evangelistajer

Labor Standards – Usec. Jimenez

Book II
APPRENTICESHIP
Article 57. Statement of Objectives – This Title aims:
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.
Article 58. Definition of Terms – As used in this Title:
a. Apprenticeship means practical training on the job supplemented by related theoretical
instruction.
b. An apprentice is a worker who is covered by a written apprenticeship agreement with
an individual employer or any of the entities recognized under this Chapter.
c. An apprenticeable 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.
d. Apprenticeship agreement is an employment contact wherein the employer binds
himself to train the apprentice and the apprentice in return accepts the terms of
training.
Article 59. Qualifications of 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 appropriate tests; and
c. Possess the ability to comprehend and follow oral and written instructions.
Trade and industry associations may recommend to the Secretary of Labor appropriate
educational requirements for different occupations.
Article 60. Employment of Apprentices – Only employers in the highly technical industries may
employ apprentices and only apprenticeable occupations approved by the Secretary of Labor
and Employment.
LEARNERSHIP
Article 73. Learnes Defined – 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.
Article 74. When Learners May Be Hired – Learners may be employed when no experienced
workers are available, the employment of learners is necessary to prevent curtailment of
employment opportunities, and the employment does not create unfair competition in terms of
labor costs or impair or lower working standards.
Article 75. Learnership Agreement – Any employer desiring to employ learners shall enter into a
learnership agreement with them, which 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
percent (75%) of the applicable minimum wage; and
d. A commitment to employ the learners if they so desire, as regular employees upon
completion of the learnership. All learners who have been allowed or suffered to work
during the first two (2) months shall be deemed regular employees if training is
terminated by the employer before the end of the stipulated period through no fault of
the learners.
The learnership agreement shall be subject to inspection by the Secretary of Labor and
Employment or his duly authorized representative.

Book III
EMPLOYMENT OF WOMEN
Article 130. Facilities for Women – The Secretary of Labor and Employment shall establish
standards that will ensure the safety and health of women employees. In appropriate cases
he shall, by regulations, require any employer to:
a. Provide seats proper for women and permit them to use such seats when they are free
from work and during working hours, provided they can perform their duties in this
position without detriment to efficiency;
b. To establish separate toilet rooms and lavatory for men and women and provide at least
a dressing room for women;
c. To establish a nursery in a workplace for the benefit of the women employees therein;
and
d. To determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those of flight attendants and the like.
EMPLOYMENT OF NIGHT WORKERS
Article 154. Coverage – This chapter shall apply to all persons, who shall be employed or
permitted or suffered to work at night, except those employed in agriculture, stock, raising,
fishing, maritime transport and inland navigation, during a period of not less than seven (7)
consecutive hours, including the interval from midnight to five o’clock in the morning, to be
determined by the Secretary of Labor and Employment, after consulting the worker’s
representatives/ labor organizations and employees.
Night worker means any employed person whose work requires performance of a
substantial number of hours of night work which exceeds a specified limit. This limit shall be
fixed by the Secretary of Labor after consulting the workers’ representatives/ labor
organizations and employers.
Article 155. Health Assessment – At their request, workers shall have the right to undergo a
health assessment, without charge and to receive advice on how to reduce or avoid health
problems associated with their work:
a. Before taking up an assignment as a night worker;
b. At regular intervals during such and assignment;
c. If they experience health problems during such an assignment which are not caused by
factors other than the performance of night work.
With the exception of a finding of unfitness for night work, the findings of such assessments
shall not be transmitted to others without the workers’ consent and shall not be used to
their detriment.
Article 156. Mandatory Facilities – Suitable first-aid facilities shall be made available for
workers performing night work, including arrangements where such workers where
necessary, can be taken immediately to a place for appropriate treatment. The employers
are likewise required to provide safe and healthful working conditions and adequate or
reasonable facilities such as sleeping or resting quarters in the establishment and
transportation from the work premises to the nearest point of their residence subject to
exceptions and guidelines to be provided by the DOLE.
Article 157. Transfer – Night workers who are certified as unfit for night work, due to health
reasons, shall be transferred, whenever applicable, to a similar job for which they are fit to
work.
If such transfer to a similar job is not practicable, these workers shall be granted the same
benefits as other workers who are unable to work, or to secure employment during such
period.
A night worker certified as temporarily unfit for night work shall be given the same
protection against dismissal or notice of dismissal as other workers who are prevented from
working for reasons of health.
Article 158. Women Night Workers – Measures shall be taken to ensure that an alternative
to night work is available to women workers who would otherwise be called upon to
perform such work:
a. Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be
divided between the time before and after childbirth;
b. For additional periods, in interest of which a medical certificate is produced stating that
said additional periods are necessary for the health of the mother or child:
1. During pregnancy
2. During a specified time beyond the period after childbirth is fixed pursuant to
subparagraph a, the length of which shall be determined by the DOLE after
consulting the labor organizations and employees.
During the periods referred to in this article:
i. A woman worker shall not be dismissed or given notice of dismissal

Article !61