Question & AnswerQ&A (Republic Act No. 10917)
The main purpose of Republic Act No. 10917 is to amend certain provisions of Republic Act No. 9547 to strengthen and expand the coverage of the Special Program for Employment of Students (SPES), facilitating the employment of poor but deserving students, out-of-school youth, and dependents of displaced or would-be displaced workers.
Eligible individuals include poor but deserving students, out-of-school youth (OSY), or dependents of displaced or would-be displaced workers due to business closures, work stoppages, or natural calamities. They must be intending to enroll in secondary, tertiary, or technical-vocational institutions, aged 15 to 30 years.
They must be paid a salary or wage not lower than the minimum wage for private employers or the applicable hiring rate for national and local government agencies.
Secondary level students may only be employed during summer and/or Christmas vacations.
The period of employment shall be from twenty (20) to seventy-eight (78) working days except during Christmas vacation employment, which shall be from ten (10) to fifteen (15) days.
Students employed in activities related to their course may earn equivalent academic and practicum or on-the-job training credits as determined by appropriate government agencies.
They are those whose parents' combined income together with their own does not exceed the annual regional poverty threshold level for a family of six (6) as determined by the National Economic and Development Authority (NEDA).
Sixty percent (60%) of the salary or wage is paid by the employer in cash, and forty percent (40%) is paid by the government in cash directly to the student or through financial institutions or other payment facilities.
Yes, LGUs may assume responsibility for paying the salary or wages in full. Also, for low-income LGUs, the national government share may be increased up to seventy-five percent (75%) depending on their financial capacity.
SPES beneficiaries are entitled to social protection through an insurance coverage with the Government Service Insurance System (GSIS) for a period of one (1) year.
The Public Employment Service Office (PESO) is responsible for employment facilitation services to applicants.
Participating employers, in coordination with PESO, must inform SPES employees of their rights, benefits, and privileges under existing laws, company policies, and employment contracts.
The immediate heirs of the SPES beneficiary may claim the salary, provided that proof of the sickness, absence, or death is clearly established.
The amount necessary is authorized to be appropriated in the General Appropriations Act and subsequent acts, with appropriations not to be reduced below the previous year's amount and required to be increased by at least twenty percent (20%) annually.
If any provision is declared unconstitutional, it shall not affect the validity and effectivity of the other provisions of the Act.
The Act took effect fifteen (15) days after its publication in the Official Gazette or at least two (2) newspapers of general circulation.