Labor Code: Book II — Human Resources Development; Title II — Training and Employment of Special Workers; Chapter II — Learners (September 12, 2023)


 Book II — Human Resources Development

Title II — Training and Employment of Special Workers 

Chapter II — Learners


Q: What is the difference between learnership and apprenticeship?



Art. 73. Learners defined. 

Learners are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.



Art. 74. When learners may be hired. 

Learners may be employed when no experienced workers are available, the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower working standards.


Art. 75. Learnership agreement.

Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include:

  1. The names and addresses of the learners;
  2. The duration of the learnership period, which shall not exceed three (3) months;
  3. The wages or salary rates of the learners which shall begin at not less than seventy-five percent (75%) of the applicable minimum wage; and
  4. A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. All learners who have been allowed or suffered to work during the first two (2) months shall be deemed regular employees if training is terminated by the employer before the end of the stipulated period through no fault of the learners.

The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or his duly authorized representative.



Art. 76. Learners in piecework. 

Learners employed in piece or incentive-rate jobs during the training period shall be paid in full for the work done.


Art. 77. Penalty clause. 

Any violation of this Chapter or its implementing rules and regulations shall be subject to the general penalty clause provided for in this Code.


Notes:

Distinction Between Apprenticeship and Learnership

Similarities
  • Both training period for jobs requiring skills that can be acquired through actual work experience
  • Both are not fully productive as regular workers
  • Both may be paid wages 25% lower than the applicable minimum wage.

Differences:

  • As to terms of training
    • Learner
      • Trains in semi-skilled job or in industrial occupations that require trainings for less than three months
    • Apprentice
      • Trains in skilled or highly-skilled job or in a job found only in a highly technical industry
  • As to training period
    • Learner
      • Trains for less than three months
    • Apprentice
      • Trains for more than three months
  • As to commitment
    • Learner
      • Employer is committed to hire the learner-trainee as an employee after the training period because the job is more easily learnable
    • Apprentice
      • No commitment exists
  • As to employment
    • Learner
      • -
    • Apprentice
      • Legally allowed only in highly technical industries and only in apprenticeable occupations approved by DOLE

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