1.

Define Apprenticeship Note: the employer has the option to employ the
apprentice even before the completion of the
Apprenticeship means practical training on the job apprenticeship period.
supplemented by related theoretical instruction.
11. Is there an education qualification in hiring an apprentice?
2. Define Apprentice
No. However, Trade and Industry Union may
An apprentice is a worker who is covered by a written recommend to the DOLE appropriate educational qualifications
apprenticeship agreement with an individual employer or any of for apprentices in certain occupations. If the same is approved,
the entities recognized under the law. He is a person undergoing it will constitute an educational requirement, unless waived by
training for an approved apprenticeable occupation. the employer. But the waiver must have a certification of
explanation signed by the person in-charge of the program and
3. Define apprenticeable occupation. shall be attached to the apprenticeship program.

An apprenticeable occupation means any trade, for of 12. What is the wage rate of an apprentice?
employment or occupation which requires more than 3 months
of practical training on the job with compulsory related The wage rate of the apprentice shall start at 75% of
theoretical instructions. the statutory minimum wage for the first 6 months. Thereafter,
he shall be paid the full minimum wage, including the full cost-
4. What are the qualifications to be an apprentice? of-living allowance.

The qualifications of an apprentice are: 13. Are apprentices allowed to render overtime work?

a. Be at least 15 years of age; provided those who Yes, if he is not barred by law from working 8 hours a
are at least 15 years of age but less than 18 may day, he may be requested by his employer to work overtime and
be eligible for apprenticeship only in non- paid accordingly, provided there are no available regular
hazardous occupations. workers to do the job.
b. Be physically fit for the occupation in which he
desires to be trained; 14. Where can the actual training of apprentices can be
c. Possess vocational aptitude and capacity for the undertaken?
particular occupation as established through
appropriate tests; and a. In the plant, shop or premises of the sponsoring
d. Possess the ability to comprehend and follow oral employer in the case of individual apprenticeship
and written instructions. programs;
b. In the premises of one or several firms designated
5. What are the requisites for a valid Apprenticeship Program? for the purpose by the organizer of the program
if such organizer is an association of employers,
a. Qualifications of Apprentice are met; civic group or the like; and
b. Apprentice earns not less than 75% of the c. In a TESDA Training Center or other public
prescribed minimum salary; training institutions with which TESDA has
c. There must be an apprenticeship agreement duly made appropriate arrangements.
executed and signed;
d. Apprenticeship program must be approved by the 15. What are the procedures in settling dispute for violation of
Secretary of Labor otherwise the apprentice shall apprenticeship agreement?
be deemed a regular employee; and
e. Period of apprenticeship shall not exceed 6 a. Investigation – upon complaint of any interested
months person or upon its own initiative, the DOLE or its
authorized representative investigates any
6. Who may employ apprentices? violation of an apprenticeship contract under the
prescribed rules and regulations of the Secretary
Only employers in highly-technical industries may of DOLE; and
enter into apprenticeship agreements or otherwise employ b. Appeal – the Secretary of DOLE has appellate
apprentices only. jurisdiction over decisions for violation of such
apprenticeship contract.

7. Define what is a highly technical industry. 16. Explain the Doctrine of Exhaustion of Administrative
Remedies
A highly technical industry refers to a trade, business,
enterprise, industry or other activity which utilizes the This doctrine requires that where an administrative
application of advanced technology. remedy is provided by law, relief must first be sought by
exhausting such remedies before the courts will act.
8. Is TESDA’s approval of apprenticeship program required
before the employer is allowed to hire apprentices? 17. What is the ratio of theoretical and on-the-job training?

Yes. This is to ensure the protection apprentices and The normal ratio is 100 hours of theoretical
to obviate possible abuses by prospective employers who may instructions for every 2,000 hours of practical or on-the-job
want to take advantage of the lower wage rates for apprentices training.
and circumvent the right of the employees to be secure in their
employment. 18. Is apprenticeship a voluntary undertaking.

In the absence of a valid apprenticeship program, the Yes, an apprenticeship is a voluntary undertaking,
apprenticeable agreement has not force and effect. Thus, the except on the following circumstances:
apprentice is deemed a regular employee as he has been engaged
to perform activities which are usually and necessary or a. When there is a critical shortage of trained
desirable in the usual business or trade of the employer. manpower in certain trades, occupations, jobs or
employment levels where national security or
9. What is the benefit of the certificate of recognition? particular requirements of economic
development so demand, the Secretary of DOLE
The employer is able to hire an apprentice, and the may recommend to the President the compulsory
employer shall be entitled to technical assistance which includes training of apprentices; and
training expenses’ deduction from its income tax. b. When services of foreign technicians are utilized
by private companies in apprenticeable trade.
10. How long is the apprenticeship period?
19. May the Secretary of Labor and Employment authorize the
Apprenticeship period shall be for a period of more hiring of apprentices without compensation?
than 3 months but not over 6 months. (DOLE Circular No. 2, s.
2006) Yes, the Secretary of Labor and Employment may
authorize the hiring of apprentices without compensation in the
following circumstances:
 a. If it is required by the school; However, under the Magna Carta for Disabled Persons, all
b. Part of a training program curriculum; qualified disabled workers shall receive the full amount of the
c. As requisite for graduation; or minimum wage rate pursuant to RA 7277.
d. As requisite for board examination

20. Define what is a learner.

A learner is a person hired as a trainee in industrial

occupations which are non-apprenticeable and which may be
learned through practical training on the job for a period not
exceeding 3 months, whether or not such practical training is
supplemented by theoretical instructions.

21. Differentiate apprenticeship from learnership

Learnership and apprenticeship are similar because they

both mean training periods for jobs requiring skills that can be
acquired through actual work experience. And because both a learner
and an apprentice are not as fully productive as regular workers, the
learner and the apprentice may be paid wages twenty-five percent
lower than the applicable legal minimum wage.

They differ in the focus and terms of training. An

apprentice trains in a highly skilled job or in any job found only in
highly technical industries. Because it is a highly skilled job, the
training period exceeds three months. For a learner, the training
period is shorter because the job is more easily learned than that of
apprenticeship. The job, in other words, is "nonapprenticeable"
because it is practical skills which can be learned in three (not six)
months. A learner is not an apprentice but an apprentice is,
conceptually, also a learner.

Accordingly, because the job is more easily learnable in

learnership than in apprenticeship, the employer is committed to hire
the learnertrainee as an employee after the training period. No such
commitment exists in apprenticeship.

Finally, employment of apprentices, as stated in Article 60,

is legally allowed only in highly technical industries and only in
apprenticeable occupations approved by the DOLE. Learnership
isallowed even for nontechnical jobs.

22. When may learners be hired?

Learners may be employed when:

a. There are no experienced workers available

b. The employment of learners being necessary to
prevent curtailment of employment
opportunities; and
c. Such employment will not create unfair
competition in terms of labor costs or impair
working standards.

23. What is the minimum compensation of learners?

The wage of the learner shall be 75% of the minimum

wage. Except if the learner is working on piece or incentive jobs, he
is entitled to full pay for work done during the training period.

24. Define a handicapped worker.

Under the Labor Core a handicapped worker is defined as

one whose earning capacity is impaired by age, physical, mental or
sensory deficiency or injury.

Under the Magna Carta for Disabled Persons, handicapped

persons are those suffering from restriction or different disabilities as
a result of physical, mental, or sensory impairment.

25. What is a qualified individual with a disability?

An individual with a disability who, with or without

reasonable accommodation, can perform the essential functions of the
employment position that such individual holds or desires.

26. Explain the Concept of Sheltered Employment

Sheltered employment is a concept where disabled workers

with the same qualifications, skills, training and qualities cannot
compete fairly with other workers in an open labor market; the
government is tasked to create and organize its own employment
opportunities only for the disabled workers that will suit their
qualifications, skills, training and experience.

27. What is the wage rate for handicapped workers/disabled

workers?

Under the Labor Code, handicapped workers are

entitled to not less than 75% of the applicable minimum wage.