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TESDA HISTORY
The Technical Education and Skills Development Authority (TESDA) was
established through the enactment of Republic Act No. 7796 otherwise
known as the "Technical Education and Skills Development Act of 1994",
which was signed into law by President Fidel V. Ramos on August 25,
1994. This Act aims to encourage the full participation of and mobilize the
industry, labor, local government units and technical-vocational
institutions in the skills development of the country's human resources.
The merging of the National Manpower and Youth Council (NMYC) of
the Department of Labor and Employment (DOLE). The Bureau of
Technical and Vocational Education (BTVE) of the Department of
Education, Culture and Sports (DECS), and The Apprenticeship
Program of the Bureau of Local Employment (BLE) of the DOLE gave
birth to TESDA.
The fusion of the above offices was one of the key recommendations of
the 1991 Report of the Congressional Commission on Education, which
undertook a national review of the state of Philippine education and
manpower development. It was meant to reduce overlapping in skills
development activities initiated by various public and private sector
agencies, and to provide national directions for the country's technical-
vocational education and training (TVET) system. Hence, a major thrust of
TESDA is the formulation of a comprehensive development plan for
middle-level manpower based on the National Technical Education and
Skills Development Plan. This plan shall provide for a reformed industry-
based training program that includes apprenticeship, dual training system
and other similar schemes.
TESDA is mandated to:
1. Integrate, coordinate and monitor skills development programs;
2. Restructure efforts to promote and develop middle-level manpower;
3. Approve skills standards and tests;
4. Develop an accreditation system for institutions involved in middle-
level manpower development;
5. Fund programs and projects for technical education and skills
development; and
6. Assist trainers training programs.
At the same time, TESDA is expectedto:
1. Devolve training functions to local governments;
2. Reform the apprenticeship program;
3. Involve industry/employers in skills training;
4. Formulate a skills development plan;
5. Develop and administer training incentives;
6. Organize skills competitions; and
7. Manage skills development funds.
Overall, TESDA formulates manpower and skills plans, sets
appropriate skills standards and tests, coordinates and monitors
manpower policies and programs, and provides policy directions and
guidelines for resource allocation for the TVET institutions in both the
private and public sectors.
Today, TESDA has evolved into an organization that is responsive,
effective and efficient in delivering myriad services to its clients. To
accomplish its multi-pronged mission, the TESDA Board has been
formulating strategies and programs geared towards yielding the
highest impact on manpower development in various areas, industry
sectors and institutions.
Mandate
The Technical Education and Skills Development Authority (TESDA) is
the government agency tasked to manage and supervise technical
education and skills development (TESD) in the Philippines. It was created
by virtue of Republic Act 7796, otherwise known as the “Technical
Education and Skills Development Act of 1994”. The said Act integrated
the functions of the former National Manpower and Youth Council
(NMYC), the Bureau of Technical-Vocational Education of the
Department of Education, Culture and Sports (BTVE-DECS) and the
Office of Apprenticeship of the Department of Labor and Employment
(DOLE).
Vision
The transformational leader in the technical education and skills
development of the Filipino workforce.
Mission
TESDA sets direction, promulgates relevant standards, and implements
programs geared towards a quality-assured and inclusive technical
education and skills development and certification system.
Values Statement
We believe in demonstrated competence, institutional integrity, personal
commitment, culture of innovativeness and a deep sense of nationalism.
Quality Policy
"We measure our worth by the satisfaction of the customers we serve"
Through:
Strategic Decisions
Effectiveness
Responsiveness
Value Added Performance
Integrity
Citizen focus
Efficiency
Direction Setting
Crucial to TESDA's role as the TVET authority in the country is its
capacity to steer and provide guidance to the sector. With the end in view
of setting out clear directions and establishing priorities,the availabilityof
timely, relevant and accurate information is of essence. Data gathered
through the conduct of researchers and studies shall be disseminated to
enable the TVET stakeholders to make informed decisions. With quality
information, TVET policies and plans shall be formulated that will serve
as the blueprint for TVET implementation in the country.
Policies, Plans and Information
Programs and services relating to these concern embody the role of
TESDA as the authority in technical vocational education and training
(TVET). These are aimed at providing clear directions and priorities for
TVET in the country. These include the formulation of plans and policies
for the TVET sector and the generation through researches and studies and
the dissemination of relevant data and information for informed decision
of stakeholders of the sector.
 National Technical Education Skills Development (TESD) Plan
 National Technical Education Skills Development (TESD) Research
Agenda
 Philippine Technical Vocational Education and Training (TVET)
System
 Philippine Technical Vocational Education and Training (TVET)
Outlook
 Labor Market Intelligence Reports
 List of Technical Vocational Education and Training (TVET) Studies
 Technical Vocational Education and Training (TVET) Statistics
Pro-active Job Matching Process
TESDA shall SEEK (jobs) through domestic and international market
intelligence report to pinpoint specific job requirements. TESDA shall
FIND (people) the right people who can be trained to fit the jobs in
partnership with NGOs, social welfare agencies / institutions, school and
community organizations. TESDA shal TRAIN (people) using standards
of quality for TVET developed in consultation with various industry
sectors. This pro-active matching process contributes to the best job-skills
fit. TESDA also focuses on increasing productivity of implemented
training programs by assisting individuals or groups who prefer to go into
micro business, small and medium enterprises of enterprenuership
training.
Standards Setting and Systems Development
Another pillar towards the realization of TESDA's authority role in the
TVET sector is to ensure quality through the provision of standards and
system development services.Competency assessment and certification of
workers is continuously done in pursuit of professionalizing skilled
workers.
 Competency Standards Development
 Competency Assessment and Certification
 Unified TVET Program Registration and Accreditation System
 Ladderized Education Program
 Skills Competitions
Support to TVET Provision
In view to the need to provide equitable access and provision of TESD
programs to the growing TVET clients, TESDA continues to undertake
direct training provision. There are four training modalities - school-based,
center-based, enterprise-based and community-based. These are being
done with the TESDA's infrastructure in place - 57 administered schools,
60 training centers, enterprise-based training through DTS/Apprenticeship
and community-based training in convergence with the LGUs.
 School Based Programs
 Center Based Programs
 Community Based Programs
 Enterprise Based Programs
 TESDA Language Skills Institutes
 Scholarship and Student Assistance Programs
 Career Guidance and Placement Programs
Institutional Capacity Building
For TESDA to provide the required services and live up to its core
business, it must muster internal capacity and capability. It is necessary to
build its competencies along various requirements of its responsibilities in
direction setting, standards setting and systems development and in
supporting TVET provision. Institutional capacity building also involves
the installation of the TESDA quality management system at all levels of
the organization.
 Foreign Scholarship Training Program
RULES AND REGULATIONS IMPLEMENTING
THE TESDA ACT OF 1994
Republic Act No. 7796
Pursuant to Section 36 of the TESDA Act of 1994, the TESDA Board hereby promulgates
the Implementing Rules and Regulations of the Act, as follows:
RULE I
POLICIES AND OBJECTIVES
SECTION 1. Title. - These Rules shall be known and cited as the Rules and Regulations
Implementing
the TESDA Act of 1994.
SEC. 2. Declaration of Policy. - It is the declared policy of the State to provide relevant,
accessible, high quality and efficient technical education and skills development in support
of the development of high quality Filipino middle-level manpower responsive to and in
accordance with Philippine development goals and priorities.
Private Sector Participation. - The State shall encourage the active participation of
various concerned sectors, particularly private enterprises, being direct participants in and
immediate beneficiaries of a trained and skilled workforce, in providing technical education
and skills development opportunities.
SEC. 3. Statement of Goals and Objectives. - The goals and objectives of TESDA Act of
1994 (hereinafter cited as Act) are as follows:
International Competitiveness. - To promote and strengthen the quality of technical
education and skills development programs to attain international competitiveness;
Quality Middle-Level Manpower. - To focus technical education and skills development
on meeting the changing demands for quality middle-level manpower.
Scientific and Technical Knowledge Base. - To encourage critical and creative thinking
by disseminating the scientific and technical knowledge base of middle-level manpower
development programs;
Roles of Public and Private Institutions. - To recognize and encourage the complementary
roles of public and private institutions in technical education and skills development and
training systems; and
Desirable Values. - To inculcate desirable values through the development of moral
character, with emphasis on work ethic, self-discipline, self-reliance and nationalism.
RULE II
TECHNICAL EDUCATION AND SKILLS DEVELOPMENT PLAN
SEC. 1. Formulation of a Comprehensive Development Plan for Middle-Level Manpower. -
The Technical Education and Skills Development Authority (TESDA) shall formulate a
comprehensive development plan for middle-level manpower based on a national
employment plan or policies for the optimum allocation, development and utilization of
skilled workers for employment, entrepreneurship and technology development for
economic and social growth, to be known as the National Technical Education and Skills
Development Plan.
SEC. 2. President's Approval. - This plan, after adoption by the TESDA Board, shall be
updated periodically and submitted to the President of the Philippines for approval.
Thereafter, it shall be the plan for technical education and skills development for the entire
country within the framework of the National Development Plan.
SEC. 3. Assistance of Private Sector and the Academe. - The TESDA Board shall direct the
TESDA Secretariat to call on its member-agencies, the private sector and the academe to
assist in the formulation of the plan.
SEC. 4. Reformed Industry-Based Training Program. - The comprehensive plan shall
provide for a reformed industry-based training program including apprenticeship, dual
training system and other similar schemes intended to:
provide maximum protection and welfare of the worker-trainee;
improve the quality and relevance and social accountability of technical education and
skills development;
accelerate the employment-generation efforts of the government; and
expand the range of opportunities for upward social mobility of the school-going
population beyond the traditional higher levels of formal education.
SEC. 5. Review and Endorsement of Agencies' Budgets. - All government and non-
government agencies receiving financial and technical assistance from the government
shall be required to formulate their respective annual agency technical education and skills
development plans in line with the national technical education and skills development
plan. The budget to support such plans shall be subject to review and endorsement to the
Department of Budget and Management by the TESDA.
SEC. 6. TESDA's Evaluation of Agencies' Programs. - The TESDA shall evaluate the
efficiency and effectiveness of the agencies' skills development programs and schemes to
make them conform with the quantitative and qualitative objectives of the national
technical education and skills development plan.
SEC. 7. Submission of Reports of TESDA. - In such form as the TESDA may prescribe, the
agencies mentioned in Section 5 hereof shall submit reports on how they have
implemented their technical education and skills development plans annually to the TESDA
or as often as it may require.
RULE III
TESDA BOARD
SEC. 1. Creation of the Technical Education and Skills Development Authority. - To
implement the policy declared in the Act, a Technical Education and Skills Development
Authority is created, (hereinafter referred to as the Authority or TESDA). The Authority
shall be composed of the TESDA Board as its governing body, and the TESDA Secretariat
as its executive arm. The TESDA shall replace and absorb the National Manpower and
Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the
personnel and functions pertaining to technical- vocational education in the regional offices
of the Department of Education, Culture and Sports (DECS), and the apprenticeship
program of the Bureau of Local Employment of the Department of Labor and Employment.
SEC. 2. Composition of the TESDA Board.- The TESDA Board is composed of the following:
The Secretary of Labor and Employme nt
Chairperson
Secretary of Education, Culture and Sports
Co-Chairperson
Secretary of Trade and Industry
Co-Chairperson
Secretary of Agriculture Member
Secretary of Interior and Local Government
Member
Director General of the TESDA Secretariat
Member
Private sector representatives appointed by the President:
Two (2) representatives from the employer/industry organization, one of whom shall be
a woman;
Three (3) representatives from the labor sector, one of whom shall be a woman; and
To (2) representatives of national associations of private technical-vocational education
and training institutions, one of whom shall be a woman.
SEC. 3. Term of Office. - As soon as all the members of the private sector are appointed,
they shall so organize themselves that the term of office of one-third (1/3) of their number
shall expire every year. The members from the private sector appointed thereafter to fill
vacancies caused by expiration of terms shall hold office for three (3) years.
SEC. 4. Change of Membership. - The President of the Philippines may revise the
membership of the
TESDA Board through an administrative order whenever the President deems it necessary
for the effective performance of the Board's functions.
SEC. 5. Meetings, Emoluments. - The TESDA Board shall meet at least twice a year, or as
frequently as may be deemed necessary by its Chairperson. 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
designated by such member for the purpose.
The benefits, privileges and emoluments of the Board shall be consistent with existing laws
and rules.
SEC. 6. Functions and Powers of the Board. -
Function. - The TESDA Board shall be primarily responsible for the formulation of
continuing, coordinated and fully integrated technical education and skills development
policies, plans and programs taking into consideration the following:
1. The State policy declared in the Act of giving new direction and thrusts to efforts in
developing the quality of Filipino human resources through technical education and skills
development.
2. The implementation of the above-mentioned policy requires the coordination and
cooperation of policies, plans and programs of different concerned sectors of Philippine
society;
3. Equal participation of representatives of industry groups, trade associations,
employers, association of technical-vocational schools workers and government shall be
made the rule in order to ensure that urgent needs and recommendations are readily
addressed; and
4. Improved linkages between industry, labor and government shall be given priority
in the formulation of any national-level plan.
Powers. - The TESDA Board shall have the following powers:
1. Approve and promulgate, after due consultation with industry groups, trade
associations, associations of technical-vocational schools, employers and workers, the
National Technical Education and Skills Development Plan for middle-level manpower and
the policies, programs and guidelines as may be necessary for the effective
implementation of the plan and of the Act;
2. Organize and constitute various standing committees, subsidiary groups, or technic al
working groups for efficient integration, coordination and monitoring technical education
and skills development programs at the national, regional, and local levels;
3. Enter into, make, execute, perform and carry out domestic and foreign cont racts
subject to existing laws, rules and regulations;
4. Restructure the entire sub-sector consisting of all institutions and programs involved
in the promotion and development of middle-level manpower through upgrading, merger
and/or phase-out following a user-led strategy;
5. Approve trade skills standards and trade tests as established and conducted by
private industries;
6. Establish and administer a system of accreditation of both public and private
institutions;
7. Establish, develop and support trainors' training and/or programs;
8. Lend support and encourage increasing utilization of the dual training system as
provided for by republic Act No. 7686;
9. Exact reasonable fees and charges for such tests and trainings conducted and retain
such earnings for the use of the TESDA, subject to guidelines promulgated by the TESDA
Board;
10. Allocate resources, based on the TESDA Secretariat's recommendations, for the
programs and projects it shall undertake pursuant to an approved National Technical
Education and Skills Development Plan;
11. Determine and approve systematic funding schemes such as the Levy-and-Grant
scheme for technical education and skills development purposes;
12. Create, when deemed necessary, an Advisory Committee which shall provide expert
and technical advice to the Board to be chosen from the academe and the private sector:
Provided, that in case the Advisory Committee is created, the Board is hereby authorized
to set aside a portion of its appropriation for its operation;
13. Create such offices as it may deem necessary to carry out objectives, policies and
functions of the TESDA;
14. Review and approve annual and other reports to the President on technical
education and skills development;
15. Manage and administer the TESDA Development Fund and formulate is
implementing guidelines; and
16. Perform such other duties and functions necessary to carry out the provisions of
the Act.
RULE IV
TESDA SECRETARIAT
SEC. 1. TESDA Secretariat. - The TESDA Secretariat, created under Sec. 10 of the Act, is
composed of the Offices mentioned in this Rule.
SEC. 2. Functions and Responsibilities of the TESDA Secretariat. - The Secretariat shall
have the following functions and responsibilities:
To establish and maintain a planning process and formulate a national technical
education and skills development plan in consultation with the member agencies and other
concerned of the TESDA at various levels;
To provide analytical inputs to policy and decision-making of the TESDA on allocation of
resources and on institutional roles and responsibilities as shall be embodied with the
agencies annual technical education and skills development plans, in accordance with the
manpower plan for middle-level skilled workers as approved by the TESDA Board;
To recommend measures and implement the same upon approval by the TESDA Board,
for the effective and efficient implementation of the national technical education and skills
development plan;
To propose to the TESDA Board the specific allocation of resource for the programs and
projects it shall undertake pursuant to the approved national technical education and skills
development plan;
To submit the TESDA Board periodic reports on the progress and accomplishment of
work programs and on the implementation of plans and policies for technical education
and skills development;
To prepare for approval by the TESDA Board an annual report to the president on
technical education and skills development;
To implement and administer the apprenticeship program;
To prepare and implement, upon approval by the TESDA Board, programs for the training
of trainers, supervisors, planners and managers;
To enter into agreements to implement plans and programs approved by the TESDA
Board and perform activities as shall implement the declared policy of the Act;
To propose to the TESDA Board the policies and guidelines for the organization and
constitution of the regional and local Tec hnical Education and Skills Development
Committees, industry boards and technical working groups, as may be deemed necessary,
and after their approval, to implement such policies and guidelines; Provided, that the
Director-General, shall determine the composition of these bodies subject to the guidelines
adopted by the TESDA Board for the purpose;
To review and endorse to the Department of Budget and Management in accordance
with the guidelines approved by the TESDA Board the annual agency technical education
and skills development plans of all government and non-government agencies receiving
financial technical assistance from the government;
Upon proper delegation of authority from the TESDA Board, the TESDA Secretariat, thru
the Director- General, shall also:
1. Review and recommend action to concerned authorities proposed technical
assistance programs and grants-in-aid-programs for the technical education and skills
development, or both, including those which may be entered into between the Government
of the Philippines and other nations, including international and foreign organizations both
here and abroad.
2. Develop and administer appropriate incentive schemes to government and private
industries and institutions to provide high quality technical education and skills
development opportunities;
3. Set policies for technical education and skills development programs for regional
and local-level implementations.
4. Direct and approve institutional arrangements with industry boards and such other
bodies or associations for the direct participation of employers and workers in technical
education and skills evelopment including trade skills standardization and testing,
apprenticeship and dual training system.
5. Hire the services of qualified consultants and private organizations for research work
and publication in the field of technical education and skills development and also avail
itself of the services of other agencies of the Government as maybe required.
To perform such other functions and duties as maybe assigned by the TESDA Board.
DIRECTOR GENERAL
SEC. 3. Director-General. - The TESDA Secretariat shall be headed by a Director-General,
who shall
likewise be a member of the TESDA Board. The Director-General shall enjoy the benefits,
privileges and emoluments equivalent to the rank of Undersecretary. As chief Executive
Officer of the TESDA Secretariat, the Director-General shall exercise general supervision
and control over its technical and administrative personnel.
SEC. 4. Deputy Directors-General. - The Director-General shall be assisted by two (2)
Deputy Directors-General, one to be responsible for Vocational and Technical Education
and Training and one to be responsible for Policies and Planning.
The Deputy Directors-General shall enjoy the benefits, privileges and emolume nts
equivalent to the rank of Assistant Secretary.
SEC. 5. Chief of Services for Administration. - The Director-General shall also be assisted
by a Chief of Services for Administration who shall be a Career Civil Service Official.
SEC. 6. Appointment of TESDA Officials and Personnel. - The President shall appoint the
Director-General, and the two Deputy Directors-General, upon recommendation of the
TESDA Board. The President shall also appoint the heads of the regional offices. The Chief
of Services for Administration shall be appointed by the TESDA Board. The Director-
General shall appoint an Executive-Director for each of the Offices under the two Deputy
Directors-General who shall have the rank and emoluments of Director IV. The Director-
General shall also appoint such personnel as may be necessary to carry out the objectives,
policies and functions of the TESDA subject to Civil Service laws, rules and regulations.
SEC. 7. Compliance with the Salaries Standardization Law. - The composition and
emoluments of the officials and employees of the TESDA shall be in accordance with the
salary standardization law and other applicable laws under the national compensation and
classification plan.
SEC. 8. Continuous Assessment and Study. - The TESDA Secretariat shall conduct
continuous assessment and study of the nature, behavior and the use of the country's
stock of human resources and study areas directly or indirectly related to technical
education and skills development. This, it shall do by:
engaging directly in studies, researches and surveys; and
engaging the services of duly recognized and competent individuals, groups of
individuals, schools, universities or research institutions, through contracts, grants or any
appropriate arrangement.
Documents, materials or whatever output or results obtained from the activities above
shall form part of the property of the TESDA.
SEC. 9. Automatic Review; Recommendations to the President and Congress. - Every five
(5) years,
after the effectivity of the Act, an independent review panel composed of three (3) persons
appointed by the President shall review the performance of the TESDA and shall make
recommendations based on
its findings to the President and to both Houses of Congress.
OFFICES OF THE TESDA SECRETARIAT
SEC. 10. The Planning Office (PO). - The PO shall:
design and establish planning processes and methodologies which will particularly
enhance the efficiency of resource allocation decisions within the technical education and
skills development sector;
lead in the preparation and periodic updating of a national plan for technical education
and skills development which shall become the basis for resource allocation decisions
within the sector;
conduct researches, studies and develop information systems for effective and efficient
planning and policy making within the sector;
develop and implement programs and projects aimed at building up planning capabilities
of various institutions within the sector; and
perform such other powers and functions as may be authorized.
SEC. 11. Skills Standards and Certification Office (SSCO). - The SSCO shall:
develop and establish a national system of skills standardization, testing and certification
in the country;
design, innovate and adopt processes and methodologies whereby industry groups and
workers' guilds take on progressively the responsibility of setting skills standards for
identified occupational areas, and the local government units actively participate in
promoting skills standards, testing and certification;
establish and implement a system of accrediting private enterprises, workers'
associations and guilds and public institutions to serve as skills testing venues;
conduct research and development on various occupational areas in order to recommend
policies, rules and regulations for effective and efficient skills standardization, testing and
certification system in the country; and
perform such other duties and functions as may be authorized.
SEC. 12. National Institute for Technical Vocational Education and Training (NITVET).
- The NITVET shall:
serve as the research and development arm of the government in the field of tec hnical-
vocational education and training;
develop curricula and program standards for various technical-vocational education and
training areas;
develop and implement an integrated program for continuing development of trainors,
teachers and instructors within the technical education and skills development sector;
develop programs and projects which will build up institutional capabilities within the
sector; and
perform such other powers and functions as may be authorized.
SEC. 13. Office of Formal Technical Vocational Education and Training (OFTVET). - The
OFTVET shall:
provide policies, measures and guidelines for effective and efficient administration of
formal technical-vocational education and training programs implemented by various
institutions in the country;
establish and maintain a system for accrediting, coordinating, integrating, monitoring
and evaluating the different formal technical-vocational education and training programs
vis-à-vis the approved national technical educ ation and skills development plan;
establish and maintain a network of institutions engaged in institutionalized technical-
vocational education and training, particularly with local government units; and
perform such other powers and functions as may be authorized.
SEC. 14. Office of the Non-formal Technical Vocational Education and Training
(ONFTVET). - The ONFTVET shall:
provide direction, policies and guidelines for effective implementation of non-
formal community-based technical-vocational education and training;
accredit, coordinate, monitor and evaluate various non-formal technical-vocational
education and training programs implemented by various institutions, particularly by local
government units;
establish and maintain a network of institutions including local government units, non-
government organizations implementing non-formal community-based technical-
vocational education and training; and
perform such other powers and functions as may be authorized.
SEC. 15. Office of Apprenticeship (OA). - The OA shall:
provide direction, policies and guidelines on the implementation of the apprenticeship
system;
accredit, coordinate, monitor and evaluate all apprenticeship schemes and programs
implemented by various institutions and enterprises;
establish a network of institutions and enterprises conducting apprenticeship schemes
and programs; and
perform such other powers and functions as may be authorized.
REGIONAL AND PROVINCIAL TESDA OFFICES
SEC. 16. Regional TESDA Offices. - The TESDA shall establish regional offices headed by
Regional
Directors with the rank and emoluments of Director IV. The offices shall be under the
direct control of the
Director-General and shall:
serve as Secretariat to Regional TESDA Committees;
supervise, coordinate and integrate, thru its Provincial TESDA Offices, all technical
education and skills development programs, projects and related activities in their
respective jurisdiction;
develop and recommend TESDA programs for regional and local level implementation
within the policies set by the TESDA; and
perform other duties and functions as may be authorized.
SEC. 17. Provincial TESDA Offices. - The TESDA shall also establish Provincial Offices
headed by Skill Development Offices with the rank and emoluments of a Director III.
These offices shall be under the direct control of the Director-General and shall:
serve as Secretariat to Provincial TESDA Committees;
provide technical assistance particularly to local government units for effective
supervision, coordination, integration and monitoring of technical-vocational education
and training programs within their localities; and
review and recommend TESDA programs for implementation within their localities; and
perform such other duties and function as may be authorized.
SEC. 18. Additional Offices. - The TESDA Secretariat may be further composed by such
offices as may be deemed necessary by the TESDA Board.
RULE V
TESDA COMMITTEES
SEC. 1. Technical Education and Skills Development Committees. - The TESDA shall
establish
Technical Education and Skills Development Committees at the regional and local levels to
coordinate and monitor the delivery of all technical education and skills development
activities of the public and private sectors. The TESDA Board is authorized to set aside a
portion of the appropriation of the TESDA for the operation of the TESDA Committees.
SEC. 2. TESDA Committees' Relations to Local Development Councils. - The TESDA
Committees shall establish linkages with the appropriate regional and local development
councils in order that they may likewise serve as the Technical Education and Skills
Development Committees of the said development councils.
SEC. 3. Composition of TESDA Committees. - The composition of the Technical Education
and Skills
Development Committees shall be determined by the Director-General subject to the
guidelines
promulgated by the TESDA Board.
RULE VI
PROGRAMS AND ACTIVITIES
SEC. 1. Programs and Activities in Technical Education and skills Development. - The
TESDA shall accredit, coordinate, integrate, monitor and evaluate all the different formal
and non-formal
technical-vocational education and training programs pursuant to the goals and objectives
of the Act. Encouraging the active participation of the private sector, including industry
groups, trade associations, employers and workers, and particularly private enterprises,
the TESDA shall promote and strengthen the quality of these technical education and skills
development programs:
middle-level manpower development programs;
vocational, administrative or training programs for the purpose of acquiring and
developing job-related skills;
programs and projects which will build up institutional capabilities within the sector;
technical education and skills development programs at national, regional and local
levels;
formal technical-vocational education and training programs implemented by various
institutions in the country;
non-formal community based technical-vocation education and training programs;
training programs and schemes focused on skills training for entrepreneur development
and technology development, cost-effective training in occupational trades and related
fields of employment and value development as an integral component of all skills training
programs;
training programs and schemes that include teacher's trainors' training and for the
continuing development of trainors, teachers and instructors within the technical education
and skills development sector; and
programs for the training of supervisors, planners and managers.
SEC. 2. User-Led or Market-Driven Strategy. - adopting a user-led or market driven
strategy, the TESDA shall promote stengthened linkages between educational/training
institutions and industry to ensure that appropriate skills and knowledge are provided by
the educational system.
SEC. 3. Apprenticeship and Learnership Prorgrams. - Using the above-mentioned strategy,
in
accordance with existing laws, rules and regulations, the TESDA shall implement and
administer reformed industry-based apprenticeship and learneship programs which have
been transferred from the Department of Labor and Employment to the TESDA by the
Act.
SEC. 4. Dual Training System. - Also using the strategy mentioned in Section 2 hereof,
the TESDA shall implement Republic Act No. 7686 otherwise known as the "Dual Training
System Act. Of 1994" and lend support and encourage increasing utilization of the dual
training system as provided for in the aforementioned Act.
SEC. 5. Administration of Training Programs. - The TESDA shall design and administer
training
programs and schemes that will develop the capabilities of public and private institutions
to provide quality and cost-effective technical education and skills development and
related opportunities.
SEC. 6. Establishment and Administration of National Trade Skills Standards. - There shall
be national occupational skills standards to be established by TESDA - accredited industry
committees. The TESDA shall develop and implement a certification and accreditation
program in which private groups and trade associations are accredited to conduct
approved trade tests, and the local government units to promote such trade testing
activities in their respective areas in accordance with the guidelines to be set by the
TESDA. The Secretary of Labor and Employment shall determine the occupational trades
for mandatory
certification. All certificates relating to the national skills testing and certification system
shall be issued by the TESDA through its Secretariat.
SEC. 7. Industry Boards. - The TESDA shall establish effective and efficient institutional
arrangements with industry boards and such other bodies or associations to provide direct
participation of employers and workers in the design and implementation of skills
development schemes, trade skills standardization and certification and such other
functions in the fulfillment of the TESDA's objectives.
SEC. 8. Skills Development Centers. - The TESDA shall strengthen the network of national,
regional and local skills training centers for the purpose of promoting skills development.
This network shall include skills training centers in vocational and technical schools,
technical institutions, polytechnic colleges, and all other duly accredited public and private
dual system educational institutions. The technical education and skills development
centers shall be administered and operated under such rules and regulations as may be
established by the TESDA in accordance with the National Technical
Education and Skills Development Plan.
SEC. 9. Coordination of All Skills Training Schemes. - In order to integrate the national
skills development efforts, all technical education and skills training schemes as provided
for in the Act shall be coordinated with the TESDA particularly those having to do with the
setting of trade skills standards. For this purpose, existing technical education and skills
training programs in the Government and in the private sector, specifically those wholly
or partly financed with government funds, shall be reported to the TESDA which shall
assess and evaluate such programs to ensure their efficiency and effectiveness.
SEC. 10. Skills Development Opportunities. - The TESDA shall design and implement an
effective and
efficient delivery system for quality technical education and skills development
opportunities particularly in disadvantaged sectors, with new tools of wealth creation and
with the capability to take on higher value-added gainful activities and to share equitably
in productivity gains.
SEC. 11. Devolution of TESDA's Training Function to Local Governments. - In establishing
the delivery system provided for in the preceding Section, the TESDA shall formulate,
implement and finance a specific plan to develop the capability of local government units
to assume ultimately the responsibility for effectively providing community-based
technical education and skills development opportunities: Provided, however, that there
shall be formulated and implemented an effective and timely retraining of TESDA
personnel that would be affected by the devolution to ensure their being retained if the
concerned local government units would not be able to absorb them.
RULE VII
TECHNICAL AND VOCATIONAL SCHOOLS
AND TRAINING CENTERS
SEC. 1. Public Technical and Vocational Schools. - The public technical and vocational
schools whose
budgets are included in the TESDA budget per the annual General Appropriations Act,
including those funded by local governments, shall be under the supervision of the TESDA.
The pertinent DECS Orders and Memoranda shall continue to apply to said schools until
they are modified or revoked by the TESDA Board.
SEC. 2. Private Technical and Vocational Schools. - The private technical and vocational
schools shall be subject to reasonable supervision of the TESDA, in accordance with the
1992 Manual of Regulations for Private Schools, particularly its Article IV, Supervision and
Regulation of Private Schools and Article V. Accreditation, until the aforementioned
regulations are modified or revoked by the TESDA Board.
SEC. 3. Training Center. - In its supervision of public and private training centers, the
TESDA shall ensure that appropriate skills and knowledge are provided to industry by
these training centers.
RULE VIII
PROMOTION, ASSISTANCE, SCHOLARSHIP GRANTS
AND INCENTIVES
SEC. 1. Skills Olympics. - To promote quality skills development in the country and with
the view of participating in international skills competitions, the TESDA, with the active
participation of private industries, shall organize and conduct annual National Skills
Olympics. The TESDA, through its Secretariat, shall promulgate the necessary rules and
guidelines for the effective and efficient conduct of Annual National Skills Olympics and for
the country's participation in international skills olympics.
SEC. 2. Assistance to Employers and Organizations. - The TESDA shall assist any employer
or
organization engaged in skills training schemes designed to attain its objectives under
rules and
regulations which the TESDA shall establish for this purpose.
SEC. 3. Scholarship Grants. - The TESDA shall adopt a system of allocation and funding of
scholarship grants which shall be responsive to the technical education and skills
development needs of the different regions in the country.
SEC. 4. Incentives Schemes. - The TESDA shall develop and administer appropriate
incentive schemes to encourage government and private industries and institutions to
provide high-quality technical education and skills development opportunities.
RULE IX
FINANCING FOR TECHNICAL EDUCATION
AND SKILLS DEVELOPMENT
SEC. 1. TESDA Budget. - The amount necessary to finance the initial implementation of
the Act shall be charged against the existing appropriations of the NMYC and the BTVE.
Thereafter, such funds as may be necessary for the continued implementation of the Act
shall be included in the annual General Appropriations Act.
SEC. 2. The TESDA Development Fund. - A TESDA Development Fund is established, to be
managed/administered by the TESDA, the income from which shall be utilized exclusively
in awarding of grants and providing assistance to schools, training institutions, industries,
local government units for upgrading their capabilities, and to develop and impleme nt
technical education and skills development programs. The Fund shall be set up through:
a one-time lump sum appropriation from the National Government;
an annual contribution from the Overseas Workers Welfare Administration Fund, the
amount of which should be part of the study on financing provided for in Section 4 of this
Rule;
donations, grants, endowments, and other bequests or gifts; and
any other income generated by the TESDA.
SEC. 3. Administrator and Fund Manager. - The TESDA Board shall be the administrator
of the Fund, and as such, shall formulate the necessary implementing guidelines for the
management of the Fund, subject to the following: a) unless otherwise stipulated by the
private donor, only earnings of private contributions shall be used; and b) no part of the
seed capital of the Fund, including earnings, thereof, shall be used to underwrite expenses
for administration. The Board shall appoint a reputable government-accredited investment
institution as Fund manager, subject to guidelines promulgated by the Board.
SEC. 4. Expert Group on Funding Scheme. - Within one (1) year after the organization of
the TESDA,
the TESDA Board shall commission an expert group on funding schemes for the TESDA
Development Fund, the results of which shall be used as the basis for appropriate action
by the Board.
SEC. 5. Levy and Grant Scheme. - The TESDA may determine and approve systematic
funding schemes for technical education and skills development purposes such as a levy
and grant scheme whereby there shall be legal contributions from participating employers
who would be beneficiaries of the employee training programs (often as a percentage of
the payroll) which contributions are subsequently turned over or rebated to enterprise
offering such program.
SEC. 6. Fees and Charges. - The TESDA may exact reasonable fees and charges for such
tests and
trainings it may conduct and retain such earnings for its own use, subject to guidelines
promulgated by the TESDA Board.
SEC. 7. Instructional Improvement Fund. - The instructional improvement fund in public
technical-vocational schools and institutions shall be used for the expansion, upgrading or
maintenance of school facilities, particularly machinery, equipment and other learning
resources.
RULE X
DEFINITION OF TERMS
SEC. 1. Definition of Terms Under the Act. -
"Apprentice" is a person undergoing training for an approved apprenticeable occupation
during an established period assured by an apprenticeship agreement.
"Apprenticeship" is training within employment with compulsory related theoretical
instructions involving a contract between an apprentice and an employer on an approved
apprenticeable occupation.
"Apprenticeship Agreement" is a contract wherein a prospective employer binds himself
to train the apprentice who in turn accepts the terms of training for a recognized
apprenticable occupation, emphasizing the rights, duties and responsibilities of each party.
"Apprenticeable Occupation" is an occupation officially endorsed by a tripartite body and
approved for apprenticeship by the Authority.
"Dual System/Training" refers to a delivery system of quality technical and vocational
education which requires training to be carried out alternately in two venues: In school
and in the production plant. In school training provides the trainee the theoretical
foundation, basic training, guidance and human formation, while in-plant develops his
skills and proficiency in actual work conditions as it continues to inculcate personal
discipline and work values.
"Learners" refer to persons hired as trainees in semi-skilled and other industrial
occupations which are non-apprenticeable. Learnership programs must be approved by
the Authority;
"Levy-and-Grand System" refers to a legal contribution (often a percentage of the
payroll) from participating employers who would be beneficiaries of a vocational or
technical education or training program which is subsequently turned over or rebated to
enterprises offering employee training programs;
"Middle-Level Manpower" refers to those:
1. who have acquired practical skills and knowledge through formal or non-formal
education and training equivalent to at least a secondary education but preferably a post -
secondary education with a corresponding degree or diploma; or
2. skilled workers who have become highly competent in their trade or craft as attested
by industry;
"Private Enterprise" refers to an economic system under which property of all kinds can
be privately owned and in which individuals, alone or in association with another, can
embark on a business activity. This includes industrial, agricultural, agro-industrial or
service establishments engaged in the production, manufacturing, processing, repacking,
assembly, or production of goods.
" Skill" means the acquired and developed ability to carry out a task of job;
"Skills Development" means the process through which learner and workers are
systematically provided with learning opportunities to acquire or upgrade, or both, their
ability, knowledge and behavior pattern required as qualifications for a job or range of jobs
in a given occupational area.
"Technical Education" refers to the education process designed at post -secondary and
lower tertiary levels, officially recognized as non-degree programs aimed at preparing
technicians, para-professionals and other categories of middle-level workers by providing
them with a board range of general education, theoretical, scientific and technological
studies, and related job skills training.
"Trade" means any group of interrelated jobs or nay occupation which is traditionally or
officially recognized as craft or artisan in nature requiring specific qualifications that can
be acquired through work experience and/or training.
"Trainees" are participants in a vocational, administrative or technical training program
for the purpose of acquiring and developing job-related skills;
"Trainers" are persons who direct the practice of skills towards immediate improveme nt
in some task.
"Trainor/Trainers" are persons who provide training to trainers aimed at developing the
latter's capacities for imparting attitudes, knowledge, skills and behavior patterns required
for specific jobs, tasks, occupations or group of related occupations.
"User-Led" or "Market-Driven Strategy" refers to a strategy which promotes stengthened
linkages between educational/training institutions and industry to ensure that appropriate
skills and knowledge are provided by the educational system. Market -Driven Strategy
relies principally on market forces to determine supply/demand ratios including the pricing
of training and education.
RULE XI
TRANSITORY AND FINAL PROVISIONS
SEC. 1. Private Sector Representatives. - Within two (20 months after the approval of the
Act, the
President shall, in consultation with the Secretary of labor and Employment and the
Secretary of Education, Culture and sports, appoint the private sector representatives of
the TESDA Board.
SEC. 2. Appointment of the Director-General. - Within three (3) months after the
appointment of the private sector representatives, the President shall, upon the
recommendation of the Board, appoint the Director- General.
SEC. 3. Organizational Structure and Staffing Pattern. - Within four (4) months after the
appointment of the Director-General, the Board shall convene to determine the
organizational structure and staffing pattern of the TESDA.
SEC. 4. Personnel of Absorbed Agencies. - The personnel of the existing National
Manpower and Youth Council (NMYC) of the Department of Labor and Employment and
the Bureau of Technical and Vocational Education (BTVE) of the Department of Education,
Culture and Sports, shall, in a holdover capacity continue to perform their respective
duties and responsibilities and receive their corresponding salaries and benefits until such
time when the organizational structure and staffing pattern of the TESDA shall have been
approved by the Board: Provided, That the preparation and approval of the said
new organizational structure and staffing pattern shall, as far as practicable, respect and
ensure the security of tenure and seniority rights of affected government employees, as
clarified in Sections 5, 6, and 7 of this Rule.
SEC. 5. Holdover Capacity in Respective Duties and Responsibilities. - A position is
composed of a set of duties and responsibilities. Thus even if the title of said position is
changed or the salary therefor is upgraded, the absorbed personnel who is performing
the duties and responsibilities shall continue to hold such position and receive the
appropriate upgraded salary of said retitled position, in a holdover capacity.
SEC. 6. Respecting and Insuring Security of Tenure. - As long as the duties and
responsibilities of his position are needed by the TESDA, the absorbed personnel
concerned shall not be forced to resign and be dismissed without just cause and without
due process. If new and higher positions are created, the absorbed personnel who meets
the qualification standards of the new position shall be given preference in the filling up of
said position.
SEC. 7. Respecting Seniority Rights. - In filling up new positions, there shall be an open
competition among the absorbed personnel taking into consideration their qualifications,
performance and eligibility. If the absorbed personnel has to be retired under the
provision of the next succeeding section, it is understood that his other previous service
in the government shall be included or considered in the computation of his retirement
benefits.
SEC. 8. Separation or Retirement Benefits. - Those personnel whose positions are not
included in the new staffing pattern approved by the TESDA Board or who are not
reappointed or who choose to be separated as a result of the reorganization shall be paid
their separation or retirement benefits under existing laws.
SEC. 9. Consultation with Commission on Higher Education and the Appropriate
Department of Basic Education. - Upon the consultation of the TESDA Board, the TESDA
may work out with the Commission on Higher Education and the appropriate Department
for Basic Education a system of cooperation and program management with respect to
educational institutions offering basic tertiary and post secondary programs paying special
attention to delineation of programs, functions, responsibilities, personnel and facilities.
SEC. 10. Existing Policies and Projects in Force Until Revoked. - All policies and projects
of the agencies replaced and absorbed by the TESDA involving technical education and
skills development programs shall remain in force unless or until modified or revoked by
these Rules or by the TESDA.
SEC.11. Permits and Certificates. - All permits and certificates of recognition issued by the
agencies replaced and absorbed by the TESDA prior to these Rules affecting technical
education and skills development shall continue to be in force and in effect. However,
further action on such permits and certificates shall henceforth be undertaken by the
TESDA.
SEC.12. Separability Clause. - If any provision of these Rules is held invalid or
unconstitutional, any other provision not so affected shall continue to be valid and
effective.
SEC. 13. Repealing Clause. - Any law, presidential decree, executive order, letter of
instruction, and its rules and regulations, or any part thereof, which is inconsistent wit h
any of the provisions of the Act and these Rules is hereby repealed or amended
accordingly.
SEC.14. Effectivity Clause. - These Rules shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.
SEC.15. Issuances on Policies and Guidelines After Effectivity of the Rules. - The TESDA
Board shall, after due consultations are required by Section8, paragraph 1 of the Act,
promulgate from time to time issuances on policies and guidelines for the effective
implementation of these Rules and Regulations.
Done in Manila, Republic of the Philippines, this 18th day of January 1995.
GOVERNMENT SECTOR
(SGD.) MA. NIEVES R. CONFESOR
Chairperson
Secretary of Labor and Employment
Secretary of Education, Culture and
Sports
(SGD.) ROBERTO S. SEBASTIAN
Member
Secretary of Agriculture
Secretary of Interior & LocalGovernment
(SGD.) RICARDO T. GLORIA
Co-Chairperson
(SGD.) RAFAEL M. ALUNAN
Member
(SGD.) RIZALINO S. NAVARRO
Co-Chairperson
Secretary of Trade and Industry
EMPLOYER/INDUST RY SECTOR
(SGD.) JOSELITO S. SANDEJAS, JR.
Member
(SGD.) ZENAIDA G. GORDON
Member
LABOR SECTOR
(SGD.) ISIDRO ANTONIO C. ASPER
Member
(SGD.) CONCEPCION G. FLORES-DODD
Member
IBARRA A. MALONZO
Member
TECHNICAL EDUCATION AND TRAINING SECTOR
(SGD.) FR. PRECIOSIO D. CANTILLAS
Member
(SGD.) DR. TERESITA U. QUIRINO
Member
The foregoing Implementing Rules and Regulations of the TESDA Act of 1994 was
published on February 13, 1995 in The Philippine Star.

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Tesda law

  • 1. TESDA HISTORY The Technical Education and Skills Development Authority (TESDA) was established through the enactment of Republic Act No. 7796 otherwise known as the "Technical Education and Skills Development Act of 1994", which was signed into law by President Fidel V. Ramos on August 25, 1994. This Act aims to encourage the full participation of and mobilize the industry, labor, local government units and technical-vocational institutions in the skills development of the country's human resources. The merging of the National Manpower and Youth Council (NMYC) of the Department of Labor and Employment (DOLE). The Bureau of Technical and Vocational Education (BTVE) of the Department of Education, Culture and Sports (DECS), and The Apprenticeship Program of the Bureau of Local Employment (BLE) of the DOLE gave birth to TESDA. The fusion of the above offices was one of the key recommendations of the 1991 Report of the Congressional Commission on Education, which undertook a national review of the state of Philippine education and manpower development. It was meant to reduce overlapping in skills development activities initiated by various public and private sector agencies, and to provide national directions for the country's technical- vocational education and training (TVET) system. Hence, a major thrust of TESDA is the formulation of a comprehensive development plan for middle-level manpower based on the National Technical Education and Skills Development Plan. This plan shall provide for a reformed industry- based training program that includes apprenticeship, dual training system and other similar schemes. TESDA is mandated to: 1. Integrate, coordinate and monitor skills development programs; 2. Restructure efforts to promote and develop middle-level manpower; 3. Approve skills standards and tests; 4. Develop an accreditation system for institutions involved in middle- level manpower development; 5. Fund programs and projects for technical education and skills development; and 6. Assist trainers training programs.
  • 2. At the same time, TESDA is expectedto: 1. Devolve training functions to local governments; 2. Reform the apprenticeship program; 3. Involve industry/employers in skills training; 4. Formulate a skills development plan; 5. Develop and administer training incentives; 6. Organize skills competitions; and 7. Manage skills development funds. Overall, TESDA formulates manpower and skills plans, sets appropriate skills standards and tests, coordinates and monitors manpower policies and programs, and provides policy directions and guidelines for resource allocation for the TVET institutions in both the private and public sectors. Today, TESDA has evolved into an organization that is responsive, effective and efficient in delivering myriad services to its clients. To accomplish its multi-pronged mission, the TESDA Board has been formulating strategies and programs geared towards yielding the highest impact on manpower development in various areas, industry sectors and institutions. Mandate The Technical Education and Skills Development Authority (TESDA) is the government agency tasked to manage and supervise technical education and skills development (TESD) in the Philippines. It was created by virtue of Republic Act 7796, otherwise known as the “Technical Education and Skills Development Act of 1994”. The said Act integrated the functions of the former National Manpower and Youth Council (NMYC), the Bureau of Technical-Vocational Education of the Department of Education, Culture and Sports (BTVE-DECS) and the Office of Apprenticeship of the Department of Labor and Employment (DOLE). Vision The transformational leader in the technical education and skills development of the Filipino workforce. Mission TESDA sets direction, promulgates relevant standards, and implements
  • 3. programs geared towards a quality-assured and inclusive technical education and skills development and certification system. Values Statement We believe in demonstrated competence, institutional integrity, personal commitment, culture of innovativeness and a deep sense of nationalism. Quality Policy "We measure our worth by the satisfaction of the customers we serve" Through: Strategic Decisions Effectiveness Responsiveness Value Added Performance Integrity Citizen focus Efficiency Direction Setting Crucial to TESDA's role as the TVET authority in the country is its capacity to steer and provide guidance to the sector. With the end in view of setting out clear directions and establishing priorities,the availabilityof timely, relevant and accurate information is of essence. Data gathered through the conduct of researchers and studies shall be disseminated to enable the TVET stakeholders to make informed decisions. With quality information, TVET policies and plans shall be formulated that will serve as the blueprint for TVET implementation in the country. Policies, Plans and Information Programs and services relating to these concern embody the role of TESDA as the authority in technical vocational education and training (TVET). These are aimed at providing clear directions and priorities for TVET in the country. These include the formulation of plans and policies for the TVET sector and the generation through researches and studies and the dissemination of relevant data and information for informed decision of stakeholders of the sector.
  • 4.  National Technical Education Skills Development (TESD) Plan  National Technical Education Skills Development (TESD) Research Agenda  Philippine Technical Vocational Education and Training (TVET) System  Philippine Technical Vocational Education and Training (TVET) Outlook  Labor Market Intelligence Reports  List of Technical Vocational Education and Training (TVET) Studies  Technical Vocational Education and Training (TVET) Statistics Pro-active Job Matching Process TESDA shall SEEK (jobs) through domestic and international market intelligence report to pinpoint specific job requirements. TESDA shall FIND (people) the right people who can be trained to fit the jobs in partnership with NGOs, social welfare agencies / institutions, school and community organizations. TESDA shal TRAIN (people) using standards of quality for TVET developed in consultation with various industry sectors. This pro-active matching process contributes to the best job-skills fit. TESDA also focuses on increasing productivity of implemented training programs by assisting individuals or groups who prefer to go into micro business, small and medium enterprises of enterprenuership training. Standards Setting and Systems Development Another pillar towards the realization of TESDA's authority role in the TVET sector is to ensure quality through the provision of standards and system development services.Competency assessment and certification of
  • 5. workers is continuously done in pursuit of professionalizing skilled workers.  Competency Standards Development  Competency Assessment and Certification  Unified TVET Program Registration and Accreditation System  Ladderized Education Program  Skills Competitions Support to TVET Provision In view to the need to provide equitable access and provision of TESD programs to the growing TVET clients, TESDA continues to undertake direct training provision. There are four training modalities - school-based, center-based, enterprise-based and community-based. These are being done with the TESDA's infrastructure in place - 57 administered schools, 60 training centers, enterprise-based training through DTS/Apprenticeship and community-based training in convergence with the LGUs.  School Based Programs  Center Based Programs  Community Based Programs  Enterprise Based Programs  TESDA Language Skills Institutes  Scholarship and Student Assistance Programs  Career Guidance and Placement Programs Institutional Capacity Building For TESDA to provide the required services and live up to its core business, it must muster internal capacity and capability. It is necessary to build its competencies along various requirements of its responsibilities in direction setting, standards setting and systems development and in supporting TVET provision. Institutional capacity building also involves the installation of the TESDA quality management system at all levels of the organization.  Foreign Scholarship Training Program
  • 6. RULES AND REGULATIONS IMPLEMENTING THE TESDA ACT OF 1994 Republic Act No. 7796 Pursuant to Section 36 of the TESDA Act of 1994, the TESDA Board hereby promulgates the Implementing Rules and Regulations of the Act, as follows: RULE I POLICIES AND OBJECTIVES SECTION 1. Title. - These Rules shall be known and cited as the Rules and Regulations Implementing the TESDA Act of 1994. SEC. 2. Declaration of Policy. - It is the declared policy of the State to provide relevant, accessible, high quality and efficient technical education and skills development in support of the development of high quality Filipino middle-level manpower responsive to and in accordance with Philippine development goals and priorities. Private Sector Participation. - The State shall encourage the active participation of various concerned sectors, particularly private enterprises, being direct participants in and
  • 7. immediate beneficiaries of a trained and skilled workforce, in providing technical education and skills development opportunities. SEC. 3. Statement of Goals and Objectives. - The goals and objectives of TESDA Act of 1994 (hereinafter cited as Act) are as follows: International Competitiveness. - To promote and strengthen the quality of technical education and skills development programs to attain international competitiveness; Quality Middle-Level Manpower. - To focus technical education and skills development on meeting the changing demands for quality middle-level manpower. Scientific and Technical Knowledge Base. - To encourage critical and creative thinking by disseminating the scientific and technical knowledge base of middle-level manpower development programs; Roles of Public and Private Institutions. - To recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems; and Desirable Values. - To inculcate desirable values through the development of moral character, with emphasis on work ethic, self-discipline, self-reliance and nationalism. RULE II TECHNICAL EDUCATION AND SKILLS DEVELOPMENT PLAN SEC. 1. Formulation of a Comprehensive Development Plan for Middle-Level Manpower. - The Technical Education and Skills Development Authority (TESDA) shall formulate a comprehensive development plan for middle-level manpower based on a national employment plan or policies for the optimum allocation, development and utilization of skilled workers for employment, entrepreneurship and technology development for economic and social growth, to be known as the National Technical Education and Skills Development Plan. SEC. 2. President's Approval. - This plan, after adoption by the TESDA Board, shall be updated periodically and submitted to the President of the Philippines for approval. Thereafter, it shall be the plan for technical education and skills development for the entire country within the framework of the National Development Plan. SEC. 3. Assistance of Private Sector and the Academe. - The TESDA Board shall direct the TESDA Secretariat to call on its member-agencies, the private sector and the academe to assist in the formulation of the plan. SEC. 4. Reformed Industry-Based Training Program. - The comprehensive plan shall provide for a reformed industry-based training program including apprenticeship, dual training system and other similar schemes intended to: provide maximum protection and welfare of the worker-trainee; improve the quality and relevance and social accountability of technical education and skills development;
  • 8. accelerate the employment-generation efforts of the government; and expand the range of opportunities for upward social mobility of the school-going population beyond the traditional higher levels of formal education. SEC. 5. Review and Endorsement of Agencies' Budgets. - All government and non- government agencies receiving financial and technical assistance from the government shall be required to formulate their respective annual agency technical education and skills development plans in line with the national technical education and skills development plan. The budget to support such plans shall be subject to review and endorsement to the Department of Budget and Management by the TESDA. SEC. 6. TESDA's Evaluation of Agencies' Programs. - The TESDA shall evaluate the efficiency and effectiveness of the agencies' skills development programs and schemes to make them conform with the quantitative and qualitative objectives of the national technical education and skills development plan. SEC. 7. Submission of Reports of TESDA. - In such form as the TESDA may prescribe, the agencies mentioned in Section 5 hereof shall submit reports on how they have implemented their technical education and skills development plans annually to the TESDA or as often as it may require. RULE III TESDA BOARD SEC. 1. Creation of the Technical Education and Skills Development Authority. - To implement the policy declared in the Act, a Technical Education and Skills Development Authority is created, (hereinafter referred to as the Authority or TESDA). The Authority shall be composed of the TESDA Board as its governing body, and the TESDA Secretariat as its executive arm. The TESDA shall replace and absorb the National Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technical- vocational education in the regional offices of the Department of Education, Culture and Sports (DECS), and the apprenticeship program of the Bureau of Local Employment of the Department of Labor and Employment. SEC. 2. Composition of the TESDA Board.- The TESDA Board is composed of the following: The Secretary of Labor and Employme nt Chairperson Secretary of Education, Culture and Sports Co-Chairperson Secretary of Trade and Industry Co-Chairperson Secretary of Agriculture Member Secretary of Interior and Local Government Member Director General of the TESDA Secretariat Member Private sector representatives appointed by the President:
  • 9. Two (2) representatives from the employer/industry organization, one of whom shall be a woman; Three (3) representatives from the labor sector, one of whom shall be a woman; and To (2) representatives of national associations of private technical-vocational education and training institutions, one of whom shall be a woman. SEC. 3. Term of Office. - As soon as all the members of the private sector are appointed, they shall so organize themselves that the term of office of one-third (1/3) of their number shall expire every year. The members from the private sector appointed thereafter to fill vacancies caused by expiration of terms shall hold office for three (3) years. SEC. 4. Change of Membership. - The President of the Philippines may revise the membership of the TESDA Board through an administrative order whenever the President deems it necessary for the effective performance of the Board's functions. SEC. 5. Meetings, Emoluments. - The TESDA Board shall meet at least twice a year, or as frequently as may be deemed necessary by its Chairperson. 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 designated by such member for the purpose. The benefits, privileges and emoluments of the Board shall be consistent with existing laws and rules. SEC. 6. Functions and Powers of the Board. - Function. - The TESDA Board shall be primarily responsible for the formulation of continuing, coordinated and fully integrated technical education and skills development policies, plans and programs taking into consideration the following: 1. The State policy declared in the Act of giving new direction and thrusts to efforts in developing the quality of Filipino human resources through technical education and skills development. 2. The implementation of the above-mentioned policy requires the coordination and cooperation of policies, plans and programs of different concerned sectors of Philippine society; 3. Equal participation of representatives of industry groups, trade associations, employers, association of technical-vocational schools workers and government shall be made the rule in order to ensure that urgent needs and recommendations are readily addressed; and 4. Improved linkages between industry, labor and government shall be given priority in the formulation of any national-level plan. Powers. - The TESDA Board shall have the following powers:
  • 10. 1. Approve and promulgate, after due consultation with industry groups, trade associations, associations of technical-vocational schools, employers and workers, the National Technical Education and Skills Development Plan for middle-level manpower and the policies, programs and guidelines as may be necessary for the effective implementation of the plan and of the Act; 2. Organize and constitute various standing committees, subsidiary groups, or technic al working groups for efficient integration, coordination and monitoring technical education and skills development programs at the national, regional, and local levels; 3. Enter into, make, execute, perform and carry out domestic and foreign cont racts subject to existing laws, rules and regulations; 4. Restructure the entire sub-sector consisting of all institutions and programs involved in the promotion and development of middle-level manpower through upgrading, merger and/or phase-out following a user-led strategy; 5. Approve trade skills standards and trade tests as established and conducted by private industries; 6. Establish and administer a system of accreditation of both public and private institutions; 7. Establish, develop and support trainors' training and/or programs; 8. Lend support and encourage increasing utilization of the dual training system as provided for by republic Act No. 7686; 9. Exact reasonable fees and charges for such tests and trainings conducted and retain such earnings for the use of the TESDA, subject to guidelines promulgated by the TESDA Board; 10. Allocate resources, based on the TESDA Secretariat's recommendations, for the programs and projects it shall undertake pursuant to an approved National Technical Education and Skills Development Plan; 11. Determine and approve systematic funding schemes such as the Levy-and-Grant scheme for technical education and skills development purposes; 12. Create, when deemed necessary, an Advisory Committee which shall provide expert and technical advice to the Board to be chosen from the academe and the private sector: Provided, that in case the Advisory Committee is created, the Board is hereby authorized to set aside a portion of its appropriation for its operation; 13. Create such offices as it may deem necessary to carry out objectives, policies and functions of the TESDA;
  • 11. 14. Review and approve annual and other reports to the President on technical education and skills development; 15. Manage and administer the TESDA Development Fund and formulate is implementing guidelines; and 16. Perform such other duties and functions necessary to carry out the provisions of the Act. RULE IV TESDA SECRETARIAT SEC. 1. TESDA Secretariat. - The TESDA Secretariat, created under Sec. 10 of the Act, is composed of the Offices mentioned in this Rule. SEC. 2. Functions and Responsibilities of the TESDA Secretariat. - The Secretariat shall have the following functions and responsibilities: To establish and maintain a planning process and formulate a national technical education and skills development plan in consultation with the member agencies and other concerned of the TESDA at various levels; To provide analytical inputs to policy and decision-making of the TESDA on allocation of resources and on institutional roles and responsibilities as shall be embodied with the agencies annual technical education and skills development plans, in accordance with the manpower plan for middle-level skilled workers as approved by the TESDA Board; To recommend measures and implement the same upon approval by the TESDA Board, for the effective and efficient implementation of the national technical education and skills development plan; To propose to the TESDA Board the specific allocation of resource for the programs and projects it shall undertake pursuant to the approved national technical education and skills development plan; To submit the TESDA Board periodic reports on the progress and accomplishment of work programs and on the implementation of plans and policies for technical education and skills development; To prepare for approval by the TESDA Board an annual report to the president on technical education and skills development; To implement and administer the apprenticeship program; To prepare and implement, upon approval by the TESDA Board, programs for the training of trainers, supervisors, planners and managers;
  • 12. To enter into agreements to implement plans and programs approved by the TESDA Board and perform activities as shall implement the declared policy of the Act; To propose to the TESDA Board the policies and guidelines for the organization and constitution of the regional and local Tec hnical Education and Skills Development Committees, industry boards and technical working groups, as may be deemed necessary, and after their approval, to implement such policies and guidelines; Provided, that the Director-General, shall determine the composition of these bodies subject to the guidelines adopted by the TESDA Board for the purpose; To review and endorse to the Department of Budget and Management in accordance with the guidelines approved by the TESDA Board the annual agency technical education and skills development plans of all government and non-government agencies receiving financial technical assistance from the government; Upon proper delegation of authority from the TESDA Board, the TESDA Secretariat, thru the Director- General, shall also: 1. Review and recommend action to concerned authorities proposed technical assistance programs and grants-in-aid-programs for the technical education and skills development, or both, including those which may be entered into between the Government of the Philippines and other nations, including international and foreign organizations both here and abroad. 2. Develop and administer appropriate incentive schemes to government and private industries and institutions to provide high quality technical education and skills development opportunities; 3. Set policies for technical education and skills development programs for regional and local-level implementations. 4. Direct and approve institutional arrangements with industry boards and such other bodies or associations for the direct participation of employers and workers in technical education and skills evelopment including trade skills standardization and testing, apprenticeship and dual training system. 5. Hire the services of qualified consultants and private organizations for research work and publication in the field of technical education and skills development and also avail itself of the services of other agencies of the Government as maybe required. To perform such other functions and duties as maybe assigned by the TESDA Board. DIRECTOR GENERAL SEC. 3. Director-General. - The TESDA Secretariat shall be headed by a Director-General,
  • 13. who shall likewise be a member of the TESDA Board. The Director-General shall enjoy the benefits, privileges and emoluments equivalent to the rank of Undersecretary. As chief Executive Officer of the TESDA Secretariat, the Director-General shall exercise general supervision and control over its technical and administrative personnel. SEC. 4. Deputy Directors-General. - The Director-General shall be assisted by two (2) Deputy Directors-General, one to be responsible for Vocational and Technical Education and Training and one to be responsible for Policies and Planning. The Deputy Directors-General shall enjoy the benefits, privileges and emolume nts equivalent to the rank of Assistant Secretary. SEC. 5. Chief of Services for Administration. - The Director-General shall also be assisted by a Chief of Services for Administration who shall be a Career Civil Service Official. SEC. 6. Appointment of TESDA Officials and Personnel. - The President shall appoint the Director-General, and the two Deputy Directors-General, upon recommendation of the TESDA Board. The President shall also appoint the heads of the regional offices. The Chief of Services for Administration shall be appointed by the TESDA Board. The Director- General shall appoint an Executive-Director for each of the Offices under the two Deputy Directors-General who shall have the rank and emoluments of Director IV. The Director- General shall also appoint such personnel as may be necessary to carry out the objectives, policies and functions of the TESDA subject to Civil Service laws, rules and regulations. SEC. 7. Compliance with the Salaries Standardization Law. - The composition and emoluments of the officials and employees of the TESDA shall be in accordance with the salary standardization law and other applicable laws under the national compensation and classification plan. SEC. 8. Continuous Assessment and Study. - The TESDA Secretariat shall conduct continuous assessment and study of the nature, behavior and the use of the country's stock of human resources and study areas directly or indirectly related to technical education and skills development. This, it shall do by: engaging directly in studies, researches and surveys; and engaging the services of duly recognized and competent individuals, groups of individuals, schools, universities or research institutions, through contracts, grants or any appropriate arrangement. Documents, materials or whatever output or results obtained from the activities above shall form part of the property of the TESDA. SEC. 9. Automatic Review; Recommendations to the President and Congress. - Every five (5) years, after the effectivity of the Act, an independent review panel composed of three (3) persons appointed by the President shall review the performance of the TESDA and shall make recommendations based on its findings to the President and to both Houses of Congress. OFFICES OF THE TESDA SECRETARIAT
  • 14. SEC. 10. The Planning Office (PO). - The PO shall: design and establish planning processes and methodologies which will particularly enhance the efficiency of resource allocation decisions within the technical education and skills development sector; lead in the preparation and periodic updating of a national plan for technical education and skills development which shall become the basis for resource allocation decisions within the sector; conduct researches, studies and develop information systems for effective and efficient planning and policy making within the sector; develop and implement programs and projects aimed at building up planning capabilities of various institutions within the sector; and perform such other powers and functions as may be authorized. SEC. 11. Skills Standards and Certification Office (SSCO). - The SSCO shall: develop and establish a national system of skills standardization, testing and certification in the country; design, innovate and adopt processes and methodologies whereby industry groups and workers' guilds take on progressively the responsibility of setting skills standards for identified occupational areas, and the local government units actively participate in promoting skills standards, testing and certification; establish and implement a system of accrediting private enterprises, workers' associations and guilds and public institutions to serve as skills testing venues; conduct research and development on various occupational areas in order to recommend policies, rules and regulations for effective and efficient skills standardization, testing and certification system in the country; and perform such other duties and functions as may be authorized. SEC. 12. National Institute for Technical Vocational Education and Training (NITVET). - The NITVET shall: serve as the research and development arm of the government in the field of tec hnical- vocational education and training; develop curricula and program standards for various technical-vocational education and training areas; develop and implement an integrated program for continuing development of trainors, teachers and instructors within the technical education and skills development sector; develop programs and projects which will build up institutional capabilities within the sector; and
  • 15. perform such other powers and functions as may be authorized. SEC. 13. Office of Formal Technical Vocational Education and Training (OFTVET). - The OFTVET shall: provide policies, measures and guidelines for effective and efficient administration of formal technical-vocational education and training programs implemented by various institutions in the country; establish and maintain a system for accrediting, coordinating, integrating, monitoring and evaluating the different formal technical-vocational education and training programs vis-à-vis the approved national technical educ ation and skills development plan; establish and maintain a network of institutions engaged in institutionalized technical- vocational education and training, particularly with local government units; and perform such other powers and functions as may be authorized. SEC. 14. Office of the Non-formal Technical Vocational Education and Training (ONFTVET). - The ONFTVET shall: provide direction, policies and guidelines for effective implementation of non- formal community-based technical-vocational education and training; accredit, coordinate, monitor and evaluate various non-formal technical-vocational education and training programs implemented by various institutions, particularly by local government units; establish and maintain a network of institutions including local government units, non- government organizations implementing non-formal community-based technical- vocational education and training; and perform such other powers and functions as may be authorized. SEC. 15. Office of Apprenticeship (OA). - The OA shall: provide direction, policies and guidelines on the implementation of the apprenticeship system; accredit, coordinate, monitor and evaluate all apprenticeship schemes and programs implemented by various institutions and enterprises; establish a network of institutions and enterprises conducting apprenticeship schemes and programs; and perform such other powers and functions as may be authorized. REGIONAL AND PROVINCIAL TESDA OFFICES SEC. 16. Regional TESDA Offices. - The TESDA shall establish regional offices headed by Regional
  • 16. Directors with the rank and emoluments of Director IV. The offices shall be under the direct control of the Director-General and shall: serve as Secretariat to Regional TESDA Committees; supervise, coordinate and integrate, thru its Provincial TESDA Offices, all technical education and skills development programs, projects and related activities in their respective jurisdiction; develop and recommend TESDA programs for regional and local level implementation within the policies set by the TESDA; and perform other duties and functions as may be authorized. SEC. 17. Provincial TESDA Offices. - The TESDA shall also establish Provincial Offices headed by Skill Development Offices with the rank and emoluments of a Director III. These offices shall be under the direct control of the Director-General and shall: serve as Secretariat to Provincial TESDA Committees; provide technical assistance particularly to local government units for effective supervision, coordination, integration and monitoring of technical-vocational education and training programs within their localities; and review and recommend TESDA programs for implementation within their localities; and perform such other duties and function as may be authorized. SEC. 18. Additional Offices. - The TESDA Secretariat may be further composed by such offices as may be deemed necessary by the TESDA Board. RULE V TESDA COMMITTEES SEC. 1. Technical Education and Skills Development Committees. - The TESDA shall establish Technical Education and Skills Development Committees at the regional and local levels to coordinate and monitor the delivery of all technical education and skills development activities of the public and private sectors. The TESDA Board is authorized to set aside a portion of the appropriation of the TESDA for the operation of the TESDA Committees. SEC. 2. TESDA Committees' Relations to Local Development Councils. - The TESDA Committees shall establish linkages with the appropriate regional and local development councils in order that they may likewise serve as the Technical Education and Skills Development Committees of the said development councils. SEC. 3. Composition of TESDA Committees. - The composition of the Technical Education and Skills Development Committees shall be determined by the Director-General subject to the
  • 17. guidelines promulgated by the TESDA Board. RULE VI PROGRAMS AND ACTIVITIES SEC. 1. Programs and Activities in Technical Education and skills Development. - The TESDA shall accredit, coordinate, integrate, monitor and evaluate all the different formal and non-formal technical-vocational education and training programs pursuant to the goals and objectives of the Act. Encouraging the active participation of the private sector, including industry groups, trade associations, employers and workers, and particularly private enterprises, the TESDA shall promote and strengthen the quality of these technical education and skills development programs: middle-level manpower development programs; vocational, administrative or training programs for the purpose of acquiring and developing job-related skills; programs and projects which will build up institutional capabilities within the sector; technical education and skills development programs at national, regional and local levels; formal technical-vocational education and training programs implemented by various institutions in the country; non-formal community based technical-vocation education and training programs; training programs and schemes focused on skills training for entrepreneur development and technology development, cost-effective training in occupational trades and related fields of employment and value development as an integral component of all skills training programs; training programs and schemes that include teacher's trainors' training and for the continuing development of trainors, teachers and instructors within the technical education and skills development sector; and programs for the training of supervisors, planners and managers. SEC. 2. User-Led or Market-Driven Strategy. - adopting a user-led or market driven strategy, the TESDA shall promote stengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system. SEC. 3. Apprenticeship and Learnership Prorgrams. - Using the above-mentioned strategy, in
  • 18. accordance with existing laws, rules and regulations, the TESDA shall implement and administer reformed industry-based apprenticeship and learneship programs which have been transferred from the Department of Labor and Employment to the TESDA by the Act. SEC. 4. Dual Training System. - Also using the strategy mentioned in Section 2 hereof, the TESDA shall implement Republic Act No. 7686 otherwise known as the "Dual Training System Act. Of 1994" and lend support and encourage increasing utilization of the dual training system as provided for in the aforementioned Act. SEC. 5. Administration of Training Programs. - The TESDA shall design and administer training programs and schemes that will develop the capabilities of public and private institutions to provide quality and cost-effective technical education and skills development and related opportunities. SEC. 6. Establishment and Administration of National Trade Skills Standards. - There shall be national occupational skills standards to be established by TESDA - accredited industry committees. The TESDA shall develop and implement a certification and accreditation program in which private groups and trade associations are accredited to conduct approved trade tests, and the local government units to promote such trade testing activities in their respective areas in accordance with the guidelines to be set by the TESDA. The Secretary of Labor and Employment shall determine the occupational trades for mandatory certification. All certificates relating to the national skills testing and certification system shall be issued by the TESDA through its Secretariat. SEC. 7. Industry Boards. - The TESDA shall establish effective and efficient institutional arrangements with industry boards and such other bodies or associations to provide direct participation of employers and workers in the design and implementation of skills development schemes, trade skills standardization and certification and such other functions in the fulfillment of the TESDA's objectives. SEC. 8. Skills Development Centers. - The TESDA shall strengthen the network of national, regional and local skills training centers for the purpose of promoting skills development. This network shall include skills training centers in vocational and technical schools, technical institutions, polytechnic colleges, and all other duly accredited public and private dual system educational institutions. The technical education and skills development centers shall be administered and operated under such rules and regulations as may be established by the TESDA in accordance with the National Technical Education and Skills Development Plan. SEC. 9. Coordination of All Skills Training Schemes. - In order to integrate the national skills development efforts, all technical education and skills training schemes as provided for in the Act shall be coordinated with the TESDA particularly those having to do with the setting of trade skills standards. For this purpose, existing technical education and skills training programs in the Government and in the private sector, specifically those wholly or partly financed with government funds, shall be reported to the TESDA which shall assess and evaluate such programs to ensure their efficiency and effectiveness. SEC. 10. Skills Development Opportunities. - The TESDA shall design and implement an effective and efficient delivery system for quality technical education and skills development
  • 19. opportunities particularly in disadvantaged sectors, with new tools of wealth creation and with the capability to take on higher value-added gainful activities and to share equitably in productivity gains. SEC. 11. Devolution of TESDA's Training Function to Local Governments. - In establishing the delivery system provided for in the preceding Section, the TESDA shall formulate, implement and finance a specific plan to develop the capability of local government units to assume ultimately the responsibility for effectively providing community-based technical education and skills development opportunities: Provided, however, that there shall be formulated and implemented an effective and timely retraining of TESDA personnel that would be affected by the devolution to ensure their being retained if the concerned local government units would not be able to absorb them. RULE VII TECHNICAL AND VOCATIONAL SCHOOLS AND TRAINING CENTERS SEC. 1. Public Technical and Vocational Schools. - The public technical and vocational schools whose budgets are included in the TESDA budget per the annual General Appropriations Act, including those funded by local governments, shall be under the supervision of the TESDA. The pertinent DECS Orders and Memoranda shall continue to apply to said schools until they are modified or revoked by the TESDA Board. SEC. 2. Private Technical and Vocational Schools. - The private technical and vocational schools shall be subject to reasonable supervision of the TESDA, in accordance with the 1992 Manual of Regulations for Private Schools, particularly its Article IV, Supervision and Regulation of Private Schools and Article V. Accreditation, until the aforementioned regulations are modified or revoked by the TESDA Board. SEC. 3. Training Center. - In its supervision of public and private training centers, the TESDA shall ensure that appropriate skills and knowledge are provided to industry by these training centers. RULE VIII PROMOTION, ASSISTANCE, SCHOLARSHIP GRANTS AND INCENTIVES SEC. 1. Skills Olympics. - To promote quality skills development in the country and with the view of participating in international skills competitions, the TESDA, with the active participation of private industries, shall organize and conduct annual National Skills Olympics. The TESDA, through its Secretariat, shall promulgate the necessary rules and guidelines for the effective and efficient conduct of Annual National Skills Olympics and for the country's participation in international skills olympics. SEC. 2. Assistance to Employers and Organizations. - The TESDA shall assist any employer or organization engaged in skills training schemes designed to attain its objectives under
  • 20. rules and regulations which the TESDA shall establish for this purpose. SEC. 3. Scholarship Grants. - The TESDA shall adopt a system of allocation and funding of scholarship grants which shall be responsive to the technical education and skills development needs of the different regions in the country. SEC. 4. Incentives Schemes. - The TESDA shall develop and administer appropriate incentive schemes to encourage government and private industries and institutions to provide high-quality technical education and skills development opportunities. RULE IX FINANCING FOR TECHNICAL EDUCATION AND SKILLS DEVELOPMENT SEC. 1. TESDA Budget. - The amount necessary to finance the initial implementation of the Act shall be charged against the existing appropriations of the NMYC and the BTVE. Thereafter, such funds as may be necessary for the continued implementation of the Act shall be included in the annual General Appropriations Act. SEC. 2. The TESDA Development Fund. - A TESDA Development Fund is established, to be managed/administered by the TESDA, the income from which shall be utilized exclusively in awarding of grants and providing assistance to schools, training institutions, industries, local government units for upgrading their capabilities, and to develop and impleme nt technical education and skills development programs. The Fund shall be set up through: a one-time lump sum appropriation from the National Government; an annual contribution from the Overseas Workers Welfare Administration Fund, the amount of which should be part of the study on financing provided for in Section 4 of this Rule; donations, grants, endowments, and other bequests or gifts; and any other income generated by the TESDA. SEC. 3. Administrator and Fund Manager. - The TESDA Board shall be the administrator of the Fund, and as such, shall formulate the necessary implementing guidelines for the management of the Fund, subject to the following: a) unless otherwise stipulated by the private donor, only earnings of private contributions shall be used; and b) no part of the seed capital of the Fund, including earnings, thereof, shall be used to underwrite expenses for administration. The Board shall appoint a reputable government-accredited investment institution as Fund manager, subject to guidelines promulgated by the Board. SEC. 4. Expert Group on Funding Scheme. - Within one (1) year after the organization of the TESDA, the TESDA Board shall commission an expert group on funding schemes for the TESDA Development Fund, the results of which shall be used as the basis for appropriate action by the Board. SEC. 5. Levy and Grant Scheme. - The TESDA may determine and approve systematic funding schemes for technical education and skills development purposes such as a levy
  • 21. and grant scheme whereby there shall be legal contributions from participating employers who would be beneficiaries of the employee training programs (often as a percentage of the payroll) which contributions are subsequently turned over or rebated to enterprise offering such program. SEC. 6. Fees and Charges. - The TESDA may exact reasonable fees and charges for such tests and trainings it may conduct and retain such earnings for its own use, subject to guidelines promulgated by the TESDA Board. SEC. 7. Instructional Improvement Fund. - The instructional improvement fund in public technical-vocational schools and institutions shall be used for the expansion, upgrading or maintenance of school facilities, particularly machinery, equipment and other learning resources. RULE X DEFINITION OF TERMS SEC. 1. Definition of Terms Under the Act. - "Apprentice" is a person undergoing training for an approved apprenticeable occupation during an established period assured by an apprenticeship agreement. "Apprenticeship" is training within employment with compulsory related theoretical instructions involving a contract between an apprentice and an employer on an approved apprenticeable occupation. "Apprenticeship Agreement" is a contract wherein a prospective employer binds himself to train the apprentice who in turn accepts the terms of training for a recognized apprenticable occupation, emphasizing the rights, duties and responsibilities of each party. "Apprenticeable Occupation" is an occupation officially endorsed by a tripartite body and approved for apprenticeship by the Authority. "Dual System/Training" refers to a delivery system of quality technical and vocational education which requires training to be carried out alternately in two venues: In school and in the production plant. In school training provides the trainee the theoretical foundation, basic training, guidance and human formation, while in-plant develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work values. "Learners" refer to persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable. Learnership programs must be approved by the Authority; "Levy-and-Grand System" refers to a legal contribution (often a percentage of the payroll) from participating employers who would be beneficiaries of a vocational or technical education or training program which is subsequently turned over or rebated to
  • 22. enterprises offering employee training programs; "Middle-Level Manpower" refers to those: 1. who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at least a secondary education but preferably a post - secondary education with a corresponding degree or diploma; or 2. skilled workers who have become highly competent in their trade or craft as attested by industry; "Private Enterprise" refers to an economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. This includes industrial, agricultural, agro-industrial or service establishments engaged in the production, manufacturing, processing, repacking, assembly, or production of goods. " Skill" means the acquired and developed ability to carry out a task of job; "Skills Development" means the process through which learner and workers are systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area. "Technical Education" refers to the education process designed at post -secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, para-professionals and other categories of middle-level workers by providing them with a board range of general education, theoretical, scientific and technological studies, and related job skills training. "Trade" means any group of interrelated jobs or nay occupation which is traditionally or officially recognized as craft or artisan in nature requiring specific qualifications that can be acquired through work experience and/or training. "Trainees" are participants in a vocational, administrative or technical training program for the purpose of acquiring and developing job-related skills; "Trainers" are persons who direct the practice of skills towards immediate improveme nt in some task. "Trainor/Trainers" are persons who provide training to trainers aimed at developing the latter's capacities for imparting attitudes, knowledge, skills and behavior patterns required for specific jobs, tasks, occupations or group of related occupations. "User-Led" or "Market-Driven Strategy" refers to a strategy which promotes stengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system. Market -Driven Strategy
  • 23. relies principally on market forces to determine supply/demand ratios including the pricing of training and education. RULE XI TRANSITORY AND FINAL PROVISIONS SEC. 1. Private Sector Representatives. - Within two (20 months after the approval of the Act, the President shall, in consultation with the Secretary of labor and Employment and the Secretary of Education, Culture and sports, appoint the private sector representatives of the TESDA Board. SEC. 2. Appointment of the Director-General. - Within three (3) months after the appointment of the private sector representatives, the President shall, upon the recommendation of the Board, appoint the Director- General. SEC. 3. Organizational Structure and Staffing Pattern. - Within four (4) months after the appointment of the Director-General, the Board shall convene to determine the organizational structure and staffing pattern of the TESDA. SEC. 4. Personnel of Absorbed Agencies. - The personnel of the existing National Manpower and Youth Council (NMYC) of the Department of Labor and Employment and the Bureau of Technical and Vocational Education (BTVE) of the Department of Education, Culture and Sports, shall, in a holdover capacity continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits until such time when the organizational structure and staffing pattern of the TESDA shall have been approved by the Board: Provided, That the preparation and approval of the said new organizational structure and staffing pattern shall, as far as practicable, respect and ensure the security of tenure and seniority rights of affected government employees, as clarified in Sections 5, 6, and 7 of this Rule. SEC. 5. Holdover Capacity in Respective Duties and Responsibilities. - A position is composed of a set of duties and responsibilities. Thus even if the title of said position is changed or the salary therefor is upgraded, the absorbed personnel who is performing the duties and responsibilities shall continue to hold such position and receive the appropriate upgraded salary of said retitled position, in a holdover capacity. SEC. 6. Respecting and Insuring Security of Tenure. - As long as the duties and responsibilities of his position are needed by the TESDA, the absorbed personnel concerned shall not be forced to resign and be dismissed without just cause and without due process. If new and higher positions are created, the absorbed personnel who meets the qualification standards of the new position shall be given preference in the filling up of said position. SEC. 7. Respecting Seniority Rights. - In filling up new positions, there shall be an open competition among the absorbed personnel taking into consideration their qualifications, performance and eligibility. If the absorbed personnel has to be retired under the provision of the next succeeding section, it is understood that his other previous service in the government shall be included or considered in the computation of his retirement benefits.
  • 24. SEC. 8. Separation or Retirement Benefits. - Those personnel whose positions are not included in the new staffing pattern approved by the TESDA Board or who are not reappointed or who choose to be separated as a result of the reorganization shall be paid their separation or retirement benefits under existing laws. SEC. 9. Consultation with Commission on Higher Education and the Appropriate Department of Basic Education. - Upon the consultation of the TESDA Board, the TESDA may work out with the Commission on Higher Education and the appropriate Department for Basic Education a system of cooperation and program management with respect to educational institutions offering basic tertiary and post secondary programs paying special attention to delineation of programs, functions, responsibilities, personnel and facilities. SEC. 10. Existing Policies and Projects in Force Until Revoked. - All policies and projects of the agencies replaced and absorbed by the TESDA involving technical education and skills development programs shall remain in force unless or until modified or revoked by these Rules or by the TESDA. SEC.11. Permits and Certificates. - All permits and certificates of recognition issued by the agencies replaced and absorbed by the TESDA prior to these Rules affecting technical education and skills development shall continue to be in force and in effect. However, further action on such permits and certificates shall henceforth be undertaken by the TESDA. SEC.12. Separability Clause. - If any provision of these Rules is held invalid or unconstitutional, any other provision not so affected shall continue to be valid and effective. SEC. 13. Repealing Clause. - Any law, presidential decree, executive order, letter of instruction, and its rules and regulations, or any part thereof, which is inconsistent wit h any of the provisions of the Act and these Rules is hereby repealed or amended accordingly. SEC.14. Effectivity Clause. - These Rules shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. SEC.15. Issuances on Policies and Guidelines After Effectivity of the Rules. - The TESDA Board shall, after due consultations are required by Section8, paragraph 1 of the Act, promulgate from time to time issuances on policies and guidelines for the effective implementation of these Rules and Regulations. Done in Manila, Republic of the Philippines, this 18th day of January 1995. GOVERNMENT SECTOR (SGD.) MA. NIEVES R. CONFESOR Chairperson Secretary of Labor and Employment Secretary of Education, Culture and
  • 25. Sports (SGD.) ROBERTO S. SEBASTIAN Member Secretary of Agriculture Secretary of Interior & LocalGovernment (SGD.) RICARDO T. GLORIA Co-Chairperson (SGD.) RAFAEL M. ALUNAN Member (SGD.) RIZALINO S. NAVARRO Co-Chairperson Secretary of Trade and Industry EMPLOYER/INDUST RY SECTOR (SGD.) JOSELITO S. SANDEJAS, JR. Member (SGD.) ZENAIDA G. GORDON Member LABOR SECTOR (SGD.) ISIDRO ANTONIO C. ASPER Member (SGD.) CONCEPCION G. FLORES-DODD Member IBARRA A. MALONZO Member TECHNICAL EDUCATION AND TRAINING SECTOR (SGD.) FR. PRECIOSIO D. CANTILLAS Member
  • 26. (SGD.) DR. TERESITA U. QUIRINO Member The foregoing Implementing Rules and Regulations of the TESDA Act of 1994 was published on February 13, 1995 in The Philippine Star.