Part IV: Human Resources Development
designated by such member for the purpose.
RA 7796: Technical Education
and Skills Development Authority
What is TESDA? (Section 5)
Also known in RA 7769 as The Authority shall replace and
absorb
1. the National Manpower and Youth Council (NMYC),
2. the Bureau of Technical and Vocational Education
(BTVE) and
3. the personnel and functions pertaining to technical-
vocational education in the regional offices of the
Department of Education, Culture and Sports (DECS)
4. and the apprenticeship program of the Bureau of Local
Employment of the Department of Labor and
Employment.
Composition (Section 7)
The Authority shall be composed of the:
1. TESDA Board and
2. TESDA Secretariat.
TESDA Board is composed of:
1. Chairperson
a. The Secretary of Labor and Employment
2. Co- Chairpersons
a. Secretary of Education, Culture and Sports
b. Secretary of Trade and Industry
3. Members:
a. Secretary of Agriculture
b. Secretary of Interior and Local Government
c. Director-General of the TESDA Secretariat
4. Members appointed by the president:
a. two (2) representatives, from the
employer/industry organization, one of
whom shall be a woman;
b. three (3) representatives, from the labor
sector, one of whom shall be a woman
c. and two (2) representatives of the national
associations of private technical-vocational
education and training institutions, one of
whom shall be a woman
Rules relating to composition:
 (1/3) of their number shall expire every year
 Member from the private sector appointed thereafter
to fill vacancies caused by expiration of terms shall
hold office for three (3) years.
 President of the Philippines may, however, revise the
membership of the TESDA Board
 President of the Philippines may, however, revise the
membership of the TESDA Board
 In the absence of the Chairperson, a Co-Chairperson
shall preside.
 In case any member of the Board representing the
Government cannot attend the meeting, he or she shall
be regularly represented by an undersecretary or
deputy-director general, as the case may be, to be
Technical Education and Skills Development Committees
(Section 19)
 Established at the regional and local levels
 to coordinate and monitor the delivery of all skills
development activities by the public and private
sectors
 serve as the Technical Education and Skills
Development Committees of the Regional and local
development councils.
Skills Development Centers (Section 20)
 Established at national, regional and local skills
training centers for the purpose of promoting skills
development
 include skills training centers in vocational and
technical schools, technical institutes, polytechnic
colleges, and all other duly accredited public and
private dual system educational institutions.
Incentive Scheme (Section 27)
 developed and administered by TESDA
 to encourage government and private industries and
institutions to provide high quality technical
education and skills development opportunities.
Training and Employment of Special Workers
Apprentices
“Apprenticeship” (RA 7796, Section 4)
1. training within employment
2. with compulsory related theoretical instructions
3. involving a contract between an apprentice and an
employer
4. on an approved apprenticeable occupation;
Who is an Apprentice (RA 7796, Section 4)
1. is a person undergoing training
2. for an approved apprenticeable occupation
3. during an established period
4. assured by an apprenticeship agreement
What is an Apprenticeship Agreement (RA 7796, Section 4)
1. a contract
2. wherein a prospective employer binds himself to train
the apprentice
3. and the apprentice accepts the terms of training for a
recognized apprenticeable occupation emphasizing
the rights, duties and responsibilities of each party;
What is an “Apprenticeable Occupation”
1. is an occupation
2. officially endorsed by a tripartite body
3. and approved for apprenticeship by the Authority;
(Secretary of Labor and Employment)
4 Qualifications to be an APPRENTICE
(Section 59, Labor Code)
1. Be at least fourteen (14) years of age;
2. Possess vocational aptitude and capacity for
appropriate tests; and
3. Possess the ability to comprehend and follow oral and
written instructions.
4. Trade and industry associations may recommend to
the Secretary of Labor appropriate educational
requirements for different occupations.
2 Qualifications to be an EMPLOYER
(Section 60, Labor Code)
1. engaged in the highly technical industries
2. may employ apprentices only in apprenticeable
occupations approved by the Secretary of Labor and
Employment.
What is an “Apprenticeable Occupation”
1. is an occupation
2. officially endorsed by a tripartite body
3. and approved for apprenticeship by the Authority;
(Secretary of Labor and Employment)
Note: DOLE D.O. No. 52-03
contains the list of Apprenticeable Trades as approved by the
Secretary of Labor and Employment
What are the RULES pertaining to the Contents of an
apprenticeship agreement?
1. shall conform to the rules issued by the Secretary of
Labor and Employment
a. including the wage rates of apprentices
2. period of apprenticeship shall not exceed six months
3. Anent Apprenticeship agreements providing for wage
rates below the legal minimum wage:
a. They shall in no case start below 75 percent of
the applicable minimum wage
b. may be entered into only in accordance with
apprenticeship programs duly approved by
the Secretary of Labor and Employment.
4. DOLE shall develop standard model programs of
apprenticeship.
An Apprenticeship agreement must be signed by?
(Section 62, Labor Code)
1. The employer
a. or his agent,
b. or by an authorized representative of any of
the recognized organizations, associations or
groups
2. and by the apprentice.
IF apprenticeship agreement with a minor
a. signed in his behalf by his parent or guardian
IF NOT AVAILABLE
b. by an authorized representative of the
Department of Labor
Note:
 Every apprenticeship agreement shall be ratified by
the appropriate apprenticeship committees,
 a copy thereof shall be furnished both the employer
and the apprentice.
What are the 3 Apprenticeship Schemes
(Section 63, Labor Code)
1. Apprenticeship conducted entirely by and within the
sponsoring firm, establishment or entity;
2. Apprenticeship entirely within a
a. Department of Labor and Employment
training center
b. or other public training institution; or
3. Initial training in trade fundamentals in a training
center or other institution with subsequent actual
work participation within the sponsoring firm or entity
during the final stage of training.
3 Sponsors of Apprenticeship Program
(Section 64, Labor Code)
1. a single employer or firm
2. or by a group or association thereof
3. or by a civic organization.
3 Venues for actual training of apprentices
(Section 64, Labor Code)
1. In the premises of the sponsoring employer in the case
of individual apprenticeship programs;
2. In the premises of one or several designated firms in
the case of programs sponsored by a group or
association of employers or by a civic organization; or
3. In a Department of Labor and Employment training
center or other public training institution.
Who conducts investigation for violation of the Apprenticeship
agreement? (Art 65, Labor Code )
1. the appropriate agency of the Department of Labor
and Employment
2. OR its authorized representative
How to file an Appeal? (Art 66, Labor Code)
 File to the Secretary of Labor and Employment
 within five (5) days from receipt of the decision.
Note: The decision of the Secretary of Labor and Employment
shall be final and executory.
Exhaustion of Administrative Remedies (Art 67, Labor Code)
No person shall institute any action for the enforcement of any
apprenticeship agreement or damages for breach of any such
agreement, unless he has exhausted all available administrative
remedies.
Who Conducts the Aptitude testing of applicants?
(Art 68, Labor Code)
1. employers or entities with duly recognized
apprenticeship programs shall have primary
responsibility for providing appropriate aptitude tests
in the selection of apprentices.
 2. If they do not have adequate facilities for the purpose,
the Department of Labor and Employment shall
perform the service free of charge.
Who Conducts the Theoretical Instructions?
(Art 69, Labor Code)
1. by the employer.
2. If the latter is not prepared to assume the
responsibility, the same may be delegated to an
appropriate government agency.
General Rule: The organization of apprenticeship program shall
be primarily a voluntary undertaking by employers;
Exemptions:
1. When national security or particular requirements of
economic development so demand
a. the President of the Philippines may require
compulsory training of apprentices in certain
trades, occupations, jobs or employment
levels where shortage of trained manpower is
deemed critical as determined by the
Secretary of Labor and Employment.
Private companies employing foreign technicians are required
to set up appropriate apprenticeship programs
Where services of foreign technicians are utilized by private
companies in apprenticeable trades, said companies are
required to set up appropriate apprenticeship programs.
Requisites for Deduction on Taxable income (Art 71, LC)
Rule: (1/2) of the value of labor training expenses incurred for
developing the productivity and efficiency of apprentices shall
be deducted from the taxable income of the person or enterprise
organizing an apprenticeship program; PROVIDED:
1. That such program is duly recognized by the
Department of Labor and Employment
2. That such deduction shall not exceed ten (10%) percent
of direct labor wage
3. That the person or enterprise who wishes to avail
himself or itself of this incentive should pay his
apprentices the minimum wage.
In Nitto v NLRC;
 Whether or not the approval by DOLE of proposed
apprenticeship program is a condition sine qua non
for its validity. YES
 Capili’s apprenticeship agreement with Nito was
signed and executed on May 28, 1990 and he assumed
work by then notwithsdtanding absence of approval;
The agreement was filed with the DOLE on June 7
1990. Capili injured the leg of the secretary and worked
in a workstation where he is prohibited.
 HELD: Prior approval by the Department of Labor and
Employment of the proposed apprenticeship program
is, therefore, a condition sine qua non before an
apprenticeship agreement can be validly entered into.
Hence, since the apprenticeship agreement between
petitioner and private respondent has no force and
effect in the absence of a valid apprenticeship program
duly approved by the DOLE, private respondent’s
assertion that he was hired not as an apprentice but as
a delivery boy (“kargador” or “pahinante”) deserves
credence. He should rightly be considered as a regular
employee.
Who is a Regular Employee (Art 280 of LC)
the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of
the employer
In Century Canning Corp v CA
 Whether or not one can be an apprentice if employed
after filing but BEFORE approval of apprenticeship
agreement by TESDA
 Gloria Palad was hired as fish cleaner by Century
Canning; the Apprenticeship agreement was executed
on July 17 1997, filed in DOLE on July 25, 1997 and was
approved on Sept 26, 1997. Gloria was dismissed from
work because of her alleged inadequate performance.
CA claims that there is no valid apprenticeship
agreement since she worked 2 months before the
approval of the agreement.
 HELD: Clearly, the apprenticeship agreement was
enforced even before the TESDA approved petitioner’s
apprenticeship program. Thus, the apprenticeship
agreement is void because it lacked prior approval
from the TESDA. Hence, Palad is a regular employee.
 Why the need for prior approval of apprenticeship
agreement? Prior approval from the TESDA is
necessary to ensure that only employers in the highly
technical industries may employ apprentices and only
in apprenticeable occupations
 Why is it limited to Apprenticeable occupations? to
ensure the protection of apprentices and to obviate
possible abuses by prospective employers who may
want to take advantage of the lower wage rates for
apprentices and circumvent the right of the employees
to be secure in their employment.
Apprentices without Compensation (Art 72, LC)
The Secretary of Labor and Employment may authorize the
hiring of apprentices without compensation whose training on
the job is
 required by the school or training program curriculum
 or as requisite for graduation or board examination.
RULE with respect to Working Scholars
(IRR Book III Rule X Sec 14)
1. There is no employer-employee relationship between
students on one hand, and schools, colleges or
universities on the other,
2. where there is written agreement between them
3. under which the student agrees to work for the school
4. in exchange for the privilege to study free of charge,
5. provided the students are given real opportunities,
including such facilities as may be reasonable and
 necessary to finish their chosen courses under such training for less than 3 training period exceeds 3
agreement. months months
Job is more easily learned Job is harder; a learner is
In Filamer v IAC than apprentice so 3 never an apprentice but an
 Whether or not IRR Book III Rule X Sec 14 can be month period apprentice is conceptually
made applicable (to relieve Filamer liability) in a Civil a learner
Damages case? Employer is committed to No such commitment in
hire the learner as an an apprentice
 Funcheta as a part time janitor and student of filamer
employee after training
hit Kapunan when he was practicing to drive the
period
school vehicle.
Allowed even for non Legally allowed only on
 HELD: the act of driving the vehicle to the principal’s technical jobs highly technical industries
house was made not as a joyride but of service to the and only in apprenticeable
school which was known by the school; hence Filamer occupations approved by
and Funcheta are liable under Art 2180 of the CC. DOLE.
 Anent rule X Book III; Rule X of Book III provides
guidelines on the manner by which the powers of the
Labor Secretary shall be exercised; on what records Who are Learners? (Sec 4, RA 7796)
should be kept; maintained and preserved; on payroll; 1. refer to persons hired as trainees
and on the exclusion of working scholars from, and 2. in semi-skilled and other industrial occupations
inclusion of resident physicians in the employment 3. which are non-apprenticeable.
coverage as far as compliance with the substantive 4. Learnership programs must be approved by the
labor provisions on working conditions, rest periods, Authority.
and wages, is concerned.
 Rule X is not applicable to a civil suit for damages; Who are Learners under the Labor Code? (Art 73)
Rule X is merely a guide to the enforcement of the 1. persons hired as trainees in
substantive law on labor. The Court, thus, makes the 2. semi-skilled and other industrial occupations
distinction and so holds that Section 14, Rule X, Book 3. which are non-apprenticeable
III of the Rules is not the decisive law in a civil suit for 4. and which may be learned through practical training
damages instituted by an injured person during a on the job in a relatively short period of time which
vehicular accident against a working student of a shall not exceed three (3) months.
school and against the school itself.
 In this case The present case does not deal with a labor When may learners be hired? (Art 74)
dispute on conditions of employment between an when no experienced workers are available.
alleged employee and an alleged employer. It invokes WHY?
a claim brought by one for damages for injury caused  to prevent curtailment of employment opportunities
by the patently negligent acts of a person, against both  and the employment does not create unfair
doer-employee and his employer. Hence, the reliance competition in terms of labor costs
on the implementing rule on labor to disregard the  or impair or lower working standards.
primary liability of an employer under Article 2180 of
the Civil Code is misplaced. Learnership Agreement must contain? (Art 75)
 An implementing rule on labor cannot be used by an 1. The names and addresses of the learners;
employer as a shield to avoid liability under the 2. The duration of the learnership period,
substantive provisions of the Civil Code. a. which shall not exceed three (3) months;
3. The wages or salary rates of the learners
Learners a. which shall begin at not less than seventy-five
percent (75%) of the applicable minimum
Learners v Apprenticeship wage; and
Similarities 4. A commitment to employ the learners if they so desire,
1. They both mean training period for jobs requiring as regular employees upon completion of the
skills that can be acquired through actual work and learnership.
experience 5. hall be subject to inspection by the
2. Not as fully productive as regular workers a. Secretary of Labor and Employment or his
3. May be pad wages 25% lower than the applicable legal duly authorized representative.
minimum wage b.
Learners Apprentice When do learners Automatically become regular employees?
Trains in a semi skilled job Trains in a highly skilled All learners who:
or in industrial job found in a highly 1. have been allowed or suffered to work during the first
occupations that require technical industry and the two (2) months
 2. training is terminated by the employer before the end
of the stipulated period
3. through no fault of the learners.
Manner of Payment to Learners in Piece work (Art 76)
Learners employed in piece or incentive-rate jobs during the
training period shall be paid in full for the work done.
Penalty for Violation?
Art. 288. Penalties.
1. punished with a fine of not less than One Thousand
Pesos (P1,000.00) nor more than Ten Thousand Pesos
(P10,000.00)
2. OR imprisonment of not less than three months nor
more than three years,
3. OR both such fine and imprisonment at the discretion
of the court.
In addition to such penalty, any alien found guilty shall be
summarily deported upon completion of service of sentence.
Handicapped workers
Who are Handicapped workers?
1. those whose earning capacity is impaired by age
2. or physical or mental deficiency or injury.
Contents of an Employment Agreement with Handicapped
workers?
1. The names and addresses of the handicapped workers
to be employed;
2. The rate to be paid the handicapped workers
a. which shall not be less than seventy five (75%)
percent of the applicable legal minimum
wage;
3. The duration of employment period; and
4. The work to be performed by handicapped workers.
5. The employment agreement shall be subject to
inspection
a. by the Secretary of Labor
b. or his duly authorized representative.
May Handicapped workers be hired as apprentices or learners?
(Art 81)
YES! handicapped workers may be hired as apprentices or
learners if their handicap is not such as to effectively impede the
performance of job operations in the particular occupations for
which they are hired.
RA 7277
Who are Disabled persons?
1. those suffering from restriction or different abilities, to
perform an activity in the manner or within the range
considered normal for a human being
o Because of a result of a mental, physical or
sensory impairment,
Impairment
any loss, diminution or aberration of psychological,
physiological, or anatomical structure or function
Disability
1. a physical or mental impairment that
a. substantially limits one or more
psychological, physiological or anatomical
function of an individual or activities of such
individual;
2. a record of such an impairment; or
3. being regarded as having such an impairment;
Handicap
1. a disadvantage for a given individual,
2. resulting from an impairment or a disability,
3. that limits or prevents the function or activity, that is
considered normal given the age and sex of the
individual;
Who is a QUALIFIED INDIVIDUAL WITH A DISABILITY
1. an individual with a disability who,
a. with or without reasonable accommodations,
2. can perform the essential functions of the employment
position that such individual holds or desires.
However, consideration shall be given to the employer's judgment as
to what functions of a job are essential, and if an employer has prepared
a written description before advertising or interviewing applicants for
the job, this description shall be considered evidence of the essential
functions of the job;
RULES for the Equal employment of Handicapped workers
1. No disable person shall be denied access to
opportunities for suitable employment.
2. A qualified disabled employee shall be subject to the
same terms and conditions of employment
3. and the same compensation, privileges, benefits, fringe
benefits, incentives or allowances as a qualified able
bodied person.
4. FIVE PERCENT (5%) of all casual emergency and
contractual positions in
a. the Departments of Social Welfare and
Development;
b. Health;
c. Education,
d. Culture and
e. Sports;
f. and other government agencies, offices or
corporations engaged in social development
shall be reserved for disabled persons.
What if no open employment can be found? (Sec 6)
 the State shall endeavor to provide it by means of
sheltered employment.
 In the placement of disabled persons in sheltered
employment, it shall accord due regard to the
individual qualities, vocational goals and inclinations
to ensure a good working atmosphere and efficient
production.
What are the incentives to private entities employing disabled
persons?
 1. shall be entitled to an additional deduction, from their
gross income, equivalent to twenty-five percent (25%)
of the total amount paid as salaries and wages to
disabled persons. PROVIDED:
a. That such entities present proof as certified by
the Department of Labor and Employment
that disabled persons are under their employ:
b. That the disabled employee is accredited with
the Department of Labor and Employment
and the Department of Health as to his
disability, skills and qualifications.
Incentives for Private entities that improve or modify their
physical facilities in order to provide reasonable
accommodation for disabled persons
1. entitled to an additional deduction from their net
taxable income, equivalent to fifty percent (50%) of the
direct costs of the improvements or modifications
a. does not apply to improvements or
modifications of facilities required under
Batas Pambansa Bilang 344
Are disabled persons qualified for Apprenticeship? YES
GEN RULE: YES
PROVIDED:
1. That their handicap is not as much as to effectively
impede the performance of job operations in the
particular occupation for which they are hired;
2. That after the lapse of the period of apprenticeship, if
found satisfactory in the job performance, they shall be
eligible for employment.
Rule on Discrimination (Sec 32)
No entity, whether public or private, shall discriminate against
a qualified disabled person by reason of disability in regard to:
1. job application procedures,
2. the hiring,
3. promotion,
4. or discharge of employees,
5. employee compensation,
6. job training, a
7. nd other terms, conditions, and privileges of
employment.
9 Acts of Discrimination against Handicapped workers?
(a) Limiting, segregating or classifying a disabled job
applicant in such a manner that adversely affects his
work opportunities;
(b) Using qualification standards, employment tests or
other selection criteria that screen out or tend to screen
out a disabled person unless such standards, tests or
other selection criteria are shown to be job-related for
the position in question and are consistent with
business necessity;
(c) Utilizing standards, criteria, or methods of
administration that:
(1) have the effect of discrimination on the basis
of disability; or
(2) perpetuate the discrimination of others who
are subject to common administrative
control.
(d) Providing less compensation, such as salary, wage or
other forms of remuneration and fringe benefits, to a
qualified disabled employee, by reason of his
disability, than the amount to which a non-disabled
person performing the same work is entitled;
(e) Favoring a non-disabled employee over a qualified
disabled employee with respect to promotion, training
opportunities, study and scholarship grants, solely on
account of the latter's disability;
(f) Re-assigning or transferring a disabled employee to a
job or position he cannot perform by reason of his
disability;
(g) Dismissing or terminating the services of a disabled
employee by reason of his disability unless the
employer can prove that he impairs the satisfactory
performance of the work involved to the prejudice of
the business entity: Provided, however, That the
employer first sought to provide reasonable
accommodations for disabled persons;
(h) Failing to select or administer in the most effective
manner employment tests which accurately reflect the
skills, aptitude or other factor of the disabled
applicant or employee that such tests purports to
measure, rather than the impaired sensory, manual or
speaking skills of such applicant or employee, if any;
and
(i) Excluding disabled persons from membership in labor
unions or similar organizations.
Who investigates violations of RA 7277?
Secretary of Justice (Sec 44)
Penalties?
(1) for the first violation,
a. a fine of not less than Fifty thousand pesos
(P50,000.00) but not exceeding One hundred
thousand pesos (P100,000.00)
b. or imprisonment of not less than six (6)
months but not more than two (2) years,
c. or both at the discretion of the court; and
(2) for any subsequent violation,
a. a fine of not less than One hundred thousand
pesos (P100,000.00) but not exceeding Two
hundred thousand pesos (P200,000.00)
b. or imprisonment for not less than two (2)
years but not more than six (6) years, or both
at the discretion of the court.
Any person who abuses the privileges granted herein shall be
punished with
(1) imprisonment of not less than six (6) months or
(2) a fine of not less than Five thousand pesos (P5,000.00),
but not more than Fifty thousand pesos (P50,000.00),
(3) or both, at the discretion of the court.
 If the violator is a corporation, organization or any similar
entity, the officials thereof directly involved shall be liable
therefor.
If the violator is an alien or a foreigner, he shall be deported
immediately after service of sentence without further
deportation proceedings.
In Bernardo v NLRC
 Whether or not Far East bank’s act of dismissing the
deaf mutes who were hired on pakiusap or
accommodation benefits is justified. NO
 Here several deaf-mutes were hired as money sorters
and counters. 37 of them were renewed allegedly for
humanitarian basis. Later all of them were dismissed.
Far east claims that they were hired on pakiusap basis
or accommodation and that they were warned that
they will not be regular employees and upon their
dismissal their positions no longer existed.
 HELD: At the outset, let it be known that this Court
appreciates the nobility of private respondent’s effort
to provide employment to physically impaired
individuals and to make them more productive
members of society. However, we cannot allow it to
elude the legal consequences of that effort, simply
because it now deems their employment irrelevant.
The facts, viewed in light of the Labor Code and the
Magna Carta for Disabled Persons, indubitably show
that the petitioners, except sixteen of them, should be
deemed regular employees. As such, they have
acquired legal rights that this Court is duty-bound to
protect and uphold, not as a matter of compassion but
as a consequence of law and justice.
 Anent renewal; Verily, the renewal of the contracts of
the handicapped workers and the hiring of others lead
to the conclusion that their tasks were beneficial and
necessary to the bank. More important, these facts
show that they were qualified to perform the
responsibilities of their positions. In other words, their
disability did not render them unqualified or unfit for
the tasks assigned to them.
 The fact that the employees were qualified disabled
persons necessarily removes the employment
contracts from the ambit of Article 80. Since the Magna
Carta accords them the rights of qualified able-bodied
persons, they are thus covered by Article 280 of the
Labor Code as regular employees
 In the present case, the handicap of petitioners (deaf-
mutes) is not a hindrance to their work. The eloquent
proof of this statement is the repeated renewal of their
RA 9547 as amended by RA 10917
employment contracts. Why then should they be
dismissed, simply because they are physically
What are the Qualifications for the EMPOLOYER?
impaired? The Court believes, that, after showing their
1. He must be employing at least ten (10) persons.
fitness for the work assigned to them, they should be
treated and granted the same rights like any other
Qualifications for the STUDENT?
regular employees.
1. WHO:
In Yrasuegi v PAL
 WON Yrasuegi can find defense against PAL in
claiming that he is a disabled person suffering from
obesity. NO (but morbid obesity is a disability)
 Yrasuegi is a former international flight steward of
PAL; he was allegedly overweight for his job weighing
209 pounds; 48 pounds over his ideal weight which is
166 pounds; PAL after Yrasuegi had refused to heed to
its advice to avail the services of the company
physician; Yrasuegi was dismissed. Yrasuegi claims
that he was discriminated on his weight;
 Meiorin Test (1) the employer must show that it
adopted the standard for a purpose rationally
connected to the performance of the job, (2) the
employer must establish that the standard is
reasonably necessary to the accomplishment of that
work-related purpose, and, (3) the employer must
establish that the standard is reasonably necessary in
order to accomplish the legitimate work-related
purpose
 bona fide occupational qualification (BFOQ) TEST
that (1) the employment qualification is reasonably
related to the essential operation of the job involved;
and (2) that there is factual basis for believing that all
or substantially all persons meeting the qualification
would be unable to properly perform the duties of the
job.
 he business of PAL is air transportation. As such, it has
committed itself to safely transport its passengers. In
order to achieve this, it must necessarily rely on its
employees, most particularly the cabin flight deck
crew who are on board the aircraft. The weight
standards of PAL should be viewed as imposing strict
norms of discipline upon its employees.
 In other words, the primary objective of PAL in the
imposition of the weight standards for cabin crew is
flight safety. It cannot be gainsaid that cabin attendants
must maintain agility at all times in order to inspire
passenger confidence on their ability to care for the
passengers when something goes wrong. It is not
farfetched to say that airline companies, just like all
common carriers, thrive due to public confidence on
their safety records. People, especially the riding
public, expect no less than that airline companies
transport their passengers to their respective
destinations safely and soundly. A lesser performance
is unacceptable.
Employment of Students
(1) Poor but deserving students,
(2) out-of-school youth (OSY) or,
 (3) dependents of displaced or would-be displaced
workers due to business closures, or work stoppages,
or natural calamities,
2. intending to enroll in any secondary, tertiary or
technical-vocational institutions,
3. fifteen (15) years of age but not more than thirty (30)
years old,
Students must be:
1. paid a salary or wage not lower than the minimum
wage for private employers and the applicable hiring
rate for the national and local government agencies:
2. That students enrolled in the secondary level shall
only be employed during summer and/or Christmas
vacations,
3. while the OSY and those enrolled in tertiary,
vocational or technical education may be employed at
any time of the year:
4. That their period of employment shall be from twenty
(20) to seventy-eight (78) working days only,
a. except that during Christmas vacation,
employment shall be from ten (10) to fifteen
(15) days which may be counted as part of
the students’ probationary period should
they apply in the same company or agency
after graduation
5. That students employed in activities related to their
course may earn equivalent academic and practicum
or on-the-job training credits as may be determined
by the appropriate government agencies.
6.
Who are poor
1. Poor but deserving students,
2. out-of-school youth (OSY) or,
3. dependents of displaced or would-be displaced
workers due to business closures, or work stoppages,
or natural calamities
refer to those whose parents’ combined income, together with
their own, if any, does not exceed the annual regional poverty
threshold level for a family of six (6) for the preceding year as
may be determined by the National Economic and
Development Authority (NEDA).
3. If parents are not working: Certificate of Indigence or
Low income
In case of students:
1. Parent’s combined net income after tax; including the
students’
2. General weighted average during the last school year
or term immediately preceding his or her application
3. Report Card and Permanent Record
In case of OSY:
1. Parent’s combined net income after tac; including that
of his own
2. Letter issued by Barangay Chairman or Punong
Barangay
In case of dependent or displaced workers:
1. Notice of termination by employer
2. DOLE RO Establishment Termination report
3. Certificate of Displacement
Where to File?
Public Employment Service Office (PESO).
Period of Work?
1. Students in basic education – only during summer
vacation, mid-break or Christmas break
2. OSY, tertiary or vocational - any time of the year
3. Period shall be for 20 to 78 days
4. Christmas vacation – 10-15 days
5. Period of employment within the year shall not exceed
78 days whether one time or cumulative.

Who conducts facilitation services?

Employment facilitation services for, applicants to the program
shall be done by the Public Employment Service Office (PESO).

DOLE DO 175 – please see law.

What does the employer need to submit?

1. Pledge of Commitment to PESO
2. Proof of capacity to pay the percentage share in the
salaries or wages of the beneficiaries

What does the student need to submit?

In general
1. Birth Certificate
2. If parents are working: ITR, tax exemption certificate,
certificate of low income