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Special Workers Part 1 - Reviewer

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12 views8 pages

Special Workers Part 1 - Reviewer

Uploaded by

Alexander Eleazar Bulaong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Ora et Labore

Notes

Special Workers
Part I
Part I

Special Workers

- Reason – vulnerable sectors of the society


- Special workers provided for the special workers
- Philippines has unemployment PSA 2.34 Miliion
- In 2050 we will have young generations.
- Underemployment
- Causes
- A lot of job openining- job mistmatch
- Ex. AI in BPO. Technology is needed.
- Existing curriculum of HEI and Techvoc is not updated.
- Slow phased in technological adaptation.
- Oxford economics -2028 – AI will displaced 4.8 Million Filipino Workers.
Importance of Apprenticeship- Bridging the curriculum to school

Outdated Apprenticeship system.

Ex. 7 years ago Singapore start apprenticeship in AI. Apprenticeship is


paid as regular worker.

Laws governing apprenticeship

Apprenticeship Training Act of 2023

- Practical Training in the Philippines.


- Learnership
- Dual Training System- RA 7886- A Modality where there theoretical
method and company training. It is based on TESDA’s Enterprise Based
Training.
Suppose as student and employee called as trainees. It is 85 percent of
the prevailing minimum wage.75 percent shoulder by the government
and 10 percent from host company.
Job Start Program – LGU thru PESO and DOLE – termed as interns
Specific qualification not less 18 and not more than 24
No any employment
Not studying and not training
No part-time full time
75 percent salary
10 days- life skills programs
Referrals to company
Technical Training -3 months
2-5 months for Internship.
Life skills module -300 pesos
Entire Training- 75 percent minimum wage
Special Program for Employment of Student.
It happen during summer and Christmas vacation.
Poor or out of school youth
Duration : 52 Working Days
Salary: 20 pesos per hour
Government Inrtership Program
Exposed in the different government programs
4-6 Months
Prevailing minimum wage in Government.
Externship Program of Law Students Practitioners
Rule 138-A
Employed in RTC, MTC, SC, CA , MeTC.
AM 19-03-2024
Apprenticeship- Articles 58 -59 59-72 as amended RA 7797
TESDA – Attached agency of DOLE for policy and program coordination
only.
RA 7796
Apprentice – With a necessary skills training within employment with
theoretical training.
Elements :
1. Possession of Qualifications
a. 15 years of Age
b. With Vocational Aptitude
c. Capacity to take appropriate test.
d. Able to comprehend and follow oral written instructions.
e. Physically fit.
2. The apprenticeship program must be duly approved by TESDA.
1. Approved
2. Registered the Apprenticeship Agreement.

3.Apprenticeship Agreement for Employer and Apprenticeship must be


submitted to TESDA

a. Trade and occupation subject of appretinceship.

b. Dutation ( Not less 3 months but not more than 6 months)

Exp: The job is highly technical it is hard to impart to technical and


theoretical knowledge.

Presence of Company Practice.

CBA Agreement provide for Apprenticeship program.

3. Apprecentiship agreement must cover apprenticeshable


occupation. It was categorized by TESDA there are tripartite body
that endorse.
NITTO VS. NLRC ( Annoying Apprentice)
Will no cure no approved and registered apprenticeship program.
DOLE

Century Case
Tardiness and Absences
Performance Evaluation
Same day working at the same day:
At the time the employee started no difference of hours there
must be an approved.
A month before hiring there is a pending approval.
Filing is only preliminary step approval is not ministerial function
of TESDA

Differentiate NITTO vs. Century Case

Employers suffered regular employees.


One variance in the case.
DOLE and TESDA
Nitto Terminated right away Century – Notice of Termination to
come.
Type of Job-Kargardor – Not apprenishabble Nitto and Century
Canner Apprentishable- CANNER
Regularity- NITTO- Presumption of Regularity Century – Job-
necessary and desirable.
NITTO- Violation Committed negligence Century Canning- Did
not performed tardiness – incompetence.

Conclusion

PALAD as a probationary apprentice – probationary period can be


imposed.
3 months to six months- 2 months probationary apprentice.
No proof of evaluation was fulfilled.

Apprenticeable both jobs are not apprenticeable occupation


because there is no approve agreement.

Principles:
Salary- 75 percent minimum wage.
Exception: Piece Rate Payment but 100 percent.
Apprentice can be subject of probationary employment.
An employer cannot be compelled to hire an apprentice.
- The focus of Apprenticeship is training.
- The president can require apprenticeship program when there is critical
shortage of manpower.
- A regular employee cannot become an apprenticeship agreement.
Sibolino vs. Atlanta.
- In order not to be a perpetual apprenticeship. No subsequent
apprenticeship
Learnership.
Learners- persons are hired as trainee. Semi-skilled people.
Hired:
1. When is no skilled worker
2. No unfair competition and no lowering labor standards.
3. Curtailment of Employment Opportunity

Covered by Learnership program has to be approved and registered


learnership agreement by the TESDA.

Unique- Commitment to hire.

Learnership -focus on employment.

Aritlce 75 – Salary of 75 percent of minimum wage.

Exception – Piece rate- 100 percent.

Time and Motion Study- to determine the quota.-Scamtech Case. It


does not happen by accident.

Employer cannot unilaterally imposed QMS- Regional Tripatate Wages


and Productivity Board- attached agency.

Time Motion Study – Small scale and Medium Scale

Multi- National Scale- Commission their own time motion study. DOLE –
regional director -ex officio chairperson.

Conducts time and motion study- it can be subject to appeal ( Workers


and Employers) National Wages Productivity Council Final in Theory.

Time and motion study involves process-

Exception – big scale business.

Learners can become regular employee

1, When is there is commitment to hire.

2.Terminated suffered to work for 2 months and learner has no fault they are
presumed regular.

Learnership Apprenticeship
Training on the job in semi-skilled Training is trades which are
and other industrial occupation or apprenticeable that is, practical
trades which are non-apprenticeable training on the job. theoretical.
Max 3 months Min 3 months
Max 6 months
With commitment to employ a the No commitment to hire
learner as a regular employee if he
desire upon completion

20 percent number of learner of the total regular workforce.

Persons with Disability

PWD- Magna Carta for Disabled Person RA 10754 March 23,2016 Human
Rights Bulletin on Employment of PWD- 2019

Person with Disability- Differently Abled Individuals

- Those suffering or different ability mental, physical and sensory


impairment on a permanent basis. They cannot perform task with
same as abled person.
- Anxiety??

Two kinds of PWD

1. A person with disability special assistance, special equipment


2. Qualified person with disability does not need special assistance and
special equipment. Those who can perform without reasonable
accommodations.
Purpose to determine- the employer has prerogative to determine the
latitude.

1. Prerogative – functions and job for qualified pwd.


2. Written Description of the essential functions. Par L RA 7277

Rights of PWD

1. Equal opportunity for employment.


2. Eligibility for Learnership and Apprenticeship
3. Right to assemble and self-organization.
4. Right against discrimination from employment.

RA 10524 Reserving position with PWD.

Employer incentive
Additional deductions of 25 % of the total amount paid as salaries and wages
to disabled.

Net taxable of 50 %

Requirement to redeem employer incentive.

The PWD must be accredited to DOLE with Bureau of Workers with special
concern.

Employer must also be accredited.

Certification from DOLE of such accreditation.

Bernardo vs . ponencia of Justice Panganiban

Even PWD can be regular employees.

Deaf Mutes that Conversing

-can work as money sorter has the same aptitude.

The treatment is not treated for charity , it is justice for all.

Land Base- working on land

Master Contract Agreement

They are not unionized

For disability benefits complaint- are not with NLRC they are filed SSS.

Self-employed

Sea Based- Vessel

POEA Standard Employment Contract

They are unionized

Disability can be tried NLRC

Employees of the manning agency.

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