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Labor Title IV - E. Human Resources - Coggle Diagram

- - - - National Trade Skills Standards (RA 7796 Sec. 22)
        
        Established - National Occupational skills standards to be established by TESDA-accredited industry committees.
        
        Authority - Shall develop and implement a certification and accreditation program in which private industry groups and trade associations are accredited to conduct approved trade tests, and the local government units to promote such trade testing activities in their respective areas in accordance with the guidelines to be set by the authority.
        
        SOLE - shall determine the occupational trades for mandatory certification. Certificates relating to national trade skills testing issued by the Authority via TESDA secretariat.
    - - Skills Development - process through which learners/workers systematically provided with learning opportunities to acquire or upgrade or both their ability knowledge and behavior pattern required as qualifications for a job in a given occupational area. (7796)
        
        Technical education - Education process designed at post secondary and lower tertiar levels, officially recognized as non-degree pprograms aimed at preparing technicians, para-professionals and other categories of middle-level workers by providing them with a broad range of general education, etc. (7796)
        
        Middle-Level Manpower - (7796)
        
        Those who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at-least a secondary education but preferrably a post secondary education with a corresponding degree or diploma.
        
        Skilled workers who have become highly competent in their trade or craft as has been attested by the industry.
- - - - Persons With Disability
        
        Definition (RA 7277 Sec. 4)
        
        Policy Declaration
        
        Coverage
        
        Employment Rights and Privileges (LC 81)
        
        Discrimination(7277 Sec. 32)
        
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        Eligibility for Apprenticeship - may be hired as apprentices or learners provided that the handicap does not effectively impede the performance of job operations in the particular operations for which they are held. (LC 81)
        
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        Includes - all disabled persons, including those in GOCCs and National government.
        
        Disabled Persons - are those who cannot perform an activity in the manner or within the range considered normal for a human being.
        
        Impairment - any loss, diminution, or aberration of psychological, physiological, or anatomical structure of function.
        
        Handicap - A disadvantage that limits or prevents the functions or activity, that is considered normal given the age and sex of the individual.
        
        RA 7277: Magna Carta for Disabled Persons
      - Definition (LC 73 & 7769 Sec.4) - Learner - 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, not more than 3 months. (LC 73)
        
        Allowed Employment (LC 74) -
        
        General Rule: No Learners.
        
        XCPN Unless:
        
        (1) No experienced Workers are available;
        
        (2) Employment is necessary to prevent curtailment opportunities;
        
        (3) Employment does not create unfair competition in terms of labor costs or impair or lower working standards.
        
        Terms and Conditions of Employment (LC 75-76)
        
        Contents of Learnership Agreement
        
        Learners in Piecework (LC 76) - Learners in piece or incentive rate jobs during the training period shall be paid in full for the work done.
        
        (1) Includes the name and addresses of the learners
        
        (2) Not exceed (3) months
        
        (3) Provide wages or salary rates at-least 75% of the applicable minimum wage
        
        (4) A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership
        
        Pre-Termination - All learners suffered to work during the first (2) months are deemed regular employees if the training is terminated by the employer before the end of the stipulated period, if such termination was through no fault of the learner.
    - - Apprentice - worker who is covered by a written apprenticeship agreement with an individual employer or any entities recognized in LC chapter. (LC 58)
        
        Apprenticeship Agreement - Contract wherein prospective employer binds himself to train the apprentice who in turn accepts the terms of training for a recognized apprenticeable occupation
        
        Apprenticeable Occupation -
        
        an occupation officially endorsed by a tripartite body and approved for apprenticeship by the Authority.
        
        Requires more than (3) months of practical training on the job supplemented by related theoretical instruction.
        
        Apprenticeship - training within employment compulsory related theoretical instructions involving a contract between an apprentice and an employer on an approved apprenticeable occupation.
        
        Authority - TESDA under RA 7796
        
        Only one apprenticeship agreement may be entered into. Entering into another one converts worker into regular employee.
      - Qualification (Book II, Rule VI, Sec. II, Omnibus Rules)
        
        Apprentices
        
        (1) At-least 15 years old.
        
        (2) Physically fit for the occupation
        
        (3) Has vocational aptitude and capacity for the particular occupation.
        
        (4) Can comprehend and follow oral and written instructions.
        
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        15-18 - are eligible for apprenticeship only for non-hazardous occupations.
        
        Employers - Only in apprenticeable occupations approved by SOLE which belong to highly technical industries. (LC 60)
        
        Prior Approval - DOLE must approve of the proposed apprenticeship program before said program can be validly entered into. Without this, no apprenticeship exists. (Nitto v. NLRC)
        
        Terms and Conditions of Employment (LC 61)
        
        Coverage -
        
        (1) Apprenticeship programs shall not exceed a (6) month period;
        
        (2) In accordance with duly approved apprenticeship programs by the SOLE, minimum wage only max to 75% of statutory minimum wage.
        
        Without Compensation - IF:
        
        (1) Required by the school or training program curriculum;
        
        (2) A requisite for graduation or board examination. (LC 72)
        
        Costs (LC 71)
        
        Enforcement (LC 65, 66 and 67)
        
        Administrative Remedies - must be exhausted prior to an action for enforcement of apprenticeship program or damages or breach. (LC 67)
        
        Investigation - DOLE or authorized representative i.e. TESDA shall investigate violation of an apprenticeship agreement.(LC 65)
        
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        Deductibility - Training costs may be deducted from taxable income equivalent to 1/2 value fo labor training expenses incurred for developing the productivity and efficiency of apprentices.
        
        Requirements -
        
        (1)Program must be approved by SOLE;
        
        (2) Apprentices must be paid minimum wage.
        
        Limit - deduction shall not exceed 10% of the direct labor wage.