1. Aizell A. Bernal
BSBA 3
Dr. A. Sande
MGNT 6
Employment and Security of Tenure
Topics to be discussed:

2.  Apprenticeship Training
 Learnership Agreement
 Employment of Non-Resident Aliens
 Regulation of Recruitment
 Termination of Employment
 Employment of Housekeepers
 Manpower Development
Employment and Security of Tenure

3. No child below fifteen (15) years of age shall be employed, except when he
works directly under the sole responsibility of his parents or guardian and his
employment does not in any way interfere with his schooling.
A person between fifteen (15) and eighteen (18) years of age may be employed
for such number of hours and such periods of the day as determined by the
Secretary of Labor and Employment in appropriate regulations.
Regular and Casual Employment
The provisions of written agreement to the contrary notwithstanding and
regardless of the oral agreements of the parties, an employment shall be deemed to
be regular where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer, except
where the employment has been fixed for a specific project or undertaking, the
completion or termination of which has been determined at the time of the
engagement of the employee or where the work or services to be performed is
seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual in nature if it is not covered by the
preceding paragraph. Any employee who has rendered at least one year of service,
whether such service is continuous or broken, shall be considered a regular
employee with respect to the activity in which he is employed and his employment
shall continue until such actually exits. An employee who is allowed to work after a
probationary period shall be considered a regular employee.
Probationary Employment
Probationary employment shall not exceed six (6) months from the date the
employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period. The services of an employee may be terminated for a just
cause or when he fails to qualify as a regular employee.
Apprenticeship Training
The organization of apprenticeship programs shall be primarily a voluntary
undertaking of employers except otherwise provided. Only trades and occupations
declared apprenticeable by the Secretary of Labor and Employment may be
included in apprenticeship programs.
Qualifications of an Apprentice
To qualify as an apprentice, a person shall:
a. Be at least fourteen (14) years of age;
b. Possess vocational aptitude and capacity for apprenticeship as established
through appropriate tests; and

4. c. Possess the ability to comprehend and follow oral and written instructions.
Actual training of apprentices may be undertaken:
1. In the premises of the sponsoring employer in the case of individual
apprenticeship programs;
2. In the premises of one or several designated firms in the case of programs
sponsored by a group or association of employers or by a civic organization; or
3. In a Department of Labor and Employment training center or other public training
institution.
Apprenticeship Programs
The organization of apprenticeship programs shall be primarily a voluntary
undertaking by employers. The President of the Philippines may require compulsory
training of apprentices in certain trades, occupations, jobs or employment levels
where shortage of trained manpower is deemed critical as determined by the
Secretary of Labor and Employment.
Likewise, where services of foreign technicians are utilized by private companies
in apprenticeable trades, said companies are required to set up appropriate
apprenticeship programs.
Where training on the job is required by the school or training program curriculum
or as a prerequisite for graduating or board examination, the Secretary of Labor and
Employment may authorize the hiring of said apprentices without compensation.
Probationary Period of Apprentices
The apprenticeship agreement among others shall provide for the probationary
period of the apprentice during which both party may summarily terminate the
agreement as well as the number of hours worked.
The maximum allowable probationary period which the employer may stipulate
with the prospective apprentice in their apprenticeship agreement shall be:
a. Four hundred (400) hours or two (2) months for trades or occupations which
normally require a year or more for proficiency; and
b. Two hundred (200) hours or one month but less than one year for proficiency.
At least five working days before the actual date of termination, the party
terminating shall serve a written notice on the other stating the reason for such
decision, and a copy of said notice shall be furnished the Apprenticeship Division of
the Department of Labor and Employment.
The hours of work of an apprentice shall not exceed the maximum number of
hours of work prescribed by law. An apprentice not otherwise barred by law from
working eight hours a day may be requested by his employer to work overtime and
paid accordingly, provided there are no available regular workers to do the job, and
the overtime work thus rendered is duly credited toward his training time.
Termination of Apprenticeship Agreement

5. Either party to an agreement may terminate the same after the probationary
period only for a valid cause. The following are valid causes for termination:
I. By the Employer
a. Habitual absenteeism in on-the-job training and related theoretical
instructions;
b. Willful disobedience of company rules or insubordination to lawful
order of a superior;
c. Poor physical condition, permanent disability or prolonged illness
which incapacitates the apprentice from working;
d. Theft or malicious destruction of company property and/or equipment;
e. Poor efficiency of performance on the job or in the classroom for a
prolonged period despite warnings duly given to the apprentice; and
f. Engaging in violence or other forms of gross misconduct inside the
employer’s premises.
II. By the Apprentice
a. Substandard or deleterious working conditions within the employer’s
premises;
b. Repeated violations by the employer of the terms of the apprenticeship
agreement;
c. Cruel or inhuman treatment by the employer or his subordinates;
d. Personal problems which in the opinion of the apprentice shall prevent
him a satisfactory performance of his job; and
e. Bad health or continuing illness.
Learnership Agreement
Learners are 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 of time which shall not exceed
three (3) months.
Learners may be employed when no experienced workers are available, the
employment of whom is necessary to prevent curtailment of employment
opportunities and moreover where the employment does not create unfair
competition in terms of labor costs or impair or lower working standards.
Every learnership agreement shall include:
a. The names and addresses of the learners;
b. The duration of the learnership period, which shall not exceed three (3)
months;
c. The wages or salary rates of the learners which shall begin at not less than
seventy-five (75%) of the applicable minimum wages; and
d. A commitment to employ learners, if they so desire, as a regular employees
upon completion of the learnership. All learners who have been allowed or
suffered to work during the first two months shall be deemed regular

6. employees if training is terminated by the employer before the end of the
stipulated period through no fault of the learner.
Employment of Women
No employer shall discriminate against any woman with respect to terms and
conditions of employment on account of her sex. Equal remuneration shall be paid to
both men and women for work of equal value.
No employer shall require as a condition of employment or continuation of
employment that a woman employee shall not get married, or to stipulate expressly
or tacitly that upon getting a woman employee shall be deemed resigned or
separated, or to actually dismiss, discharge discriminately or otherwise prejudice a
woman employee merely by reason of her marriage.
Prohibited Acts
It shall be unlawful for any employer;
a. To deny any woman employee the benefits provided for under Labor Code or to
discharge any woman employed by him for the purpose of preventing her from
enjoying any of the said benefits.
b. To discharge such woman on account of her pregnancy, or while on leave or in
confinement due to her pregnancy; or
c. To discharge or refuse the admission of such woman upon returning to her work
for fear that she may again be pregnant.
Employment of Non-Resident Aliens
Any alien seeking admission to the Philippines for employment purpose and any
domestic or foreign employer who desires to engage an alien for employment in the
Philippines shall obtain an employment permit from the Department of Labor and
Employment.
The employment permit may be issued to a non-resident alien or to an applicant
employer after a determination of the non-availability of a person in the Philippines
who is competent, able and willing at the time of application to perform the services
for which the alien is desired.
After the issuance of employment permit, the alien shall not transfer to another
job or change his employer without prior approval of the Department of Labor and
Employment. Any non-resident alien who shall take up employment in violation of
the Labor Code and its implementing regulations shall be punished accordingly.
Any employer employing non-resident foreign nationals on the effective date of
the Labor Code shall submit a list of such nationals to the Secretary of Labor and
Employment within thirty (30) days after such date indicating their names,
citizenship, foreign and local addresses, and nature of employment and status of
stay in the country.
Regulation of Recruitment

7. Any person applying with a private fee charging employment agency for
employment assistance shall not be charged any fee until he has obtained
employment through his efforts or has actually commenced employment. Such fee
must be always covered with an approved receipt clearly showing the amount paid.
Prohibited Practices
It shall be unlawful for any individual entity, license or holder of authority:
a. To charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay any amount greater that that
actually received by him as a loan or advance;
b. To furnish or publish any false notice or information or document in relation to
recruitment or employment;
c. To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority
under the Labor Code;
d. To induce or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;
e. To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency;
f. To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the Secretary of Labor and
Employment or by his duly authorized representatives;
h. To fail to file reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures
and such other matters as may be required by the Secretary of Labor and
Employment;
i. To substitute or alter employment contracts approved and verified by the
Secretary of Labor and Employment from the time of actual signing thereof by
the parties up to and including the period of expiration of the same without
approval of the Department of Labor and Employment;
j. To become officer or member of the Board of any corporation engaged in
travel agency or to be engaged directly or in directly in the management of a
travel agency; and
k. To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those authorized
under the Labor Code and its implementing rules and regulations;
Termination of Employment

8. In case of regular employment, the employer shall not terminate the services of
an employee except for a just cause or authorized by the Labor Code. An employee
who is unjustly dismissed from work shall be entitled to reinstatement without loss of
seniority rights and to his back wages computed from the time of his reinstatement.
Termination by Employer
An employer may terminate an employee for any of the following causes:
a. Serious misconduct or willful disobedience by the employee of the lawful orders
of his employer or the duly authorizes representative in connection with his work
b. Gross habitual neglect by the employee of his duties
c. Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative
d. Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representative
e. Other causes analogous to the foregoing.
Termination by Employee
An employee may terminate without just cause the employee-employer
relationship by serving a written notice on the employer at least one month in
advance.
An employee may put an end to the relationship without serving the employer for
any of the following just causes:
a. Serious insult by the employer or his representative on the honor and person of
the employee
b. Inhuman and unbearable treatment accorded the employee by the employer or
his representative
c. Commission of a crime or offense by the employer or his representative against
the person of the employee or any of the immediate members of his family
d. Other causes analogous to any of the foregoing.
Termination Pay
A regular employee shall be entitled to termination pay equivalent at least to his
one month salary or to one month salary for every year of service, whichever is
higher, a fraction of at least six months being considered as one whole year, in case
of termination of his employment due to the installation of labor-saving devices or
redundancy.

9. Where the termination of employment is due to retrenchment initiated by the
employer to prevent losses or other similar causes, or where the employee suffers
from a disease and his continued employment is prohibited by law or is prejudicial to
his health or to the health of his co-employees, the employee shall be entitled to
termination pay equivalent at least to his one month salary, or to one-half month pay
for every year of service, whichever is higher, a fraction of at least six (6) months
being considered as one whole year.
Employment of Housekeepers
The Labor Code of the Philippines has taken cognizance of its existence in this
country and moreover conferring upon housekeepers certain rights as well as
vesting them with corresponding obligation under the concept of employer-employee
relationship.
The original contract of domestic service shall not last for more than two years
but it may be renewed for such periods as may be agreed upon by the parties. They
shall be paid minimum wages, provided lodging, food and medical attendance.
No househelper shall be assigned to work in a commercial, industrial or
agricultural enterprise at a wage or salary rate lower than that provided for
agricultural or non-agricultural worker. If the housekeeper is under the age of
eighteen, the employer shall give him or her opportunity for at least elementary
education. If the househelper is unjustly dismissed, he or she shall be paid the
compensation already earned plus that for fifteen days by way of indemnity. If he or
she leaves with justifiable reason, he or she shall forfeit any unpaid salary due him
or her not exceeding fifteen days.
Manpower Development
The National Manpower and Youth Council (NMYC) as the human resource
development agency of the Philippine Government have been directing its efforts to
the training and utilization of the country’s richest resource, its people.
Targets of the Council’s projects rare industrial and agricultural workers, school
dropouts and idle segments of the population.
The Council shall formulate a long-term plan which shall be the controlling plan
for the development of manpower resources of the entire country. The primary
purpose of manpower planning as with any other aspect of planning is to prepare for
the future by reducing its uncertainty. It has a basic goal the reduction of uncertainty
as related to the acquisition, placement and development of employees for future
needs.