BOOK TWO: HUMAN RESOURCES DEVELOPMENT

TITLE I: MANPOWER DEVELOPMENT PROGRAM

Art 57-81
Technical Education and Skills Development of Filipino Middle-level Manpower
a.
Manpower Development
1.) Definition Article 44 (a)

Art. 44. Definitions. As used in this Title:

a. "Manpower" shall mean that portion of the nations population which has actual or potential
capability to contribute directly to the production of goods and services.

RA 7796 Sec 4 b c e
2.) General Policy RA 7796, Sec 2
3.) Specific Goals and Objectives RA 7796, Sec 3
b.
Training and Employment of Special Workers Apprentices and Learners
1.) Policy Objectives 57

Art. 57. Statement of objectives. This Title aims:

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 .

2.) Definition : RA 7796 Sec 4 j k l m n

Apprentice:

Art. 58. Definition of Terms. As used in this Title:

a. "Apprenticeship" means practical training on the job supplemented by related theoretical
instruction.
b. An "apprentice" is a worker who is covered by a written apprenticeship agreement with an
individual employer or any of the entities recognized under this Chapter.

RA 7796 Sec 4 k
Learner:

Art. 73. Learners defined. 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.

RA 7796 Sec 4 n
3.) Allowed Employment and When 60, 74

Art. 60. Employment of apprentices. Only employers in 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, Executive Order No. 111, December 24, 1986)
Art. 74. When learners may be hired. Learners may be employed when no experienced
workers are available, the employment of learners is necessary to prevent curtailment of
employment opportunities, and the employment does not create unfair competition in terms of labor
costs or impair or lower working standards.

RA 7796 Sec 4 m
4.) Conditions of Employment 61, 281, 75, 76, 72

Art. 61. Contents of apprenticeship agreements. Apprenticeship agreements, including the

wage rates of apprentices, shall conform to the rules issued by the Secretary of Labor and
Employment. The period of apprenticeship shall not exceed six months. Apprenticeship
agreements providing for wage rates below the legal minimum wage, which in no case shall start
below 75 percent of the applicable minimum wage, may be entered into only in accordance with
apprenticeship programs duly approved by the Secretary of Labor and Employment. The Department
shall develop standard model programs of apprenticeship. (As amended by Section 1, Executive Order
No. 111, December 24, 1986)
Art. 281. Probationary employment. Probationary employment shall not exceed six (6)
months from the date the employee started working, unless it is covered by an apprenticeship
agreement stipulating a longer period. The services of an employee who has been engaged on a

probationary basis may be terminated for a just cause or when he fails to qualify as a regular
employee in accordance with reasonable standards made known by the employer to the employee at
the time of his engagement. An employee who is allowed to work after a probationary period shall be
considered a regular employee.
Art. 75. Learnership agreement. Any employer desiring to employ learners shall enter into a
learnership agreement with them, which agreement shall include:
a. The names and addresses of the learners;
b. The duration of the learnership period, which shall not exceed three (3) months;
c. 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
d. A commitment to employ the learners if they so desire, as regular employees upon
completion of the learnership. All learners who have been allowed or suffered to work during the first
two (2) months shall be deemed regular employees if training is terminated by the employer before
the end of the stipulated period through no fault of the learners.
The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or
his duly authorized representative.
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. 72. Apprentices without compensation. The Secretary of Labor and Employment may
authorize the hiring of apprentices without compensation whose training on the job is required by
the school or training program curriculum or as requisite for graduation or board examination.

Wage Order No. NCR-14

5.) Enforcement 65, 66, 67

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 pursuant to such rules and regulations as may be prescribed by the Secretary of Labor and
Employment.
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 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.

c.

Disabled Persons (Handicapped Workers) 78-81

Art. 78. Definition. Handicapped workers are those whose earning capacity is impaired by age
or physical or mental deficiency or injury.
Art. 79. When employable. Handicapped workers may be employed when their employment is
necessary to prevent curtailment of employment opportunities and 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, which agreement shall include:
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. The employment agreement shall be subject
to inspection by the Secretary of Labor or his duly authorized representative.
Art. 81. Eligibility for apprenticeship. Subject to the appropriate provisions of this Code,
handicapped workers may be hired as apprentices or learners if their handicap is not such as to
effectively impede the performance of job operations in the particular occupations for which
they are hired.

Magna Carta for Disabled Persons (RA 7277)

1.) Definition RA 7277 Sec 4 a b c d

2.) Policy Declaration - RA 7277 Sec 2
3.) Coverage - RA 7277 Sec 3
4.) Rights and Privileges 81
RA 7277 Sec 4 I 5, 6, 7
Bernardo v. NLRC
43 deaf mute employees were dismissed by Far East Bank after their contracts with the bank as money
counters were terminated. The employees filed for illegal dismissal. The Bank claimed that they 1.
hired them only as an answer to the Governments pakiusap 2. that it was already their tellers job to
count the money 3. the workers were told from the start that they will not be regularized. LA and NLRC
dismissed the complaint for lack of merit
The court granted the petition because they noted that RA 7277 was controlling and not Art 80 as used
by the LA and NLRC the workers being considered as QULAIFIED for their jobs. The court held that the
an employee is considered regular because of the nature of the work & the length of the service, not
because of the mode or reasoning for hiring them.
The Petitioners contracts (except for 17 of them) were regularly renewed and since they have already
completed the 6 moth probationary period, they are entitled to separation pay (cannot reinstate
because there is no more job title of money counters.)

5.) Discrimination Sec 32, 33 (see pg 8 of RA)

6.) Enforcement Sec 44-46 (see pg 13 of RA)

CHAPTER 1: NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLEMENTATION

Articles 43 56; pertaining to National Manpower and Youth Council has been replaced and absorbed by the TESDA (Technical
Education and Skills Development Authority) created under RA7796 which was approved on August 25, 2994.
- replaced the National Manpower & Youth Council under RA 7796
Statement of Goals & Objectives
1. To attain international competitiveness;
2. To meet demands for quality middle-level manpower;
3. To disseminate scientific & technical knowledge base;
4. To recognize & encourage the complementary roles of pub & private institutions; and
5. To inculcate desirable values.
Middle-level Manpower
1. Those who have acquired practical skills & knowledge through formal or non-formal
educ & training equivalent to at least a secondary educ but preferably a postsecondary educ w/ a corresponding degree/diploma; or
2. Skilled workers who have become highly competent in their trade or craft as attested
by industry.
Declaration of Policy: It is the declared policy of the State to provide relevant, accessible, high quality and efficient technical
education and skills development in support of the development of high quality Filipino middle-level manpower responsive to and
in accordance with Philippine development goals and priorities.
Private Sector Participation The State shall encourage the active participation of various concerned sectors, particularly private
enterprises, being direct participants in and immediate beneficiaries of a trained and skilled workforce, in providing technical
education and skills development opportunities.
TITLE II TRAINING AND EMPLOYMENT OF SPECIAL WORKERS

TYPES
1.
2.
3.

OF SPECIAL WORKERS
Apprentice
Learner
Handicapped

Chapter 1: 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; and
3. To establish apprenticeship standards for the protection of apprentices.
Art. 58 Definition of Terms
As used in this Title:
a.) Apprenticeship means any practical training on the job supplemented by related theoretical instruction;
b.) An Apprentice is a worker who is covered by a written apprenticeship agreement with an individual employer or any entities
recognized under this Chapter;
c.) An Apprenticeable Occupation means 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; (see R.A. 7796)
d.) Apprenticeship Agreement is an employment contract wherein the employer binds himself to train the apprentice and the
apprentice in turn accepts the terms of training.
On-the-job training practical work experience through actual participation in productive
activities given to or acquired by an apprentice
Highly technical industries a trade, business, enterprise, industry or other activity, w/c is
engaged in the application of advanced technology

Art. 59 Qualifications of an Apprentice

To qualify as an apprentice, a person shall:
(a) Be at least fourteen (14) years of age; (but under the IRR, its 15 years)
(b) Possess vocational aptitude and capacity for appropriate tests; and
(c) Possess the ability to comprehend and follow oral and written instructions.
Trade and industry associations may recommend to the Secretary of Labor appropriate educational requirements for different
occupations.
1. At least 15 y/o, provided that if below 18 y/o, he shall not be eligible for hazardous
occupation;
2. Physically fit for the occupation in w/c he desires to be trained;
3. Possess vocational aptitude and capacity for the particular occupation as established
through appropriate tests; and
4. Possess the ability to comprehend and follow oral & written instructions.
Note: Total physical fitness is not required of the apprentice-applicant unless it is
essential to the expeditious and effective learning of the occupation. Only physical
defects w/c constitute real impediments to effective perf as determined by the plant
apprenticeship committee may dispqualify an applicant

Art. 60 Employment of Apprentices

Apprenticeship is the arrangement and the period when an upcoming worker undergoes hands-on training, more or less
formal, to learn the ropes of a skilled job. It is usually the point of entry to the world of work.
Department Order no. 8; March 9, 1989 DOLE Policy on Apprenticeship; by virtue of which, the DOLE is required to
undertake the review of trades, occupation, and jobs in all sectors of the economy to determine the apprenticeability, after which
it shall submit a list of apprenticeable occupations.
The apprenticeable age under this Article is 14, but under the IRR, its 15, now under R.A. 7610 there is an explicit prohibition
on employment of children below 15 years of age, although the said law recognizes certain exceptions, an apprenticeship is not
included in the enumeration.
Qualifications to be met by EER:
1. Only EERS in highly technical industries may employ apprentices; and
2. Only in apprenticeable occupations as determined by the TESDA.
Requisites for a Valid apprenticeship
1. Qualifications of apprentice are met;
2. Apprentice earns not less than 75% of the prescribed minimum salary;
3. Apprenticeship agreemt duly executed & signed;
4. Apprenticeship program must be approved by the TESDA; otherwise the apprentice
shall be deemed a regular EE;
5. Period of apprenticeship shall not exceed 6 months
Note: at the termination of the apprenticeship, the EER is not required to continue the
EENT
There is no valid apprenticeship if:
1. The agreemt submitted to the TESDA was made long after the workers started
undergoing apprenticeship;
2. The work performed by the apprenticeship was different from those allegedly
approved by TESDA;
3. The workers undergoing apprenticeship are already skilled workers;
4. The workers were required to continue undergoing apprenticeship beyond 6mos.
Art. 61 Contents of Apprenticeship Agreements
Apprenticeship need DOLEs prior approval, or Apprentice becomes regular employee
- Nitto Enterprises v. NLRC and R. Capili (G.R. no. 114337) September 29, 1995
- It is mandated that apprenticeship agreements entered into by an employer and an apprentice shall be entered only in
accordance with the apprenticeship program duly approved by the Minister of Labor and Employment; hence, since the
apprenticeship agreement between petitioner and private respondent has no force and effect in the absence of a valid
apprenticeship program duly approved by the DOLE, private respondents assertion that he was hired not as an apprentice but
as a delivery boy deserves credence.
1. Full name & address of the contracting parties;
2. Date of birth of the apprentice;
3. Name of trade, occupation or job in w/c the apprentice shall be trained and the dates
on w/c such training will begin and will proximately end;
4. Approp number of hrs of OJT w/ compulsory theoretical instruction w/c the apprentice
shall undergo during his training;
5. Schedule of the work processes of the trade/occupation in w/c the apprentice shall be
trained and the approx. time to be spent on the job in each process;

6. Graduated scale of wages to be paid to the apprentice;

7. Probationary pd of the apprentice during wc either party ay summarily terminate
their agreemt; and
8. A clause that if the EER is unable to fulfill his training oblig, he may transfer the
agreemt, w/ the consent of the apprentice to any other EER who is willing to assume
such oblig.
Working Hrs shall not exceed the max number of hrs prescribed by law, if any, for a worker
of his age and sex. Time spent in compulsorily theoretical instruction shall be considered
hrs of work. An apprentice not otherwise barred by law from working 8hrs may be
requisted by his EER to work overtime and paid accordingly.
Art. 62 Signing of Apprenticeship Agreement
Who signs:
1. The apprentice, if of age, otherwise, by his parent or guardian, or in the latters
absence, by an authorized rep of TESDA; and
2. EER or his duly authorized rep
Art. 63 Venue of Apprenticeship Programs
1. the sponsoring firm, establishment or entity; or
2. Within a DOLE training center or other public training institutions; or
3. Initial training in trade fundamentals in a training center or other institutions w/
subsequent actual work participation w/in the sponsoring firm or entity during the
final stage of training.
Art .64 - Sponsoring of Apprenticeship Program
1. The plant, shop or premises of the EER or firm concerned if the apprenticeship
program is organized by an indiv EER 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 assoc of EERS, civic group and the like; and
3. DOLE Training Center or other public training institutions w/ w/c the TESDA has made
approp arrangements.
Art. 65 -Investigation of Violation of Apprenticeship Agreement
1. Either party to an agreemt may terminate the same after the probationary pd only for
a valid cause.
2. Action may be initiated upon complaint of any interested person or upon DOLEs own
initiative.

Valid Cause to terminate agreement

1. By the EER:
a. Habitual absenteeism in OJT 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 w/c
incapacitates the apprentice from working;
d. Theft or malicious destruction of company property and/or equipment
e. Poor efficiency or perf on the job or in the classroom for a prolonged period
despite warnings duly given to the apprentice; and

f.
2. By the
a.
b.
c.
d.
e.

Engaging in violence or other forms of gross misconduct inside the EERs

premises
apprentice:
Substandard or deleterious working conditions w/in the EERs premises;
Repeated violations by the EER of the terms of the apprenticeship agreemt;
Cruel or inhumane treatment by the EER or his subordinates;
Personal problem s/c in the opinion of the apprentice shall prevent him from a
satisfactory perf of his job; and
Bad health or continuing illness.

Art. 66 - Appeal to the Secretary of Labor

The decision of an authorized agency of the DOLE may be appealed to the Sec of
Labor w/in 5 days form rcpt of the adverse decision.
The decision of the Sec of Labor shall be final & executor
Art. 67 - Exhaustion of Administrative Remedies
1. The exhaustion of administrative remedies is a condition precedent to the institution
of action.
2. The plant apprenticeship committee shall have initial responsibility for settling
differences arising out of apprenticeship agreements.
Art. 68 - Aptitude Testing of Applicants
Art. 69 - Responsibility for Theoretical Instruction
Art. 70 - Voluntary Organization of Apprenticeship Programs, Exceptions
Art. 71 - Deductibility of Training Costs
Art. 72 - Apprentices without Compensation
Implementing Rules (Section X, Rule 14) provide, in relation to Art. 72: There is no employer-employee relationship between
students on one hand and schools, colleges or universities, on the other, where there is a written agreement between them
under which the former agree to work for the latter in exchange for the privilege to study free of charge, provided the students are
given real opportunities, including such facilities as may be reasonable and necessary to finish their chosen courses under such
agreement.
- Filamer Christian Institue v. Hon. Intermediate Appellate Court, et a, (G.R. no. 75112) August 17, 1992
- Section 14, Rule X, Book III of the IRR of the Labor Code was promulgated by the Secretary of Labor and Employment only for
the purpose of administering and enforcing the provisions of the Labor Code on conditions of employment. Particularly, Rule X of
Book III provides guidelines on the matter by which the powers of the Labor Secretary shall be exercised; on what records
should be kept or maintained, etc Rule X is merely a guide to the enforcement of the substantive law on
labor. The case does not deal with a labor dispute on conditions of employment between an alleged employer and employee
reliance of petitioner on the IRR is misplaced. An IRR on labor cannot be used by an employer as a shield to avoid liability under
the substantive provisions of the Civil Code.
ANTONIO M. SERRANO VS. GALLANT MARITIME SERVICES, INC.
FACTS: Petitioner Antonio Serrano was hired by respondents Gallant Maritime Services, Inc.
and Marlow Navigation Co., Inc., under a POEA-approved contract of employment for 12
months, as Chief Officer, with the basic monthly salary of US$1,400, plus $700/month
overtime pay, and 7 days paid vacation leave per month. On the date of his departure,
Serrano was constrained to accept a downgraded employment contract upon the assurance
and representation of respondents that he would be Chief Officer by the end of April

1998.Respondents did not deliver on their promise to make Serrano Chief Officer.
Hence, Serrano refused to stay on as second Officer and was repatriated to the Philippines,
serving only two months and 7 days, leaving an unexpired portion of nine months and
twenty-three days. Upon complaint filed by Serrano before the Labor Arbiter (LA), the
dismissal was declared illegal. On appeal, the NLRC modified the LA decision based on the
provision of RA 8042. Serrano filed a Motion for Partial Reconsideration, but this time he
questioned the constitutionality of the last clause in the 5th paragraph of Section 10 of RA
8042.
ISSUES:
1. Whether or not the subject clause violates Section 10, Article III of the Constitution on
non-impairment of contracts; 2. Whether or not the subject clause violate Section 1, Article
III of the Constitution, and Section 18, Article II and Section 3, Article XIII on labor as a
protected sector.
HELD: 1.The answer is in the negative. Petitioners claim that the subject clause unduly
interferes with the stipulations in his contract on the term of his employment and the fixed
salary package he will receive is not tenable. The subject clause may not be declared
unconstitutional on the ground that it impinges on the impairment clause, for the law was
enacted in the exercise of the police power of the State to regulate a business, profession or
calling, particularly the recruitment and deployment of OFWs, with the noble end in view of
ensuring respect for the dignity and well-being of OFWs wherever they may be employed.
2. The answer is in the affirmative. To Filipino workers, the rights guaranteed under the
foregoing constitutional provisions translate to economic security and parity. Upon cursory
reading, the subject clause appears facially neutral, for it applies to all OFWs. However, a
closer examination reveals that the subject clause has a discriminatory intent against, and
an invidious impact on, OFWs at two levels: First, OFWs with employment contracts of less
than one year vis--vis OFWs with employment contracts of one year or more; Second,
among OFWs with employment contracts of more than one year; and Third, OFWs vis--vis
local workers with fixed-period employment; The subject clause singles out one classification
of OFWs and burdens it with a peculiar disadvantage. Thus, the subject clause in the 5th
paragraph of Section 10 of R.A. No. 8042 is violative of the right of petitioner and other
OFWs to equal protection. The subject clause or for three months for every year of the
unexpired term, whichever is less in the 5th paragraph of Section 10 of Republic Act No.
8042 is DECLARED UNCONSTITUTIONAL.
People of the Philippines (petitioner) v Jamilosa (repondent)
GR No. 169076 January 23, 2007
Callejo, Sr.,:
Jamilosa, under the guise of an FBI agent of the US on a mission recruited a number of people whom
he met on the bus, in malls etc. by saying that his sister is the head nurse in a nursing home in

California and that he has connections in the US embassy being an FBI agent. The complainants gave
him the money (and on a few instances jewelry and 2 bottles of black label) for processing of their
application. He even insisted to meet a few of the complainants family and showed to them the Xerox
of the passport as well as the ticket. The appellant never issued receipts. They were never able to fly
out of the country and upon asking the money from the petitioner, he avoided them. Bamba, one of
the complainants filed an illegal recruitment case against him.
Jamilosa claims that Bamba is an aggrieved lover who is imputing the case against him because of
their separation. Also, he showed certifications signed by complainants stating that Jamilosa is not an
illegal Recruiter.
COURT: Petition has no merit. It is sufficient that the accused promises or offers for a fee employment
to warrant conviction for illegal recruitment. The certifications were signed after the notice that he was
being sued was issued because he did not present them in his counter affidavit. (graduate of UE dapat
mas matalino). Appeal is dismissed.

ISSUE: Illegal Recruitment in a large scale?

HELD: Recruitment and placement" refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers, and includes referrals, contract services,
promising or advertising for employment, locally or abroad, whether for profit or not.
Provided, That any person or entity which, in any manner, offers or promises for a fee
employment to two or more persons shall be deemed engaged in recruitment and
placement.
Illegal recruitment shall mean any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers and includes referring, contract services,
promising or advertising for employment abroad, whether for profit or not, when undertaken
by a non-licensee or non-holder of authority. Provided, That any such non-licensee or nonholder who, in any manner, offers or promises for a fee employment abroad to two or more
persons shall be deemed so engaged.
To prove illegal recruitment in large scale, the prosecution is burdened to prove three
(3) essential elements, to wit: (1) the person charged undertook a recruitment activity under
Article 13(b) or any prohibited practice under Article 34 of the Labor Code; (2) accused did
not have the license or the authority to lawfully engage in the recruitment and placement of
workers; and (3) accused committed the same against three or more persons individually or
as a group. As gleaned from the collective testimonies of the complaining witnesses which
the trial court and the appellate court found to be credible and deserving of full probative
weight, the prosecution mustered the requisite quantum of evidence to prove the guilt of
accused beyond reasonable doubt for the crime charged. Indeed, the findings of the trial
court, affirmed on appeal by the CA, are conclusive on this Court absent evidence that the
tribunals ignored, misunderstood, or misapplied substantial fact or other circumstance.
The failure of the prosecution to adduce in evidence any receipt or document signed
by appellant where he acknowledged to have received money and liquor does not free him
from criminal liability. Even in the absence of money or other valuables given as
consideration for the "services" of appellant, the latter is considered as being engaged in
recruitment activities.
It can be gleaned from the
language of Article 13(b) of the Labor Code that the act of recruitment may be for profit or
not. It is sufficient that the accused promises or offers for a fee employment to warrant
conviction for illegal recruit
Chapter II LEARNERS

Art. 73 Definition
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. 74 When Learners may be hired
Learners may be hired when:
a.) no experienced workers are available,
b.) the employment of learners is necessary to prevent curtailment of 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
agreement shall include:
a.) the names and addresses of the learners;
b.) the duration of the learnership period, which shall not exceed three (3) months;
c.) the wages or salary rates of the learners which shall begin at not less than seventy-five (75%) percent of the applicable legal
minimum wage; and
d.) a commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. All learners
who have been allowed or suffered to work during the first two (2) months shall be deemed regular employees if training is
terminated by the employer before the end of the stipulated period through no fault of the learner.
The learnership agreement shall be subject to inspection by the Secretary of Labor, or his duly authorized representatives.
Art. 76 Learners in Piecework
Learners employed in piecework or incentive-rate jobs during the training period shall be paid in full for the work done.
Art. 77 Penalty Clause
Any violation of this Chapter or its IRRs shall be subject to the general penalty clause provided for in this Code.
Learnership v. Apprenticeship:
BOTH: Training periods for jobs requiring skills that can be acquired through actual work experience; both learner and apprentice
may be paid wages twenty-five (25%) percent lower than the applicable legal minimum wage
Learnership
Apprenticeship
- training in semi-skilled job; industrial occupations that require training for less than 3 months
- job is non-apprenticeable because its practical skills can be learned in 3 (not 6) months
- commitment to hire a learner after the period
- no need for prior approval from DOLE in terms of hiring
- training in highly-skilled job; job found in highly-technical industry; training period exceeds 3 months
- minimum period is 6 months
- no commitment to hire an apprentice even after completion of period
- prior DOLE approval required for hiring apprentices
Learner is not an apprentice, but an apprentice is considered a learner.
Chapter III HANDICAPPED WORKERS
Art. 78 Definition
Handicapped workers are those whose earning capacity is impaired by age, or physical or mental deficiency or injury.
Art. 79 When Employable

Handicapped workers may be employed when:

a.) their employment is necessary to prevent curtailment of employment opportunities; and
b.) 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, which agreement shall
include:
a.) the names and addresses of the handicapped workers to be employed;
b.) the rate to be paid the handicapped workers to be employed which shall be not less than seventy-five (75%) percent of the
applicable legal minimum wage;
c.) the duration of the employment period; and
d.) the work to be performed by the handicapped workers.
The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representatives.
Art. 81 Eligibility for Apprenticeship
Subject to the appropriate provisions of this Code, handicapped workers may be hired as apprentices or learners if their
handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are
hired.
The MAGNA CART FOR DISABLED PERSONS- Republic Act no. 7277, March 24, 1992 insures equal opportunities for
disabled persons and prohibits discrimination against them