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
