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- Consonant with the minimum qualifications of apprentice-applicants required under this Chapter, employers of entities with duly recognized apprenticeship programs shall have primary responsibility for providing appropriate aptitude tests in the selection of apprentices. If the latter is not prepared to assume the responsibility, the same may be delegated to an appropriate government agency. (b) When national security or particular requirements of economic development so demand, 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. A decision to declare a lockout must be approved by majority of the board of directors of the corporation or association or of the partners in a partnership, obtained by secret ballot in a meeting called for that purpose. - Supplementary theoretical instruction to apprentices in cases where the program is undertaken in the plant may be done by the employer. Voluntary organization of apprenticeship program; exemptions. - (a) The organization of apprenticeship programs shall be primarily a voluntary undertaking by employers. - An additional deduction from taxable income of one-half (1/2) of the value of labor training expenses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organizing an apprenticeship program: Provided, that such program is duly recognized by the Department of Labor: Provided, further, That such deduction shall not exceed ten (10%) percent of direct labor wage; and provided finally that the person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wages. (f) A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot in meetings or referenda called for that purpose. - The Secretary of Labor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group. - (a) The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P100,000) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein: (b) Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000 or both such imprisonment and fine, at the discretion of the court; (c) Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of the court; (d) If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings; (d) In every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board, as the case may be, both of which are authorized to use the same exclusively to promote their objectives. For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise. In addition, the alien worker shall be subject to deportation after service of his sentence. BOOK TWO Human Resources Development Program TITLE I National Manpower Development Program CHAPTER I National Policies and Administrative Machinery for their Implementation ART. Directors shall be appointed by the President on the recommendations of the Secretary of Labor. Consultants and technical assistance, publication and research. - The Council shall define its broad functions and issue appropriate rules and regulations necessary to implement the provisions of this Code. - This Titlems: (1) To help meet the demand of the economy for trained manpower; (2) To establish a national apprenticeship program through the participation of employers, workers, and government and non-government agencies; and (3) To establish apprenticeship standards for the protection of apprentices. (c) An “apprenticeship occupation” means any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction. Trade and industry associations may recommend to the Secretary of Labor appropriate educational requirements for different occupations. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration.
Such fees shall be deposited in the National Treasury as a special account of the General Fund, for the promotion of the objectives of the Bureau of Employment Services, subject to the provisions of Section 40 of Presidential Decree No. Upon expiration of the corresponding period, a certification stating why a decision or resolution has not been rendered within the said period shall be issued forthwith by the Chairman of the Commission, the Executive Labor Arbiter, or the Director of the Bureau of Labor Relations or Med-Arbiter, or the Regional Director, as the case may be, and a copy thereof served upon the parties. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and to his backwages computed from the time his compensation was withheld from him up to time of his actual reinstatement. A fraction of at least six (6) months shall be considered one (1) whole year. Violation of this provision is hereby declared unlawful and subject to the penal provisions under Article 288 of this Code. - Except as otherwise provided in this Code, or unless the act complained of hinges on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00), or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court. - Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three years. All money claims accruing prior to the effectivity of this Code shall be filed with the appropriate entities established under this Code within one year from the date of such effectivity, and shall be processed or determined in accordance with implementing rules and regulations of the Code; otherwise they shall be forever barred. - Money claims specified in the immediately preceding Article shall be filed before the appropriate entity independently of the criminal action that may be instituted in the proper courts. - All actions or claims accruing prior to the effectivity of this Code shall be determined in accordance with the laws in force at the time of their accrual. - Within six months after this Code takes effect, the Secretary of Labor and Employment shall initiate such measures as may be necessary for the integration of maternity leave benefits into the Social Security System in the case of Private employment and the Government Service Insurance System in the case of public employment. - The Overseas Employment Development Board and the National Seaman Board referred to in Articles 16 and 20, respectively, of this Code shall initially be funded out of the unprogrammed fund of the Department of Labor and Employment and the National Manpower and Youth Council. All unexpended funds, properties, and equipment of the National Labor Relations Commission established under Presidential Decree No. - All cases pending before the Court of Industrial Relations and the National Labor Relations Commission established under Presidential Decree No. - If any provision or part of this Code, or the application thereof to any person or circumstance, is held invalid, the remainder of this Code, or the application of such provision or part to other persons or circumstances, shall not be affected thereby. Done in the City of Manila, this 1st day of May in the year of our Lord nineteen hundred and seventy-four. - (a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authorities shall be deemed illegal and punishable under Article 39 of this Code. - To carry out the objectives of this Title, the National Manpower and Youth Council, which is attached to the Department of Labor and Employment for policy and program coordination and hereinafter referred to as the Council, shall be composed of the Secretary of Labor and Employment as ex-officio chairman, the Secretary of Education, Culture and Sports as ex-officio vice-chairman, and as ex-officio members: the Director-General of the National Economic and Development Authority; the Secretary of Agriculture; the Secretary of Natural Resources; the Chairman of the Civil Service Commission; the Secretary of Social Welfare; the Secretary of Local Government and Community Development, the Chairman of the National Science Development Board; the Secretary of Trade and Industry and the Director-General of the Council. - The Council shall formulate a long-term national manpower plan for the optimum allocation, development and utilization of manpower for employment, entrepreneurship and economic and social growth. - There shall be national skills standards for industry trades to be established by the Council in consultation with employers and workers organizations and appropriate government authorities. The Council shall exercise, through the Secretariat, authority and jurisdiction over, and administer, on-going technical assistance programs and/or grants-in-aid for manpower and youth development including those which may be entered into between the Government of the Philippines and international and foreign organizations and nations, as well as persons and organizations in the Philippines. - The Council shall utilize the employment service of the Department of Labor and Employment for the placement of its graduates. There shall be a review of the said scheme two years after its implementation. The Director-General shall have the rank and emoluments of an undersecretary and shall serve for a term of ten (10) years. - Apprenticeship agreements, including main rates of apprentices, shall conform to the rules issued by the Secretary of Labor and Employment. Actual training of apprentices may be undertaken: (a) In the premises of the sponsoring employer in the case of individual apprenticeship programs; (b) 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 (c) In a Department of Labor and Employment training center or other public training institution. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. - The Council shall provide through the Secretariat instructor training, entrepreneurship development, training in vocations, trades and other fields of employment, and assist any employer or organization in training schemes designed to attain its objectives under rules and regulations which the Council shall establish for this purpose. - An additional deduction from taxable income of one-half of the value of labor training expenses incurred for development programs shall be granted to the person or enterprise concerned provided that such development programs, other than apprenticeship, are approved by the Council and the deduction does not exceed ten percent (10%) of direct labor wage. The Secretariat shall be under the administrative supervision of the Secretary of Labor and shall have an Office of Manpower Planning and Development, an Office of Vocational Preparation, a National Manpower Skills Center, regional manpower development offices and such other offices as may be necessary. - Any of the apprenticeship schemes recognized herein may be undertaken or sponsored by a single employer or firm or by a group or association thereof, or by a civic organization. Investigation of violation of apprenticeship agreement. - Upon complaint of any interested person or upon its own initiative, the appropriate agency of the Department of Labor or its authorized representative shall investigate any violation of any apprenticeship agreement pursuant to such rules and regulations as may be prescribed by the Secretary of Labor. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order.Remember, with British Sex Contacts™ there are NO subscription fees and NO membership fees. If you are having problems logging into your account Click here Form Errors If you are getting the error 'Email Address is already in use' this means someone has already joined using this email address.If you have forgotten your password click here to retrieve your password.
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