Book 2

• Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor
• The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired
• For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise
• After the issuance of an employment permit, the alien shall not transfer to another job or change his employer without prior approval of the Secretary of Labor
• Any non-resident alien who shall take up employment in violation of the provision of this Title and its implementing rules and regulations shall be punished in accordance with the provisions of Articles 289 and 290 of the Labor Code
• In addition, the alien worker shall be subject to deportation after service of his sentence
• Any employer employing non-resident foreign nationals on the effective date of this Code shall submit a list of such nationals to the Secretary of Labor within thirty (30) days after such date indicating their names, citizenship, foreign and local addresses, nature of employment and status of stay in the country
• The Secretary of Labor shall then determine if they are entitled to an employment permit
• The objective of this Title is to develop human resources, establish training institutions, and formulate such plans and programs as will ensure efficient allocation, development and utilization of the nation's manpower and thereby promote employment and accelerate economic and social growth
• Manpower


  That portion of the nation's population which has actual or potential capability to contribute directly to the production of goods and services
• Entrepreneurship


  Training for self-employment or assisting individual or small industries within the purview of this Title
• Composition of the National Manpower and Youth Council

  • Secretary of Labor as ex-officio chairman
  • Secretary of Education and Culture as ex-officio vice-chairman
  • Secretary of Economic Planning
  • Secretary of Natural Resources
  • Chairman of the Civil Service Commission
  • Secretary of Social Welfare
  • Secretary of Local Government
  • Secretary of Science and Technology
  • Secretary of Trade and Industry
  • Director-General of the Council
• The President shall appoint the following members from the private sector: two (2) representatives of national organizations of employers; two (2) representatives of national workers' organizations; and one representative of national family and youth organizations, each for a term of three (3) years
• The Council shall formulate a long-term national manpower plan for the optimum allocation, development and utilization of manpower for employment, entrepreneurship and economic and social growth
• The Council shall establish a National Manpower Skills Center and regional and local training centers for the purpose of promoting the development of skills
• There shall be national skills standards for industry trades to be established by the Council in consultation with employers' and workers' organizations and appropriate government authorities
• The Council shall provide, through the Secretariat, instructor training, entrepreneurship development, training in vocations, trades and other fields of employment, and assist any employer or organization in training schemes designed to attain its objectives
• The Council shall exercise, through the Secretariat, authority and jurisdiction over, and administer, on-going technical assistance programs and/or grants-in-aid for manpower and youth development including those which may be entered into between the Government of the Philippines and international and foreign organizations and nations, as well as persons and organizations in the Philippines
• All manpower training schemes as provided for in this Code shall be coordinated with the Council, particularly those having to do with the setting of skills standards
• The Council shall establish industry boards to assist in the establishment of manpower development schemes, trades and skills standards and such other functions as will provide direct participation of employers and workers in the fulfillment of the Council's objectives
• The Council shall utilize the employment service of the Department of Labor for the placement of its graduates
• An additional deduction from taxable income of one-half (1/2) of the value of labor training expenses incurred for development programs shall be granted to the person or enterprise concerned provided that such development programs, other than apprenticeship, are approved by the Council and the deduction does not exceed ten percent (10%) of the direct labor wage
• The Council shall have a Secretariat headed by a Director-General who shall be assisted by a Deputy Director-General, both of whom shall be career administrators appointed by the President of the Philippines on recommendation of the Secretary of Labor
• The Secretariat shall have an Office of Manpower Planning and Development, an Office of Vocational Preparation, a National Manpower Skills Center, regional manpower development offices and such other offices as may be necessary
• The Council shall create regional manpower development offices which shall determine the manpower needs of the industry, agriculture and other sectors of the economy within their respective jurisdictions
• The Council is authorized to set aside a portion of its appropriation for the hiring of the services of qualified consultants, and/or private organizations for research work and publication
• The Council shall define its broad functions and issue appropriate rules and regulations necessary to implement the provision of this Code
• This Title aims to help meet the demand of the economy for trained manpower and to establish a national apprenticeship program through the participation of employers and workers
• Council is authorized to set aside a portion of its appropriation for the hiring of the services of qualified consultants, and/or private organizations for research work and publication
• Council shall define its broad functions and issue appropriate rules and regulations necessary to implement the provision of this Code
• Apprenticeship


  Practical training on the job supplemented by related theoretical instruction
• Apprentice


  A worker who is covered by a written apprenticeship agreement with an employer or any of the entities recognized under this Chapter
• 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
• Apprenticeship agreement


  An employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training
• Qualifications of apprentice


  • At least fourteen (14) years of age
  • Possess vocational aptitude and capacity for appropriate tests
  • Possess the ability to comprehend and follow oral and written instructions
• Only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations approved by the Secretary of Labor and Employment
• Contents of apprenticeship agreements

  • Wage rates of apprentices
  • Period of apprenticeship shall not exceed six months
  • 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
• Every apprenticeship agreement shall be signed by the employer or his agent, or by an authorized representative of any of the recognized organizations, associations or groups and by the apprentice
• Venue of apprenticeship programs

  • Apprenticeship conducted entirely by and within the sponsoring firm, establishment or entity
  • Apprenticeship entirely within a Department of Labor and Employment training center or other public training institution
  • Initial training in trade fundamentals in a training center or other institution with subsequent actual work participation within the sponsoring firm or entity during the final stage of training
• Sponsoring of apprenticeship program

  • A single employer or firm
  • A group or association of employers
  • A civic organization