Code)
Secretary of Labor and Employment 1. In the premises of the sponsoring employer in the case
of individual apprenticeship programs;
What are the RULES pertaining to the Contents of an 2. In the premises of one or several designated firms in
apprenticeship agreement? the case of programs sponsored by a group or
1. shall conform to the rules issued by the Secretary of association of employers or by a civic organization; or
Labor and Employment 3. In a Department of Labor and Employment training
a. including the wage rates of apprentices center or other public training institution.
2. period of apprenticeship shall not exceed six months
3. Anent Apprenticeship agreements providing for wage Who conducts investigation for violation of the Apprenticeship
rates below the legal minimum wage: agreement? (Art 65, Labor Code )
a. They shall in no case start below 75 percent of 1. the appropriate agency of the Department of Labor
the applicable minimum wage and Employment
b. may be entered into only in accordance with 2. OR its authorized representative
apprenticeship programs duly approved by
the Secretary of Labor and Employment. How to file an Appeal? (Art 66, Labor Code)
4. DOLE shall develop standard model programs of File to the Secretary of Labor and Employment
apprenticeship. within five (5) days from receipt of the decision.
Note: The decision of the Secretary of Labor and Employment
An Apprenticeship agreement must be signed by? shall be final and executory.
(Section 62, Labor Code)
1. The employer Exhaustion of Administrative Remedies (Art 67, Labor Code)
a. or his agent, No person shall institute any action for the enforcement of any
b. or by an authorized representative of any of apprenticeship agreement or damages for breach of any such
the recognized organizations, associations or agreement, unless he has exhausted all available administrative
groups remedies.
2. and by the apprentice.
Who Conducts the Aptitude testing of applicants?
IF apprenticeship agreement with a minor (Art 68, Labor Code)
a. signed in his behalf by his parent or guardian 1. employers or entities with duly recognized
IF NOT AVAILABLE apprenticeship programs shall have primary
b. by an authorized representative of the responsibility for providing appropriate aptitude tests
Department of Labor in the selection of apprentices.
Note:
2. If they do not have adequate facilities for the purpose, petitioner and private respondent has no force and
the Department of Labor and Employment shall effect in the absence of a valid apprenticeship program
perform the service free of charge. duly approved by the DOLE, private respondent’s
assertion that he was hired not as an apprentice but as
Who Conducts the Theoretical Instructions? a delivery boy (“kargador” or “pahinante”) deserves
(Art 69, Labor Code) credence. He should rightly be considered as a regular
1. by the employer. employee.
2. If the latter is not prepared to assume the
responsibility, the same may be delegated to an Who is a Regular Employee (Art 280 of LC)
appropriate government agency. the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of
General Rule: The organization of apprenticeship program shall the employer
be primarily a voluntary undertaking by employers;
Exemptions: In Century Canning Corp v CA
1. When national security or particular requirements of Whether or not one can be an apprentice if employed
economic development so demand after filing but BEFORE approval of apprenticeship
a. the President of the Philippines may require agreement by TESDA
compulsory training of apprentices in certain Gloria Palad was hired as fish cleaner by Century
trades, occupations, jobs or employment Canning; the Apprenticeship agreement was executed
levels where shortage of trained manpower is on July 17 1997, filed in DOLE on July 25, 1997 and was
deemed critical as determined by the approved on Sept 26, 1997. Gloria was dismissed from
Secretary of Labor and Employment. work because of her alleged inadequate performance.
CA claims that there is no valid apprenticeship
Private companies employing foreign technicians are required agreement since she worked 2 months before the
to set up appropriate apprenticeship programs approval of the agreement.
Where services of foreign technicians are utilized by private HELD: Clearly, the apprenticeship agreement was
companies in apprenticeable trades, said companies are enforced even before the TESDA approved petitioner’s
required to set up appropriate apprenticeship programs. apprenticeship program. Thus, the apprenticeship
agreement is void because it lacked prior approval
Requisites for Deduction on Taxable income (Art 71, LC) from the TESDA. Hence, Palad is a regular employee.
Rule: (1/2) of the value of labor training expenses incurred for Why the need for prior approval of apprenticeship
developing the productivity and efficiency of apprentices shall agreement? Prior approval from the TESDA is
be deducted from the taxable income of the person or enterprise necessary to ensure that only employers in the highly
organizing an apprenticeship program; PROVIDED: technical industries may employ apprentices and only
1. That such program is duly recognized by the in apprenticeable occupations
Department of Labor and Employment Why is it limited to Apprenticeable occupations? to
2. That such deduction shall not exceed ten (10%) percent ensure the protection of apprentices and to obviate
of direct labor wage possible abuses by prospective employers who may
3. That the person or enterprise who wishes to avail want to take advantage of the lower wage rates for
himself or itself of this incentive should pay his apprentices and circumvent the right of the employees
apprentices the minimum wage. to be secure in their employment.