R.A. No. 11230 or the Tulong-Trabaho Act | Apprentices and learners | Working conditions for special workers | LABOR STANDARDS

All-Encompassing Discussion on R.A. No. 11230 (Tulong-Trabaho Act)

Introduction and Legislative Intent
Republic Act No. 11230, commonly known as the “Tulong-Trabaho Act,” was signed into law on February 22, 2019. It represents the Philippine government’s initiative to strengthen the national workforce by narrowing the skills gap, addressing job-skill mismatches, and improving the overall employability of Filipino workers. While not an amendment to traditional apprenticeship and learnership provisions directly, the Tulong-Trabaho Act is closely related in spirit and function to the existing labor framework for special categories of workers (e.g., apprentices, learners, and trainees). It complements existing labor standards by providing an avenue for continuous skills development aligned with industry demand.

Scope and Purpose
The Tulong-Trabaho Act aims to:

1. Enhance the Philippine workforce’s competitiveness by ensuring that workers, especially those belonging to vulnerable groups or those currently unemployed, have access to quality technical-vocational education and training (TVET) programs.
2. Reduce the job-skill mismatch that plagues many industries, thus ensuring that learners and apprentices acquire competencies that are in high demand.
3. Strengthen existing apprenticeship and learnership frameworks by providing an alternative or supplementary pathway for individuals to gain the requisite skills, thereby supporting the country’s broader labor policies that promote decent work and economic growth.

Key Features of the Tulong-Trabaho Act

1. Creation of the Tulong-Trabaho Fund:

   • The Act establishes a Tulong-Trabaho Fund—an allocation specifically dedicated to financing free access to select TVET programs for qualified beneficiaries.
   • This Fund covers the cost of training, including tuition, assessment fees, and other related expenses, thereby removing the financial barriers that historically limited many Filipinos from obtaining in-demand technical skills.
   • The intent is to democratize skill acquisition, ensuring inclusivity for out-of-school youth, unemployed workers, and incumbent workers looking to shift careers or upskill.

2. Role of TESDA (Technical Education and Skills Development Authority):

   • TESDA is the principal implementing agency. It sets the standards, accredits training providers, and ensures that programs meet industry-driven competencies.
   • TESDA’s mandate includes continuous labor market analysis, guaranteeing that the training courses subsidized by the Tulong-Trabaho Fund match current and projected labor market demands.

3. Tulong-Trabaho Technical Education and Skills Development Committee (TTTSDC):

   • The law establishes the TTTSDC, a specialized committee composed of representatives from TESDA, relevant government agencies, industry boards, and other stakeholders.
   • The Committee identifies priority sectors and key skill areas where training vouchers will be focused. It ensures that public funds respond flexibly to the changing needs of the economy.

4. Training Vouchers and Beneficiaries:

   • The Act introduces a voucher system allowing beneficiaries to enroll in selected TVET programs without paying the usual costs.
   • Beneficiaries typically include unemployed individuals, marginalized groups, and employed workers seeking to adapt to new technologies or shift career paths.
   • Training vouchers are not generic; they are allocated based on labor market analysis, ensuring that learners gain skills relevant to actual vacancies and emerging opportunities.

5. Accredited Training Institutions and Quality Assurance:

   • Only TESDA-accredited institutions offering in-demand and quality-assured TVET programs are eligible to provide training under the Tulong-Trabaho Fund.
   • This ensures that the training received by apprentices, learners, and other trainees meets rigorous standards, thus promoting the production of workforce-ready graduates.

6. Industry-Driven and Demand-Based Approach:

   • The Act is highly responsive: priority courses may be updated periodically based on industry consultations, labor market trends, and emerging technologies.
   • By emphasizing industry involvement, the Tulong-Trabaho Act ensures that training leads directly to enhanced employability, improved labor standards adherence, and better working conditions once graduates enter the workforce.

Relationship to Apprentices and Learners Under Labor Law

• Apprenticeship and Learnership Context: Under the Labor Code of the Philippines and its implementing rules, apprentices and learners are special categories of workers who undergo employer-supervised training to gain competencies for eventual regular employment. These traditional programs require close employer-employee relationships, often with the company sponsoring training and providing allowances.

• Complementary Role of Tulong-Trabaho Act:

  • While the Tulong-Trabaho Act does not alter the statutory provisions for apprentices or learners, it provides a parallel or complementary pathway for individuals to acquire the skills that may later qualify them for apprenticeship or direct employment.
  • Apprentices and learners typically enter into training arrangements with a specific employer. In contrast, under the Tulong-Trabaho framework, the State shoulders the training cost, and the trainee may select from a broad range of accredited institutions and courses linked to in-demand competencies.
  • This means an aspiring apprentice might first gain foundational skills through a Tulong-Trabaho voucher-funded TVET program. Afterward, they could enter an apprenticeship arrangement with a better skills baseline, increasing their odds of secure, decent, and ultimately regular employment.

Impact on Labor Standards and Working Conditions

• Improving the Quality of Labor Supply: By producing workers who meet the industry standards from the onset, employers may be more inclined to maintain decent working conditions to retain such qualified manpower. Higher skill levels often lead to better bargaining positions for workers and potentially improved job terms.

• Facilitating Compliance and Reducing Turnover: Skilled workers who efficiently perform their jobs reduce turnover and inefficiency costs. This stable workforce environment often encourages compliance with labor standards, proper wage scales, and other social legislation. The law indirectly supports a culture of compliance and good working conditions by fostering a pool of workers valuable enough that employers invest in retaining them.

• Advancing Career Progression and Lifelong Learning: The Tulong-Trabaho Act acknowledges that skills development is not static. It supports continuous upskilling and reskilling, enabling workers to keep pace with technological advancements. As workers climb the skill ladder, they often move into roles that carry better wages, safer working conditions, and more stable employment—fundamentally enhancing labor standards within various industries.

Monitoring, Evaluation, and Transparency Mechanisms

• The Act requires periodic reporting, monitoring, and evaluation of the training programs. TESDA and the TTTSDC regularly assess the efficacy of the courses offered, ensuring that public funds translate to tangible employment outcomes.
• Such oversight maintains accountability and fosters continuous improvement, ensuring that beneficiaries of the Tulong-Trabaho Program truly gain competencies that lead to viable employment options.

Conclusion
R.A. No. 11230, or the Tulong-Trabaho Act, is a pivotal piece of legislation aimed at bridging skills gaps and improving the nation’s workforce quality. While not directly modifying the provisions on apprenticeship and learnership, it strengthens the entire labor ecosystem by enhancing the competencies of workers, thus harmonizing with the objectives of labor standards and social legislation to improve working conditions. Through accessible TVET programs, industry-driven training curricula, and a supportive policy framework, the Tulong-Trabaho Act empowers apprentices, learners, and other special classes of workers to secure better, more stable employment and fosters a labor market conducive to decent and productive work.

The Dual Training System Act: R.A. No. 7686, R.A. No. 10869 or the Jobstart Philippines Act | Apprentices and learners | Working conditions for special workers | LABOR STANDARDS

Overview and Legislative Framework

In the Philippines, labor standards and social legislation governing special categories of workers—specifically apprentices, learners, and job entrants—are defined and refined through various statutes. Among these are Republic Act (R.A.) No. 7686, also known as the "Dual Training System Act of 1994," and R.A. No. 10869, known as the "JobStart Philippines Act." These laws collectively aim to integrate theoretical learning with hands-on training, improve employability, enhance job matching, and establish a policy framework that assists young Filipinos and new entrants to the labor force to develop the necessary competencies and qualifications for gainful employment.

I. R.A. No. 7686 (The Dual Training System Act of 1994)

1. Purpose and Policy Goals:
   Enacted to institutionalize a system of vocational and technical education that combines in-plant training and in-school theoretical instruction, the Dual Training System (DTS) Act promotes a harmonized and partnership-driven approach to skills development. The law’s underlying objective is to produce skilled workers who meet industry standards, thereby fostering higher productivity and encouraging broader private sector participation in workforce development.

2. Concept of the Dual Training System (DTS):
   The DTS is modeled on systems prevalent in countries like Germany, adapting them to the Philippine context. It involves a contractual arrangement among three key parties:

   • The Accredited Dual Training System Educational Institution (DTS Institution): A school or training center that imparts theoretical knowledge and foundational skills.
   • The Accredited Training Establishment (ATE): A company or enterprise that provides practical, on-the-job training (OJT) aligned with the theoretical component delivered by the educational institution.
   • The Student/Trainee: An apprentice or learner who splits his/her time between the classroom (for concepts and principles) and the workplace (for hands-on experience).

   The training typically follows a structured curriculum jointly developed by the educational institution and the participating enterprise. It ensures that trainees acquire not only technical know-how but also work ethics, discipline, and values consistent with industry practices.

3. Accreditation and Standards:
   The Technical Education and Skills Development Authority (TESDA) is the primary regulatory and oversight body entrusted with:

   • Establishing and enforcing accreditation standards for DTS institutions and ATEs.
   • Setting the minimum requirements for training curricula, including the ratio of theoretical to practical training hours.
   • Monitoring compliance to ensure that the quality of training meets both educational and industry standards.

4. Contractual Arrangements and Conditions:
   The trainee under DTS is not considered a regular employee. Instead, the arrangement is governed by a training contract approved by TESDA. Key contractual conditions include:

   • A defined training period, usually not exceeding three (3) years.
   • Payment of a training allowance (often a percentage of the minimum wage) by the training establishment, taking into consideration the trainee’s productive work output.
   • Provision for social protection: While not considered employees for purposes of tenure, trainees are often covered by certain social benefits, e.g., insurance against accidents.

5. Advantages and Incentives for Enterprises and Schools:
   The law provides incentives, including:

   • Tax deductions on training expenses for participating companies.
   • Potential government subsidies for accredited educational institutions.
   • Access to a pool of well-trained future employees, reducing recruitment and initial training costs.

6. Benefit to Trainees:
   DTS participants gain industry-relevant skills, improving their employability and career prospects. They earn theoretical credentials recognized by TESDA and practical experience valued by employers. This system addresses the mismatch between educational output and labor market needs by ensuring that what is learned is directly applicable to the workplace.

II. R.A. No. 10869 (The JobStart Philippines Act of 2016)

1. Purpose and Policy Direction:
   The JobStart Philippines Act aims to enhance the employability of young Filipinos and other unemployed individuals through a full-cycle employment facilitation service, including life skills training, technical training, and paid internships. It is part of the government’s strategy to address unemployment, underemployment, and job-skills mismatch.

2. Key Components of JobStart Philippines:

   • Registration and Profiling: Jobseekers, typically youth and those with limited work experience, register with Public Employment Service Offices (PESOs). They undergo assessment and profiling to identify their skills, aptitudes, and job preferences.
   • Life Skills Training (LST): Before engagement with an employer, participants receive life skills training that covers personal development, work ethics, financial literacy, interpersonal communication, and problem-solving.
   • Technical Training and Paid Internship: After LST, participants may be matched with employers for technical training specific to the industry. This leads to a paid internship, where the participant works closely with the employer, receives a stipend or allowance, and gains real-world exposure.

   Unlike a typical dual training program that explicitly splits learning between a school and a company, JobStart’s focus is on streamlined career guidance, employability enhancement, and short-term internships that often result in regular employment.

3. Role of Stakeholders:

   • Department of Labor and Employment (DOLE) and PESOs: They administer the program, coordinate with employers, and provide job matching services.
   • Employers: They partner with the government and are provided incentives (such as partial government subsidies for training costs, or reimbursements for training allowances) to mentor and train JobStart participants. Employers benefit by potentially integrating well-prepared interns into their workforce.
   • Participants: They gain meaningful work experience, a structured learning environment, and improved prospects for long-term, stable employment.

4. Incentives and Compliance:

   • The JobStart Act grants participating employers support for training costs and allowances during the internship period.
   • It ensures compliance with labor standards, requiring that interns be treated fairly and given the proper environment to learn and contribute productively.
   • The program helps address both frictional and structural unemployment by bringing together government facilitation, employer participation, and trainee development.

5. Impact on Apprentices and Learners:

   • While not a traditional apprenticeship model, the JobStart Philippines Act complements existing apprenticeship and learnership laws by providing a structured, government-assisted pathway into gainful employment.
   • By focusing on jobseekers who may not yet have the advantage of lengthy vocational training or post-secondary education, it fills gaps left by other training systems and expands the range of options for unemployed youth.

III. Comparative Aspects Between the Dual Training System (R.A. No. 7686) and the JobStart Philippines Act (R.A. No. 10869)

1. Nature of Training:

   • DTS (R.A. 7686): Structured long-term program combining theoretical and practical training. Heavy involvement of accredited schools and training centers in conjunction with enterprises.
   • JobStart (R.A. 10869): Shorter, more flexible program emphasizing job readiness, soft skills, and rapid job placement through short-term technical training and paid internship arrangements.

2. Institutional Involvement:

   • DTS: TESDA-accredited educational institutions and companies form an integral partnership.
   • JobStart: Primarily driven by DOLE through PESOs, with direct employer partnerships and life skills training providers.

3. Target Beneficiaries:

   • DTS: Individuals seeking to master a trade or technical skill through a formal combination of classroom-based learning and on-the-job training.
   • JobStart: Broad range of young jobseekers and the unemployed who need immediate preparation for and exposure to the labor market, focusing on rapid employability.

4. Outcome and Integration into Employment:

   • DTS: Generally produces skilled workers with TESDA certification, facilitating future full employment. The trajectory is typically longer and more technical, resulting in mid-level skilled professionals.
   • JobStart: Designed as an accelerated bridge to immediate employment. While it may not produce deeply specialized skills as DTS does, it significantly improves soft skills, overall employability, and job readiness within a shorter timeframe.

IV. Legal and Regulatory Considerations

1. Implementation and Oversight Authorities:

   • DTS under R.A. 7686: Regulated by TESDA. TESDA sets standards, approves training curricula, accredits institutions, and monitors compliance.
   • JobStart under R.A. 10869: Implemented by DOLE in coordination with local government units (LGUs) and PESOs, with support from TESDA or other training providers for upskilling and life skills training.

2. Rights and Protections of Trainees:

   • Both programs ensure that trainees or interns are not exploited as cheap labor. Regulations often mandate allowances, clear contractual terms, and safe working conditions.
   • Under DTS, the training allowance is stipulated in the training contract, while in JobStart, a stipend or allowance is provided during the internship period.
   • Both laws ensure that participants are given opportunities for acquisition of skills, with checks and balances against unjust treatment or discrimination.

3. Interaction with Existing Labor Standards:

   • Trainees under DTS and interns under JobStart are not regular employees. Hence, standard rules on security of tenure generally do not apply. However, minimum standards regarding occupational safety, health, and basic rights are upheld.
   • Both laws complement the Labor Code provisions on apprenticeship and learnership (Articles 59-77 of the Labor Code, as amended) by creating tailored pathways that address specific labor market gaps.

V. Strategic Importance and Future Directions

1. Addressing Skills Mismatch:

   • The Dual Training System and JobStart Act each address the persistent problem of skills mismatch in the Philippines: DTS does so by closely aligning curriculum with industry needs, and JobStart does so by rapidly bridging unemployed youth with job opportunities and preparing them with essential employability skills.

2. Industry Engagement:

   • Both laws promote private sector involvement. DTS relies heavily on industry partnerships for the practical training component, while JobStart encourages employers to participate in nurturing new talent pools, supported by government facilitation and incentives.

3. Continuous Improvement and Expansion:

   • Implementation agencies regularly refine program guidelines. TESDA updates accreditation and quality standards for DTS, while DOLE and PESOs continuously improve the JobStart program to increase coverage, improve matching technology, and expand employer participation.
   • Both systems are expected to evolve to meet emerging labor market trends, incorporate digital learning tools, and align with new occupational standards in a rapidly changing economy.

Conclusion

The Dual Training System Act (R.A. No. 7686) and the JobStart Philippines Act (R.A. No. 10869) represent robust policy instruments embedded within the Philippines’ labor law and social legislation framework. By catering to different segments of the workforce—those needing structured technical education through DTS, and those seeking immediate employment readiness through JobStart—these laws collectively enhance the continuum of workforce development. They provide mechanisms for securing industry-relevant skills, bridging educational outcomes with labor market demands, and fostering a more inclusive, employable, and adaptive Filipino labor force.

Apprentices and learners | Working conditions for special workers | LABOR STANDARDS

Legal Framework and Key Concepts
In the Philippines, the employment and training of apprentices and learners are governed primarily by the Labor Code of the Philippines (Presidential Decree No. 442, as amended), particularly under Book II, Title II, and related Department of Labor and Employment (DOLE) regulations and issuances. Complementing these rules are the guidelines and certifications administered by the Technical Education and Skills Development Authority (TESDA) under R.A. No. 7796. The overarching intent of these provisions is to balance the need for employers to develop a skilled and semi-skilled workforce through training with the imperative to protect trainees from exploitation and ensure decent working conditions.

Distinction Between Apprentices and Learners

1. Apprentices:

   • Nature of the Training: Apprenticeships are designed for the systematic acquisition and development of skills in trades or occupations that typically require more than three (3) months of training. These occupations are usually more technical, specialized, or skilled in nature, involving competencies not readily acquired through short-term instruction.
   • Legal Definition: An apprentice is a worker covered by a written apprenticeship agreement with an employer who is engaged in the production of goods or services, and who has undertaken to employ the apprentice for a stipulated period to receive training and experience in a given trade.
   • Program Approval: Each apprenticeship program must be approved by the DOLE. The training plan should be clearly defined, setting forth learning objectives, methods of instruction, performance evaluation criteria, and an agreed duration. Some programs may also require registration or coordination with TESDA.
   • Duration: Apprenticeship periods generally exceed three (3) months and may last up to six (6) months or longer, depending on the complexity of the trade. The exact duration must be established in the apprenticeship agreement.
   • Wages and Benefits: Apprentices receive compensation equivalent to at least seventy-five percent (75%) of the applicable minimum wage. Although they are not yet considered regular employees, apprentices are generally entitled to other labor standards benefits that are not inherently inconsistent with the training arrangement (e.g., coverage under Social Security System (SSS), Pag-IBIG, PhilHealth, and certain applicable safety and health standards).
   • Employment Status Post-Apprenticeship: Upon completion of the apprenticeship period, the employer is generally encouraged, if not obligated under the approved program, to offer employment if the apprentice’s performance meets the required standard. Apprentices who satisfactorily complete their training and are retained become regular employees from the date of hiring as apprentices if such intent is stipulated, or from the date of actual appointment to a regular position.

2. Learners:

   • Nature of the Training: Learnerships are intended for workers who need to acquire practical skills within a relatively short period (no more than three (3) months) for employment in semi-skilled or other occupations that do not require extensive specialization. These are typically less complex than those covered by apprenticeship programs.
   • Legal Definition: A learner is a person hired as such in a semi-skilled job, under a learnership agreement approved by the DOLE, for a period not exceeding three (3) months.
   • Program Approval: Similar to apprenticeship, the employer must have a training program for learners approved by the DOLE. The agreement must detail the nature, schedule, and scope of training; the wages; and the obligation of the employer upon the learners’ successful completion.
   • Duration: The training period for learners cannot exceed three (3) months.
   • Wages and Benefits: Learners receive a wage of not less than seventy-five percent (75%) of the applicable minimum wage. Like apprentices, learners are entitled to certain labor standard benefits compatible with the nature of the training arrangement.
   • Post-Training Employment: Employers are expected to hire learners who satisfactorily complete their training, unless it is shown that the learner is not suitable for employment in the job classification for which they were trained. The intent is to prevent employers from using learners merely as a source of cheap labor without the ultimate aim of granting them regular employment where appropriate.

Mandatory Requirements and Restrictions

1. Written Agreements: Both apprenticeships and learnerships must be covered by written training agreements, stipulating the conditions of the training, including the nature of the work, wages, training duration, and the obligations of both parties. These agreements require approval from the DOLE to ensure compliance with legal standards and to prevent abuses.
2. Minimum Age and Qualification Standards:
   • Apprentices and learners must meet minimum age requirements—generally at least 15 years old—subject to existing laws on child labor which restrict the employment of minors below 18 years old in hazardous occupations.
   • Apprentices often must meet certain educational qualifications or aptitude standards pertinent to the complexity of the trade.
   • Learners need only have the potential to acquire the minimum skills necessary for the semi-skilled occupation within the training period.
3. No Exploitation or Cheap Labor Schemes: DOLE and TESDA guidelines explicitly prohibit using apprenticeship or learnership programs as a pretext for gaining cheap labor. Employers are forbidden from hiring apprentices or learners to perform tasks unrelated to the training objective or to fill positions that would otherwise be performed by regular workers without the genuine intent of skill transfer and eventual job placement.
4. Approval, Monitoring, and Enforcement by DOLE and TESDA:
   • DOLE is tasked with evaluating, approving, and registering apprenticeship and learnership programs, as well as monitoring compliance.
   • TESDA may be involved in crafting qualification standards, competency requirements, and the issuance of appropriate certifications.
   • Non-compliance with approved training standards, failure to provide agreed-upon wages or benefits, or abuse of the apprentice/learner system may lead to administrative sanctions, fines, and even cancellation of the employer’s training accreditation.
5. Limitations on the Number of Apprentices/Learners:
   • DOLE regulations may set limitations or ratios on how many apprentices or learners an employer may engage relative to its regular workforce, preventing the displacement of regular employees and maintaining a balance between training and stable employment.

Relationship to Other Training Modalities

• Dual Training System (DTS): Apprentices and learners may be integrated into the Dual Training System, where training is conducted both in the school or training center and in the company. TESDA sets accreditation standards for DTS, ensuring that theoretical instruction is complemented by supervised practical training.
• Probationary Employment vs. Apprenticeship/Learnership: Apprenticeship and learnership are distinct from probationary employment. The purpose of an apprenticeship/learnership agreement is skill acquisition for eventual employment as a skilled or semi-skilled worker, whereas probationary employment tests the suitability of the worker for regularization in a position they are already qualified to perform. While some employers may treat an apprenticeship as a form of probation, the Labor Code and DOLE rules distinguish them clearly, with an emphasis on structured training as opposed to mere employee evaluation.

Conclusion
In sum, the legal framework on apprentices and learners in the Philippines seeks to foster human capital development through structured training programs that bridge the gap between theoretical learning and practical skills. While it offers employers a mechanism to cultivate a skilled workforce aligned with their production needs, it also imposes clear and strict safeguards to ensure that these special arrangements are not used as a shortcut to deny the full benefits and security of regular employment. By balancing the employer’s need for skilled labor and the worker’s right to just compensation and meaningful occupational training, the laws on apprentices and learners form a cornerstone of Philippine labor standards and social legislation.