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

  • Managerial Employees

    1. Summary ▪ Managerial employees have various definitions under the Labor Code. 2. Concept Managerial employees have various definitions under the Labor Code. The term varies depending on the Book or Title where managerial employees are being discussed or covered by certain provisions as will be discussed herein. a. Labor Code – Book Three, Title…

  • Drug Test

    Making a job applicant take a drug test as a pre-employment requirement is an exercise of management prerogative. What’s the legal basis? It appears that there is confusion on the legal basis for drug test as a pre-employment requirement. While random drug testing for those who are already employees is clearly provided for in Republic…

  • 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…

  • Homeworkers

    Industrial workers are those who perform work in or about a home. 1. Concepts “Employer of homeworkers” – includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: 1)…

  • Hepatitis B Test

    1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of the requirements prior to employment. It may be in the form of documentary submission, a medical examination, or an assessment or evaluation of an individual’s knowledge, skills, and competence. 2. Pre-employment requirement as a management…