Against Elimination or Diminution of Benefits. Nothing in This Book Shall Be
Against Elimination or Diminution of Benefits. Nothing in This Book Shall Be
Against Elimination or Diminution of Benefits. Nothing in This Book Shall Be
"Wage" paid to any employee shall mean the Payment of wages by check or money order shall be
remuneration or earnings, however designated, allowed when such manner of payment is customary
capable of being expressed in terms of money, whether on the date of effectivity of this Code, or is necessary
fixed or ascertained on a time, task, piece, or because of special circumstances as specified in
commission basis, or other method of calculating the appropriate regulations to be issued by the Secretary
same, which is payable by an employer to an employee of Labor and Employment or as stipulated in a
under a written or unwritten contract of employment for collective bargaining agreement.
work done or to be done, or for services rendered or to
be rendered and includes the fair and reasonable Article 103. Time of payment. Wages shall be paid at
value, as determined by the Secretary of Labor and least once every two (2) weeks or twice a month at
Employment, of board, lodging, or other facilities intervals not exceeding sixteen (16) days. If on account
customarily furnished by the employer to the employee. of force majeure or circumstances beyond the
"Fair and reasonable value" shall not include any profit employer’s control, payment of wages on or within the
to the employer, or to any person affiliated with the time herein provided cannot be made, the employer
employer. shall pay the wages immediately after such force
majeure or circumstances have ceased. No employer
Article 98. Application of Title. This Title shall not apply shall make payment with less frequency than once a
to farm tenancy or leasehold, domestic service and month.
persons working in their respective homes in needle
work or in any cottage industry duly registered in The payment of wages of employees engaged to
accordance with law. perform a task which cannot be completed in two (2)
weeks shall be subject to the following conditions, in
the absence of a collective bargaining agreement or "Apprenticeship agreement" is an employment contract
arbitration award: wherein the employer binds himself to train the
apprentice and the apprentice in turn accepts the terms
That payments are made at intervals not exceeding of training.
sixteen (16) days, in proportion to the amount of work
completed; Article 59. Qualifications of apprentice. To qualify as
an apprentice, a person shall:
That final settlement is made upon completion of the
work. Be at least fourteen (14) years of age;
Article 104. Place of payment. Payment of wages Possess vocational aptitude and capacity for
shall be made at or near the place of undertaking, appropriate tests; and
except as otherwise provided by such regulations as
the Secretary of Labor and Employment may prescribe Possess the ability to comprehend and follow oral and
under conditions to ensure greater protection of wages. written instructions.
Article 105. Direct payment of wages. Wages shall be Trade and industry associations may recommend to
paid directly to the workers to whom they are due, the Secretary of Labor appropriate educational
except: requirements for different occupations.
In cases of force majeure rendering such payment Article 60. Employment of apprentices. Only
impossible or under other special circumstances to be employers in the highly technical industries may
determined by the Secretary of Labor and Employment employ apprentices and only in apprenticeable
in appropriate regulations, in which case, the worker occupations approved by the Secretary of Labor and
may be paid through another person under written Employment. (As amended by Section 1, Executive
authority given by the worker for the purpose; or Order No. 111, December 24, 1986)
Where the worker has died, in which case, the Article 61. Contents of apprenticeship
employer may pay the wages of the deceased worker agreements. Apprenticeship agreements, including the
to the heirs of the latter without the necessity of wage rates of apprentices, shall conform to the rules
intestate proceedings. The claimants, if they are all of issued by the Secretary of Labor and Employment. The
age, shall execute an affidavit attesting to their period of apprenticeship shall not exceed six months.
relationship to the deceased and the fact that they are Apprenticeship agreements providing for wage rates
his heirs, to the exclusion of all other persons. If any of below the legal minimum wage, which in no case shall
the heirs is a minor, the affidavit shall be executed on start below 75 percent of the applicable minimum
his behalf by his natural guardian or next-of-kin. The wage, may be entered into only in accordance with
affidavit shall be presented to the employer who shall apprenticeship programs duly approved by the
make payment through the Secretary of Labor and Secretary of Labor and Employment. The Department
Employment or his representative. The representative shall develop standard model programs of
of the Secretary of Labor and Employment shall act as apprenticeship. (As amended by Section 1, Executive
referee in dividing the amount paid among the heirs. Order No. 111, December 24, 1986)
The payment of wages under this Article shall absolve
the employer of any further liability with respect to the Article 62. Signing of apprenticeship
amount paid. agreement. Every apprenticeship agreement shall be
signed by the employer or his agent, or by an
Article 58. Definition of Terms. As used in this Title: authorized representative of any of the recognized
organizations, associations or groups and by the
"Apprenticeship" means practical training on the job apprentice.
supplemented by related theoretical instruction.
An apprenticeship agreement with a minor shall be
An "apprentice" is a worker who is covered by a written signed in his behalf by his parent or guardian, if the
apprenticeship agreement with an individual employer latter is not available, by an authorized representative
or any of the entities recognized under this Chapter. of the Department of Labor, and the same shall be
binding during its lifetime.
An "apprenticeable occupation" means any trade, form
of employment or occupation which requires more than Every apprenticeship agreement entered into under
three (3) months of practical training on the job this Title shall be ratified by the appropriate
supplemented by related theoretical instruction. apprenticeship committees, if any, and a copy thereof
shall be furnished both the employer and the Article 67. Exhaustion of administrative remedies. No
apprentice. person shall institute any action for the enforcement of
any apprenticeship agreement or damages for breach
Article 63. Venue of apprenticeship programs. Any of any such agreement, unless he has exhausted all
firm, employer, group or association, industry available administrative remedies.
organization or civic group wishing to organize an
apprenticeship program may choose from any of the Article 68. Aptitude testing of applicants. Consonant
following apprenticeship schemes as the training with the minimum qualifications of apprentice-
venue for apprentice: applicants required under this Chapter, employers or
entities with duly recognized apprenticeship programs
Apprenticeship conducted entirely by and within the shall have primary responsibility for providing
sponsoring firm, establishment or entity; appropriate aptitude tests in the selection of
apprentices. If they do not have adequate facilities for
Apprenticeship entirely within a Department of Labor the purpose, the Department of Labor and Employment
and Employment training center or other public training shall perform the service free of charge.
institution; or
Article 69. Responsibility for theoretical
Initial training in trade fundamentals in a training center instruction. Supplementary theoretical instruction to
or other institution with subsequent actual work apprentices in cases where the program is undertaken
participation within the sponsoring firm or entity during in the plant may be done by the employer. If the latter
the final stage of training. is not prepared to assume the responsibility, the same
may be delegated to an appropriate government
agency.
Article 64. Sponsoring of apprenticeship program. Any
of the apprenticeship schemes recognized herein may
be undertaken or sponsored by a single employer or Article 70. Voluntary organization of apprenticeship
firm or by a group or association thereof or by a civic programs; exemptions.
organization. Actual training of apprentices may be
undertaken: The organization of apprenticeship program shall be
primarily a voluntary undertaking by employers;
In the premises of the sponsoring employer in the case
of individual apprenticeship programs; When national security or particular requirements of
economic development so demand, the President of
In the premises of one or several designated firms in the Philippines may require compulsory training of
the case of programs sponsored by a group or apprentices in certain trades, occupations, jobs or
association of employers or by a civic organization; or employment levels where shortage of trained
manpower is deemed critical as determined by the
Secretary of Labor and Employment. Appropriate rules
In a Department of Labor and Employment training
in this connection shall be promulgated by the
center or other public training institution.
Secretary of Labor and Employment as the need
arises; and
Article 65. Investigation of violation of apprenticeship
agreement. Upon complaint of any interested person
Where services of foreign technicians are utilized by
or upon its own initiative, the appropriate agency of the
private companies in apprenticeable trades, said
Department of Labor and Employment or its authorized
companies are required to set up appropriate
representative shall investigate any violation of an
apprenticeship programs.
apprenticeship agreement pursuant to such rules and
regulations as may be prescribed by the Secretary of
Labor and Employment. Article 71. Deductibility of training costs. An additional
deduction from taxable income of one-half (1/2) of the
value of labor training expenses incurred for
Article 66. Appeal to the Secretary of Labor and
developing the productivity and efficiency of
Employment. The decision of the authorized agency of
apprentices shall be granted to the person or enterprise
the Department of Labor and Employment may be
organizing an apprenticeship program: Provided, That
appealed by any aggrieved person to the Secretary of
such program is duly recognized by the Department of
Labor and Employment within five (5) days from receipt
Labor and Employment: Provided, further, That such
of the decision. The decision of the Secretary of Labor
deduction shall not exceed ten (10%) percent of direct
and Employment shall be final and executory.
labor wage: and Provided, finally, That the person or
enterprise who wishes to avail himself or itself of this
incentive should pay his apprentices the minimum
wage.
Chapter II
LEARNERS