2) CHRA by HREAP Reviewer. Drills for Philippine Labor Code & HR Related Laws. Book 2 HR Development

Summary

This script outlines the regulations and guidelines for apprenticeship and employment in a certain jurisdiction. It covers definitions such as 'manpower' and 'human resource,' the composition of the National Manpower and Youth Council, and the roles of various government officials. It details the qualifications and responsibilities of a Director General, the nature of apprenticeships, and the legal requirements for wages and agreements. Additionally, it addresses the employment of differently-abled workers and the conditions for learnership programs.

Takeaways

• 🔍 Manpower is defined as the portion of the population capable of contributing to the production of goods and services.
• 💼 Entrepreneurship training is emphasized for self-employment and support of small industries.
• 🏛️ The National Manpower and Youth Council's ex officio chair is the Secretary of Labor.
• 👷‍♂️ The President appoints 10 representatives of labor unions to the National Manpower and Youth Council.
• 🕰️ A Director General serves for a term of 10 years and has the rank and emoluments of an under secretary.
• 🎓 Qualifications for the position of Director General include being a natural-born citizen, between 30 and 50 years of age, with a master's degree or equivalent, and experience in national planning.
• 🛠️ Apprenticeship is a form of practical training on the job supplemented by related theoretical instruction.
• 👨‍🏫 An apprentice is a worker covered by a written apprenticeship agreement with an individual employer.
• 🔗 The term 'Apprentice Occupation' refers to trades or employment requiring over 3 months of practical training plus theoretical instruction.
• 📜 An apprenticeship agreement is a legally binding contract between an employer and an apprentice outlining the terms of training.
• 🎓 To qualify as an apprentice, one must be at least 14 years old, possess vocational aptitude, and be able to comprehend and follow instructions.
• ⏱️ The apprenticeship period should not exceed 6 months to ensure adequate training within a short timeframe.
• 💵 Apprentices are legally entitled to at least 75% of the minimum wage rate for their work.
• 🤝 For minors entering an apprenticeship agreement, it must be signed by either the minor's parent or guardian or an authorized representative of the DOLE.
• 📚 Hiring of apprentices without compensation is allowed if the training is a requirement for school curriculum or graduation.
• 👨‍🎓 Learners are individuals hired for practical training in semiskilled occupations that can be learned in a short period.
• ⏳ The learnership period is not to exceed 3 months, allowing for quick skill acquisition.
• 💼 The salary rate for learners is at least 75% of the minimum wage, ensuring fair compensation for their work.
• 👵 Handicapped workers are those with impaired earning capacity due to age or physical or mental deficiency.
• 💼 The salary rate for handicapped workers should not be less than 75% of the minimum wage, providing a baseline income for those with disabilities.

Q & A

What does 'Manpower' refer to in the context of the nation's population?

Manpower refers to the portion of the nation's population which has actual or potential capabilities to contribute directly to the production of goods and services.

What type of training does Article 44 refer to?

Article 44 refers to training for self-employment or assisting individual or small industries, which is termed as 'entrepreneurship'.

Who is the ex officio chair of the National Manpower and Youth Council?

The ex officio chair of the National Manpower and Youth Council is the Secretary of Labor.

How many representatives of labor unions does the President appoint to the National Manpower and Youth Council?

The President appoints 10 representatives of labor unions to the National Manpower and Youth Council.

What is the maximum term of service for a Director General of the council Secretariat?

A Director General of the council Secretariat shall serve for a term of 10 years.

What is one qualification that is not required for the position of Director General?

One qualification that is not required for the position of Director General is having 10 years of service in the council.

What does Article 58 refer to as a form of practical training supplemented by theoretical instruction?

Article 58 refers to 'apprenticeship' as a form of practical training on the job supplemented by related theoretical instruction.

What is the term used for a worker covered by a written apprenticeship agreement with an individual employer?

The term used for a worker covered by a written apprenticeship agreement with an individual employer is 'Apprentice'.

What does 'Apprentice occupation' refer to in the context of Article 58?

Apprentice occupation refers to any trade, form of employment, or occupation which requires more than 3 months of practical training on the job, supplemented by related theoretical instruction.

What type of agreement is mentioned in Article 50-8 for the training of an apprentice?

Article 50-8 refers to an 'apprenticeship agreement', where the employer binds himself to train the apprentice, and the apprentice in turn accepts the terms of training.

What is the minimum age requirement to qualify as an apprentice according to Article 59?

To qualify as an apprentice, one of the requirements is to be at least 14 years old.

What is the legal wage rate for apprentices as stated in Article 61?

The legal wage rate for apprentices is at least 75% of the minimum wage rate.

Who is authorized to sign on behalf of a minor when entering an apprenticeship agreement?

The minor's parent or guardian, or an authorized representative of the DOLE, can sign on behalf of a minor when he or she enters an apprenticeship agreement.

Is it allowed to hire apprentices without compensation if the training is required by the school or training program curriculum?

Yes, hiring of apprentices without compensation is allowed provided that the training on the job is required by the school or training program curriculum or is requisite for graduation or board examination.

What is the term used for persons hired as trainees in non-apprentice industrial occupations?

The term used for persons hired as trainees in semiskilled and other non-apprentice industrial occupations is 'Learners'.

What is the maximum length of the learnership period as per Article 75?

The learnership period, as per Article 75, should not exceed 3 months.

What is the minimum salary rate for Learners as stated in Article 75?

The minimum salary rate for Learners is at least 75% of the minimum wage.

What term is used to describe employees whose earning capacity is impaired by age or physical or mental deficiency or injury?

The term used to describe employees whose earning capacity is impaired by age or physical or mental deficiency or injury is 'handicapped workers'.

What is the minimum salary rate for handicapped workers as per Article 80?

The minimum salary rate for handicapped workers is not less than 75% of the minimum wage.