HUMAN RESOURCES AND MANAGEMENT

TESDA

The Technical Education and Skills Development Authority (TESDA) was established through the enactment of Republic Act No. 7796 otherwise known as the "Technical Education and Skills Development Act of 1994", which was signed into law by President Fidel V. Ramos on August 25, 1994. This Act aims to encourage the full participation of and mobilize the industry, labor, local government units and technical-vocational institutions in the skills development of the country's human resources.

TESDA

SEC. 5. Technical Education and Skills Development Authority; Creation. – To implement the policy declared in this Act, there is hereby created a Technical Education and Skills Development Authority (TESDA), hereinafter referred to as the Authority, which shall replace and absorb the National Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technical-vocational education in the regional offices of the Department of Education, Culture and Sports (DECS) and the apprenticeship program of the Bureau of Local Employment of the Department of Labor and Employment.

TESDA

SEC. 3. Statement of Goals and Objectives. – It is the goal and objective of this Act to:

1. Promote and strengthen the quality of technical education and skills development programs to attain international competitiveness;
2. Focus technical education and skills development on meeting the changing demands for quality middle-level manpower;

SEC. 4 (e)

“Middle-Level Manpower” refers to those

1. who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at least a secondary education but preferably a post-secondary education with a corresponding degree or diploma; or
2. skilled workers who have become highly competent in their trade or craft as attested by industry;

TESDA

c) Encourage critical and creative thinking by disseminating the scientific and technical knowledge base of middle-level manpower development programs;

d) Recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems; and

e) Inculcate desirably values through the development of moral character with emphasis on work ethic, self-discipline, self-reliance and nationalism.

APPRENTICES AND LEARNERS

Who is an apprentice?

• Any worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under the LC

What is apprenticeship?

• It is practical training on the job supplemented by related theoretical instruction.

What is an apprenticeable occupation?

That which requires more than 3 months of practical training with theoretical instruction

What is on the job training (OJT)?

• It is practical work experience through actual participation in productive activities given to or acquired by an apprentice.

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What are highly technical industries?

Those which are engaged in the application of advanced technology.

What are related theoretical instructions?

Technical information based on apprenticeship standards approved by the Bureau.

Note: Prior approval by TESDA (formerly DOLE) of the proposed apprenticeship program is a condition sine qua non. Otherwise, apprentice becomes a regular Ee. (Nitto Enterprises v. NLRC, G.R. No. 114337, Sep. 29, 1995)

What are the qualifications of an apprentice?

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1. At least 15 years of age Note: Those below 18 years of age shall not

work in hazardous occupations

2. Physically fit for the occupation

3. Possess vocational aptitude and capacity

4. Possess:

a. The ability to comprehend, and

b. Follow oral and written instructions

5. The company must have an apprenticeship program duly approved by

the DOLE.

When is an occupation deemed hazardous?

1. Nature of work exposes worker to dangerous environmental elemental

contaminants or work conditions

2. Workers are engaged in construction work, logging, firefighting, mining,

quarrying, blasting, stevedoring, deep‐sea fishing, and mechanized farming

3. Workers are engaged in the manufacture or handling of explosives and other pyrotechnic products

4. Workers use, or are exposed to heavy or power‐driven machinery or equipment

Who may employ apprentices?

What is the employment status of apprentices?

They are contractual workers whose length of service depends on the term provided for in the apprenticeship agreement. Thus, the employer is not obliged to employ the apprentice after the completion of his training.

What isthe period of apprenticeship?

Must not exceed 6 months:

1. 2 months/400 hours: Trades or occupations which normally require 1 year or more for proficiency

2. 1 month/200 hours: Occupations and jobs which require more than 3 months but less than 1 year for proficiency. (Sec. 19, Rule VI, Book II, IRR)

What is the status of an apprentice hired after�such term?

• He is deemed a regular Ee. He cannot be hired as a probationary Ee since the apprenticeship is deemed the probationary period

What is the wage rate of an apprentice?

Start at not less than 75% of the statutory minimum wage for the 1st 6 months (except OJT); thereafter, shall be paid in full minimum wage, including the full COLA.

What are the rules regarding apprenticeship�agreements?

Apprenticeship agreements, including the wage rates of apprentices, shall:

1. Conform to the rules issued by SLE.

2. The period of apprenticeship shall not exceed 6 months.

3. Apprenticeship agreements providing for wage rates below the legal minimum wage, which in no case shall start below 75% of the applicable min. wage, may be entered into only in accordance with apprenticeship programs duly approved by the SLE.

4. The DOLE shall develop standard model programs of apprenticeship. (Sec. 18, Rule VI, Book II, IRR)

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Who signs the apprenticeship agreement?

Every apprenticeship agreement shall be signed

by:

1. The employer or his agent, or

2. An authorized representative of any of the recognized organizations, associations or groups, and

3. The apprentice

Who will sign if the apprentice is a minor?

An apprenticeship agreement with a minor shall be signed in his behalf by:

1. His parent or guardian, or if the latter is not available,

2. An authorized representative of the DOLE.

May apprentices be hired without�compensation?

Required:

1. By school

2. By the training program curriculum

3. For Graduation

4. For board examinations

What are the rules on working scholars?

There is no Er‐Ee relationship between students on one hand, and schools, where there is written agreement between them under which the former agree to work for the latter in exchange for the privilege to study free of charge. The student is not considered an Ee. (Sec. 14, Rule IX, Book III, IRR)

PROBLEM:

Padilla entered into a written agreement with Gomburza College to work for the latter in exchange for the privilege of studying in said institution. His work was confined to keeping clean the lavatory facilities of the school. One school day, he got into a fist fight with a classmate, Monteverde, as a result of which the latter sustained a fractured arm. Victor filed a civil case for damages against him, impleading Gomburza College due to the latter's alleged liability as his Er. Under the circumstances, could Gomburza College be held liable by Victor Monteverde as an Padilla’s Er?

ANSWER:

Gomburza College is not liable for the acts of Padilla because there is no Er‐Ee relationship between them. As provided in the Rules and Regulations Implementing the LC "there is no Er‐Ee relationship between students on one hand, and schools, colleges, or universities on the other, where students work with the latter in exchange for the privilege to study free of charge, provided the students are given real opportunity, including such facilities as may be reasonable and necessary to finish their chosen courses under such arrangement."

Who may terminate an apprenticeship�agreement?

1. Either party may terminate an agreement after the probationary period but only for a valid cause.

2. It may be initiated by either party upon filing a complaint or upon DOLE’s own initiative.

Who may appeal the decision of the authorized�agency of the DOLE?

It may be appealed by any aggrieved person to the SLE within 5 days from receipt of the decision.

Note: The decision of the SLE shall be final and executory.

What is Exhaustion of Administrative Remedies�(EAR)

It is a condition precedent to the institution of action. (Sec. 32b, Rule VI, Book II, IRR)

How is the principle of Exhaustion of�Administrative Remedies applied in case of breach�of apprenticeship agreement?

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.

Who shall settle differences arising out of�apprenticeship agreement?

The plant apprenticeship committee shall have the initial responsibility for settling differences arising out of apprenticeship agreement. (Sec. 32b, Rule VI, Book II, IRR)

What is the procedure for the termination of�apprenticeship?�

• The party terminating shall:

1. Serve a written notice on the other at least 5 days before actual termination,

2. Stating the reason for such decision; and

3. A copy of said notice shall be furnished the Apprenticeship Division concerned.

Learners

Who are learners?

1. They are persons hired as trainees in semi‐skilled and other industrial

occupations

2. Which are non‐apprenticeable and

3. Which may be learned through practical training on the job in a relatively short period of time

4. Which shall not exceed 3 months

5. Whether or not such practical training is supplemented by theoretical instructions. (Sec. 1a, Rule VII, Book II, IRR)

When may learners be employed?

1. When no experienced worker is available

2. It is necessary to prevent curtailment of employment opportunities; and

3. Employment does not create unfair

competition in terms of labor costs or impair or lower working standards.

What is a learnership agreement?

Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include:

1. The names and addresses of the learners;

2. The duration of the learnership period, which shall not exceed 3 months;

3. The wages or salary rates of the learners which shall begin at not less than 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.

What is the qualification of a learner?

Must be at least 15 years of age.

Note: Those below 18 years of age shall not work in hazardous occupations.

Who may employ learners?

Only employers in semi‐skilled and other industrial occupations which are non‐apprenticeable.

Questions

What is the status of learners who have been allowed or suffered work during the first 2 months, if training is terminated by the Er before the end of the stipulated period through no fault of the learner?

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They are deemed regular employees. (Sec. 4,

Rule VII, Book II, IRR

Distinctions between Learnership and�Apprenticeship

Distinctions between Learnership and�Apprenticeship

Distinctions between Learnership and�Apprenticeship

Distinctions between Learnership and�Apprenticeship

Distinctions between Learnership and�Apprenticeship

Distinctions between Learnership and�Apprenticeship