MGNT 6

2. Security of Tenure is a term used in Political Science to
describe a constitutional or legal guarantee that a
political office-holder cannot be removed from office
except in exceptional and specified circumstances.
No child below fifteen (15) years of age shall
be employed, except when he works directly under
the sole responsibility of his parents or guardian and
his employment does not in any way interfere with his
schooling.
A person between fifteen and eighteen years
of age may be employed for such number of hours
and such periods of the day as determined by the
Secretary of Labor and Employment in appropriate
regulations.

3. The provisions of written agreement to the contrary
notwithstanding and regardless of the oral agreements
of the parties, an employment shall be deemed to be
regular when the employees has been engaged to
perform activities which are usually necessary or
desirable in the usual business or trade of the
employer, except when the employment has been
fixed for a specific project or undertaking, the
completion or termination of which has been
determined at the time of the engagement of the
employer or where the work or services to be
performed is seasonal in nature and the employment is
for the duration of the season.

4. Probationary employment shall not
exceed six (6) months from the date
the employee started working,
unless it is covered by an
apprenticeship agreement
stipulating a longer period.

5. Any entity, whether or not organized for profit, may establish
or sponsor apprenticeship programs.
Only trades and occupations declared apprenticeable
by the Secretary of Labor and Employment may be included in
apprenticeships programs.
Qualifications of an Apprentice:
a. Be at least fourteen (14) years of age;
b. Possess vocational aptitude and capacity for
apprenticeship as established through appropriate
tests; and
c. Possess the ability to comprehend and follow oral
and written instructions.

6. Actual training of apprentices may be
undertaken:
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 DOLE training center or other public
training institution

7. Apprenticeship Programs
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.
Probationary Period of Apprentices
The apprenticeship agreement among others
shall provide for the probationary period of the
apprentice during which both party may summarily
terminate the agreement as well as the number of hours
worked.

8. (Cont..) Probationary Period of Apprentices
The maximum allowable probationary
period which the employer may stipulate
with the prospective apprentice in their
apprenticeship agreement shall be:
a. Four hundred (400) hours or two (2)
months for trades or occupations which
normally require a year or more for
proficiency; and
b. Two hundred (200) hours or one month
but less than one year for proficiency.

9. (Cont..) Probationary Period of Apprentices
At least five working days before the actual date of
termination, the party terminating shall serve a written
notice on the other stating the reason for such decision,
and a copy of said notice shall be furnished the
Apprenticeship Division of the Department of Labor and
Employment.
The hours of work of an apprentice shall not
exceed the maximum number of hours of work
prescribed by law. An apprentice not otherwise barred
by law from working eight hours a day may be
requested by his employer to work overtime and paid
accordingly, provided there are no available regular
workers to do the job, and the overtime work thus
rendered is duly credited toward his training time.

10. Termination of Apprenticeship Agreement
Either party to an agreement may terminate the same after the
probationary period only for a valid cause. The following are valid causes
for termination:
1. By the Employer
a. Habitual absenteeism
b. Willful disobedience of company rules
c. Poor physical condition
d. Theft
e. Poor efficiency of performance on the job
f. Engaging in violence

11. (Cont..) Termination of Apprenticeship
Agreement
2. By the Apprentice
a. Deleterious working conditions
b. Repeated violations by the employer
c. Inhuman treatment by the employer
d. Personal problems which in the
opinion of the apprentice shall
prevent him a satisfactory
performance of his job
e. Bad health

12. 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.
Every learnership agreement shall include:
a. The names and addresses of the learners;
b. The duration of the learnership period—shall not
exceed three (3) months;
c. The wages or salary rates—shall begin at not less
than seventy-five (75%) of the applicable minimum
wages; and
d. A commitment to employ learners, if they so desire,
as a regular employees upon completion of the
learnership.

13. No employer shall discriminate against any woman
with respect to terms and conditions of employment
on account of her sex. Equal remuneration shall be
paid to both men and women for work of equal value.
No employer shall require as a condition of
employment or continuation of employment that a
woman employee shall not get married, or to stipulate
expressly or tacitly that upon getting a woman
employee shall be deemed resigned or separated, or
to actually dismiss, discharge discriminately or
otherwise prejudice a woman employee merely by
reason of her marriage.

14. Prohibited Acts. It shall be unlawful for any employer;
a. To deny any woman employee the benefits
provided for under Labor Code or to discharge
any woman employed by him for the purpose of
preventing her from enjoying any of the said
benefits.
b. To discharge such woman on account of her
pregnancy, or while on leave or in confinement
due to her pregnancy; or
c. To discharge or refuse the admission of such
woman upon returning to her work for fear that
she may again be pregnant.

15. The employment permit maybe issued to a non-
resident alien or to an applicant employer after a
determination of the non-availability of a person in the
Philippines who is competent, able and willing at the
time of application to perform the services for which
the alien is desired.
After the issuance of employment permit, the
alien shall not transfer to another job or change his
employer without prior approval of the Department of
Labor and Employment. Any non-resident alien who
shall take up employment in violation of the Labor
Code and its implementing regulations shall be
punished accordingly.

16. Any person applying with a private fee charging employment agency for
employment assistance shall not be charged any fee until he has obtained
employment through his efforts or has actually commenced employment. Such
fee must be always covered with an approved receipt clearly showing the
amount paid.
Prohibited Practices. It shall be unlawful for any
individual entity, license or holder of authority:
a. To charge or accept directly or indirectly any amount
greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor
and Employment, or to make a worker pay any
amount greater that that actually received by him as
a loan or advance;

17. (Cont..) Prohibited Practices
b. To furnish or publish any false notice or information
or document in relation to recruitment or
employment;
c. To give any false notice, testimony, information or
document or commit any act of misrepresentation
for the purpose of securing a license or authority
under the Labor Code;
d. To induce or attempt to induce a worker already
employed to quit his employment in order to offer
him another unless the transfer is designed to
liberate a worker from oppressive terms and
conditions of employment;

18. (Cont..) Prohibited Practices
e. To influence or attempt to influence any person or
entity not to employ any worker who has not
applied for employment through his agency;
f. To engage in the recruitment or placement of
workers in jobs harmful to public health or morality
or to the dignity of the Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or by his duly
authorized representatives;
h. To fail to file reports on the status of employment,
placement vacancies, remittance of foreign
exchange earnings, separation from jobs,
departures and such other matters as may be
required by the Secretary of Labor and Employment;

19. (Cont..) Prohibited Practices
i. To substitute or alter employment contracts approved and
verified by the Secretary of Labor and Employment from
the time of actual signing thereof by the parties up to and
including the period of expiration of the same without
approval of the Department of Labor and Employment;
j. To become officer or member of the Board of any
corporation engaged in travel agency or to be engaged
directly or in directly in the management of a travel
agency; and
k. To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under the
Labor Code and its implementing rules and regulations;

20. In case of regular employment, the employer shall not
terminate the services of an employee except for a
just cause or authorized by the Labor Code.
Termination by Employer. An employer may terminate
an employee for any of the following causes:
a. Serious misconduct
b. Gross habitual neglect by the employee of his
duties
c. Fraud
d. Commission of a crime
e. Other causes analogous to the foregoing.

21. Termination by Employee. An employee may terminate
without just cause the employee-employer relationship
by serving a written notice on the employer at least one
month in advance.
An employee may put an end to the
relationship without serving the employer for any of
the following just causes:
a. Serious insult by the employer
b. Inhuman and unbearable treatment
c. Commission of a crime
d. Other causes analogous to any of the foregoing

22. Termination Pay. A regular employee shall
be entitled to termination pay equivalent at
least to his one month salary or to one
month salary for every year of service,
whichever is higher, a fraction of at least six
months being considered as one whole
year, in case of termination of his
employment due to the installation of
labor-saving devices or redundancy.

23. No house helper shall be assigned to work in a
commercial, industrial or agricultural enterprise at a
wage or salary rate lower than that provided for
agricultural or non-agricultural worker. If the
housekeeper is under the age of eighteen, the
employer shall give him or her opportunity for at
least elementary education.
If the period of household service is fixed,
neither the employer nor the house helper may
terminate the contract before the expiration of the
term, except for a just cause.

24. The National Manpower and Youth Council (NMYC) as the
human resource development agency of the Philippine
Government have been directing its efforts to the training and
utilization of the country’s richest resource—its people.
Targets of the Council’s projects rare industrial and
agricultural workers, school dropouts and idle segments of
the population.
The Council shall formulate a long-term plan, which
shall be the controlling plan for the development of
manpower resources of the entire country. The primary
purpose of manpower planning as with any other aspect of
planning is to prepare for the future by reducing its
uncertainty. It has a basic goal the reduction of uncertainty as
related to the acquisition, placement and development of
employees for future needs.