BOOK 2 - HUMAN RESOURCES DEVELOPMENT PROGRAM

• (a) "Manpower" - shall mean that portion of the nation’s population which has actual or potential capability to contribute directly to the production of goods and services.

   
• "Entrepreneurship" - shall mean training for self-employment or assisting individual or small industries within the purview of this Title.
• RA 7796 - TESDA ACT OF 1994
• “Apprenticeship” - training within employment with compulsory related theoretical instructions involving a contract between an apprentice and an employer on an approved apprenticeable occupation
• “Apprentice” - is a person undergoing training for an approved apprenticeable occupation during an established period assured by an apprenticeship agreement
• (l) “Apprenticeship Agreement” - is a contract wherein a prospective employer binds himself to train the apprentice who in turn accepts the terms of training for a recognized apprenticeable occupation emphasizing the rights, duties and responsibilities of each party
• (m) “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite body and approved for apprenticeship by the Authority….

  • Apprenticeship program needs TESDA’s prior approval or else apprentice becomes regular employee if he has rendered work despite non-approval of the apprenticeship agreement.
• LEARNERS - refer to persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable. - - Learnership programs must be approved by

  the TESDA.

  • Learnership programs must be approved by the TESDA.
• The following qualifications are required to be met by apprentices under Article 59 of the Labor Code:

   

  1. Be at least 15 years of age;

  2. Be physically fit for the occupation in which he desires to be trained

  3. Possess the ability to comprehend and follow oral and written instructions (IRR of Labor Code, Book II, Rule VI, Sec. 11)
• RA 7610 - "Special Protection of Children Against Abuse, Exploitation and Discrimination Act"
• RA 9231 - AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7610
• RA 9442 - AN ACT AMENDING REPUBLIC ACT NO. 7277
• RA 7277 (1992) - Magna Carta for Disabled Persons
• 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.
• The wage rate of  a learner or an apprentice is set at 75% of the statutory minimum wage.
• The enterprise is obliged to hire the learner after the lapse of the leanership period.
• The enterprise is given only an “option” to hire the apprentice as an employee
• A participating enterprise is obliged to hire the learner after the lapse of the learners only up to a maximum of 20% of its total regular workforce.
• HANDICAP - Refers to a disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the individual. 
• “disabled persons” - as “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.”

   
• LEARNERSHIP - Involves practical training on the job for a period not exceeding 3 months.
• APPRENTICESHIP - Requires proficiency of more than 3 months but not over 6 months of practical training on the job.
• Chapter I, Title II of R.A. No. 7277 - “[n]o 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.
• Sec. 5 (Equal Opportunity for Employment), Chapter I, Title II of R.A. No. 7277 - 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 shall be reserved for disabled persons.”