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Gamazan - Labor Law Rev - Assignment 2

This document distinguishes between learnership and apprenticeship, househelpers and homeworkers, and provides rules on the employment of minors. Learnership involves semi-skilled training for up to 3 months, while apprenticeship provides technical training for over 3-6 months. Househelpers work in an employer's home, while homeworkers perform industrial work at home. Employment of minors below 15 is generally prohibited, while those aged 15-18 have restricted hours and types of work.

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60 views2 pages

Gamazan - Labor Law Rev - Assignment 2

This document distinguishes between learnership and apprenticeship, househelpers and homeworkers, and provides rules on the employment of minors. Learnership involves semi-skilled training for up to 3 months, while apprenticeship provides technical training for over 3-6 months. Househelpers work in an employer's home, while homeworkers perform industrial work at home. Employment of minors below 15 is generally prohibited, while those aged 15-18 have restricted hours and types of work.

Uploaded by

Richie Salubre
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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GAMAZAN, Teresalyn T.

Labor Law Review

DISTINCTION BETWEEN LEARNERSHIP AND APPRENTICESHIP

Apprenticeship Learnership
Involves training on the job supplemented by Involves training in semi-skilled industries which
related theoretical instructions in highly need not be supplemented by related
technical industries theoretical instructions.
Application of advanced technology. It is only available for non-apprenticeable jobs,
and only when no experienced workers are
available.

A good example of which are the An example of which are the learnership
apprenticeship programs for aircraft and programs for hairdressing and cosmetics.
automobile mechanics.
Must be at least 15 years of age. However, No similar age requirement is prescribed
those 15 to 18 years of age maybe eligible
only for non hazardous occupations.

No similar obligation is imposed for The number of learners in an establishment


apprenticeship must not exceed 20% of the total regular
workforce. The employer is obliged to hire the
learner after the lapse of the learnership period.

Duration of training of more than 3 months Duration of training for learnership agreements
but not over 6 months is capped at 3 months.

DISTINCTION BETWEEN HOUSEHELPERS AND HOMEWORKERS


HOUSEHELPERS HOMEWORKERS
Any persons rendering services in Any person who performs industrial homework for an
households for compensation employer, contractor or sub-contractor.
Service in the employer’s home which is Work for an employer or contractor is carried out by a
usually necessary or desirable for the homework at his/her home. Materials may or may not be
maintenance and enjoyment thereof furnished by the employer or contractor.
and includes ministering to the personal
comfort and convenience of the
members of the employer’s household,
including services of family drivers.
Minimum wage rate depends upon the Standard rates. At the initiative of the
city/municipality. Those househelpers Department or upon petition of any interested party, the
who are receiving at least One thousand Secretary of Labor and Employment or his authorized
pesos (P1,000.00) shall be covered by representative shall establish the standard output rate or
the Social Security System (SSS) and be standard minimum rate in
entitled to all the benefits provided. appropriate orders for the particular work or processing to
be performed by the homeworkers.
RULES ON EMPLOYMENT OF MINOR
Below 15 yrs of age 15-18 years old 18 above
No child below 15 can work, unless May be employed for such May be employed for such
he/she is working under the sole number of hours and such number of hours and such
responsibility of parents or guardian periods of the day as periods of the day as
and the work does not interfere with determined by the Secretary of determined by DOLE
his or her schooling or where a child's Labour and Employment in
employment or participation in public appropriate regulations.
entertainment or information through
cinema, theater, radio, television or
other forms of media is essential.

Labour Code prohibits the Labour Code prohibits the May undertake work which are
employment of a person below employment of a person below hazardous or deleterious in
eighteen (18) years of age in an eighteen (18) years of age in an nature
undertaking which is hazardous or undertaking which is hazardous
deleterious in nature or deleterious in nature
No child below fifteen (15) years of No child between fifteen (15) Hours worked shall include (a)
age is allowed to work between 8pm and eighteen (18) years of age all time during which an
and 6am. can work between 10pm and employee is required to be on
6am. duty or to be at a prescribed
workplace; and (b) all time
during which an employee is
suffered or permitted to work.
Cannot work more than 4 hours a day Cannot work for more than 8 Work may be performed
hours a day. beyond eight (8) hours a day
provided that the employee is
paid for the overtime work
20 hours a week 40 hours a week

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