Learners

Updated on

Learners are workers 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.

1. Concepts

“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 73, P.D. 442, Labor Code)

2. 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 74, Ibid.)

3. Learnership Agreement

Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include:

1) The names and addresses of the learners;

2) The duration of the learnership period, which shall not exceed three (3) months;

3) 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

4) 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. (Article 75, Ibid.)

4. Learners in Piecework

Learners employed in piece or incentive-rate jobs during the training period shall be paid in full for the work done. (Article 76, Ibid.)

References

⦁ Book II, Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

Labor Law PH

LABORLAW.PH is the primary learning and resource site for Philippine Labor and Employment Laws.

Similar Posts

  • Surface Mine Workers

    1. Concepts “Surface mine workers” – shall only include mill plant workers, electrical, mechanical and tailings pond personnel. (Paragraph 6, Article 302, P.D. 442, Labor Code, as amended by R.A. 10757) 2. Retirement An underground or surface mining employee upon reaching the age of fifty (50) years or more, but not beyond sixty (60) years…

  • Drivers

    1. Concept Drivers – refers to those who drive a car or vehicle for a living. 2. Kinds of drivers There generally two (2) kinds of drivers: 1) Independent contractors; and 2) Employees. a. Drivers as independent contractors Drivers who are independent contractors offer their services to another who is the client or customer without…

  • Project Employment Contract

    Summary ⦁ A project employment contract is an employment arrangement between an employer and a project employee wherein the latter’s employment has been fixed for a specific project or undertaking. ⦁ The project’s completion or termination should be determined or determinable at the time of the engagement of the project employee. ⦁ The existence of…

  • Managerial Staff

    1. Summary ▪ Officers or members of a managerial staff’s primary duty consists of the performance of work directly related to management policies of their employer. 2. Concept Officers or members of a managerial staff are those who perform the following duties and responsibilities: 1) The primary duty consists of the performance of work directly…

  • Rank-and-File Employees

    1. Summary ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees. 2. Concept “Managerial employee” is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the…