JobStart Program nationwide implementation law

Policy, objectives, and guiding intent

Section 2 declares the State policy to promote full employment, equality of employment opportunities, and full protection to labor.
Section 2 adopts the ILO Decent Work Agenda.
Section 2 commits the State, as a signatory to ILO Convention 88, to promote the establishment of Public Employment Service Office (PESO) as the primary institution at the local level for active labor market programs, including job search assistance, training, and placement for the unemployed, particularly young jobseekers.
Section 3 states that the JobStart Philippines Program aims to shorten the youth’s school-to-work transition by enhancing knowledge and skills from formal education or technical training so jobseekers can meet labor market demands.
Section 3 provides that the program includes the participation of the private sector and other stakeholders to develop life skills, including professionalism and work appreciation, and to provide a conducive and safe work environment where trainees can apply theories and code of ethics.
Section 3 further directs the program to improve delivery of employment facilitation services of PESOs.

Key definitions governing the program

Section 4(a) defines Employer as an establishment or enterprise that may be a company, sole proprietorship, partnership, corporation, or any other legal entity registered under relevant laws that provides a venue for training and placement of JobStart trainees.
Section 4(b) defines Internship stipend as the amount the JobStart trainee receives from the participating employer for the internship period.
Section 4(c) defines JobStart as DOLE’s program to enhance employability of at-risk youth through full-cycle employment facilitation services, including job search assistance, free technical and life skills trainings, placement in internships, and job referral from PESOs.
Section 4(e) defines JobStart internship as practical learning in a regular work environment with a participating employer for up to three (3) months, as determined by the employer.
Section 4(f) defines JobStart life skills training as a ten (10)-day training designed to develop behavior, attitude, and values to help trainees plan career paths and deal effectively with life and work demands.
Section 4(g) defines JobStart technical training as technology-based theoretical instruction for up to three (3) months, plus hands-on exercises in a laboratory or workshop, conducted in a TVI registered with TESDA, in-house in a participating employer, or in available LGU facilities.
Section 4(h) defines JobStart trainee as an eligible JobStart registrant selected for the program.
Section 4(i) defines JobStart unit as the office established and managed by the Bureau of Local Employment (BLE) and DOLE regional offices, and the participating PESOs, to implement and oversee the program.
Section 4(j) defines Technical training certificate as a certification jointly issued by DOLE, TESDA, and the participating employer after program completion and assessment of competencies; it must include a list of the units of competency and qualification acquired.
Section 4(k) defines Training allowance as the amount the JobStart trainee receives from the JobStart unit during life skills and technical training.
Section 4(l) defines Training plan as a written plan specifying skills and competencies from technical training to internship, including curriculum/modules, schedule, venue, facilities, cost, and monitoring/evaluation framework; it must be prepared by the employer and approved by the JobStart unit with technical advice from TESDA.

Qualifications and eligibility rules

Section 5 requires a JobStart trainee to be a Filipino citizen.
Section 5 requires the trainee to be eighteen (18) to twenty-four (24) years of age at the time of registration.
Section 5 allows seventeen (17) year olds to register provided they are eighteen (18) years old at the time of the technical training.
Section 5 requires at least reaching high school level.
Section 5 requires the trainee to be not employed, studying, or undergoing training at the time of registration.
Section 5 requires the trainee to have no work experience or less than one (1) year of accumulated work experience.

Program structure and trainee status

Section 6 provides that the JobStart Program includes full employment facilitation services: registration, client assessment, life skills training with one-on-one career coaching, technical training, job matching, and referrals to employers for further technical training, internship, or decent employment.
Section 7 provides that a JobStart registrant is a trainee and not an employee of the participating employer for the duration of the training program.
Section 7 mandates that JobStart graduates receive preference in hiring by participating employers.
Section 7 requires PESO assessment after life skills training to determine whether the trainee is ready for referral to decent employment or requires further training.
Section 11 requires the training period be divided into three (3) phases: life skills training, technical training, and internship.

Life skills, technical training, internship rules

Section 11(a) mandates life skills training be conducted by PESOs with technical assistance from DOLE for ten (10) days, with at least one life skill taught each day.
Section 11(a) requires DOLE to develop life skills training modules in consultation with DepEd, CHED, TESDA, and other stakeholders.
Section 11(b)(1) mandates technical training for up to three (3) months, and allows the trainee to skip or be exempted from technical training and transition directly to internship upon the recommendation of the participating employer and approval by the PESO.
Section 11(b)(1) allows technical training to be less than three (3) months depending on skills and competencies to be achieved and as determined by the participating employer.
Section 11(b)(2) provides that the trainee receives a training allowance from the JobStart unit during technical training.
Section 11(b)(3) requires technical training to allow acquisition of a qualification or competencies aligned with applicable TESDA training regulations so the trainee may obtain a National Certificate (NC) or Certificate of Competency (COC).
Section 11(b)(3) directs TESDA to set mechanisms and guidelines for evaluation of competencies not covered by existing training regulations.
Section 11(c)(1) mandates the internship period be not more than three (3) months or six hundred (600) hours, with total daily training hours of eight (8) hours exclusive of not less than sixty (60) minutes time off for regular meals.
Section 11(c)(2) allows internship beyond eight (8) hours a day provided overtime does not exceed two (2) hours a day; overtime must be paid with an additional stipend equivalent to the daily internship stipend plus at least twenty-five percent (25%) thereof.
Section 11(c)(3) requires night shift differential pay of not less than ten percent (10%) of the internship stipend for each training hour between ten o’clock in the evening and six o’clock in the morning.
Section 11(c)(4) permits training during regular holidays if the trainee is willing and will be compensated twice the daily internship stipend on a regular holiday.
Section 11(c)(5) requires overtime stay time be credited to the trainee’s training hours.
Section 11(c)(6) prohibits a probationary period at the end of internship if the trainee is hired in the same establishment upon completion, provided the trainee completed technical training within the training plan prepared by the same participating employer.

Allowances, stipends, and insurance benefits

Section 10(a) provides that trainees receive a daily training allowance from the JobStart unit beginning from the life skills stage to the technical training stage; the amount is determined by DOLE.
Section 10(b) requires that at internship stage, the participating employer provides a daily internship stipend of not less than seventy-five percent (75%) of the prevailing minimum wage in the city or municipality where the establishment is located.
Section 10(b) provides that stipend amount is based on the trainee’s actual attendance.
Section 10(b) requires deductions for absences, tardiness, or undertime in accordance with the training plan.
Section 10(c) requires training allowances and stipends be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.
Section 12(a) requires JobStart trainees be covered with basic accident insurance for the duration of the program, paid by DOLE.
Section 12(a) requires the participating employer be reimbursed by DOLE and disbursed through the PESO for the cost of the trainee’s pre-training and employment medical examinations.
Section 12(a) requires LGUs to exempt JobStart trainees from securing a work permit.

Rights, duties, and responsibilities of trainees

Section 13(a) requires JobStart trainees to submit specified documents to the PESO: NSO birth certificate or any government issued identification card with birth date; high school and college diploma if applicable; transcript of records of highest educational level attained; and training certificates or a TESDA national certification if applicable.
Section 13(b) requires trainees to enter into either a training or service contract with the participating employer.
Section 13(c) requires trainees to report for training or work based on the schedule in the training or work contract.
Section 13(d) requires trainees to perform tasks and activities indicated in the training plan.
Section 13(e) requires trainees to use tools, instruments, machines, and equipment with due care.
Section 13(f) prohibits trainees from revealing any business or trade secrets learned during training.
Section 13(g) requires trainees to adhere to the establishment’s existing rules and regulations.
Section 13(h) requires trainees to report to the PESO for an exit interview after completion of the internship period.

Employer participation: limits and qualifications

Section 14(a) limits employers to take in JobStart trainees only up to a maximum of twenty percent (20%) of its total workforce.
Section 14(b) prohibits an employer from taking the same trainee for its participation in similar training programs such as the Dual Training Program and the National Apprenticeship Program.
Section 14(c) requires participating employers to be legitimate businesses operating within the LGU’s area.
Section 14(d) requires employers to have COC on General Labor Standards and Occupational Safety and Health (OSH) Standards.
Section 14(e) requires employer capacity to provide (for in-house arrangements) or facilitate (for third-party training providers) TVET for JobStart trainees and arrange disbursement of the internship stipend.
Section 14(f) requires employer capacity to provide internship/work experience for up to three (3) months, with a commitment to pay at least seventy-five percent (75%) of the daily minimum wage for the relevant city or municipality.
Section 14(g) requires employer capacity to develop a training plan the trainee will learn and apply in the establishment.
Section 14(h) requires employer capacity to mentor and monitor trainee performance.
Section 14(i) requires employer interest and willingness to absorb or offer possible regular employment to JobStart graduates.

Employer duties and training contract termination

Section 15(a) requires the participating employer to design and implement the training plan in partnership with a TVET institution, as applicable.
Section 15(b) requires employers to enter into either a training or work contract with the JobStart trainee.
Section 15(c) requires employers to provide practical training/work experience for a maximum period of three (3) months or six hundred (600) hours.
Section 15(d) requires employers to pay a daily stipend of not less than seventy-five percent (75%) of the daily minimum wage in the relevant city or municipality.
Section 15(e) requires employers to encourage personality and professionalism and protect trainees from physical or moral danger to the extent possible.
Section 15(f) requires employers to submit monitoring and evaluation reports or other information on trainee performance as required by DOLE or the PESO.
Section 15(g) requires employers to submit invoices to the PESO for reimbursement or liquidation of expenses for training costs, internship stipend, and other administrative costs, as applicable.
Section 15(h) requires employers to notify the PESO and the JobStart unit of trainee breach of contract or misconduct in training premises prior to deciding to suspend or terminate training.
Section 16(a) establishes valid causes for the employer to terminate the training contract, including: habitual absenteeism; willful disobedience or insubordination; theft or malicious destruction; violence or other misconduct; and inefficiency or poor training performance for a prolonged period despite warnings.
Section 16(b) establishes valid causes for the trainee to terminate the training contract, including: substandard or harmful working conditions; cruel and inhumane treatment; and prolonged or continuing illness.
Section 16 authorizes either party to furnish notice of intent to terminate for cause.
Section 16 allows replacement of a JobStart trainee after termination, subject to the cause of termination; when employer-caused, the trainee may still be referred to other participating employers; when trainee-caused due to non-adherence to program guidelines, the employer may still be provided a new trainee if other trainees are available.

Grievance, administrative fees, and local implementation

Section 17 creates a Grievance Committee with initial responsibility to settle differences when there is a violation of the training agreement or upon filing of a complaint by an aggrieved party.
Section 17 requires the Grievance Committee to be composed of officials and representatives of concerned DOLE regional and field offices and PESOs with jurisdiction over concerned establishments.
Section 17 requires the Grievance Committee to investigate and render a decision pursuant to pertinent rules and regulations.
Section 17 provides that if the Grievance Committee fails to settle or decide, or if the complaint is against Grievance Committee members, the case is referred to DOLE-BLE for appropriate action.
Section 18 provides that participating employers receive an amount per month per JobStart trainee to cover administration cost in managing the trainee, with the amount determined by DOLE.
Section 19 provides that LGUs through PESOs serve as the conduit of DOLE in implementing the program at the local level.
Section 19 directs PESOs to hire adequate staff; organize registration; process and evaluate information and select eligible beneficiaries; conduct job matching and referral; collect and review financial and administrative documents for training grants and the employer’s administrative fee; maintain complete profiles and records of program participants and employers; and submit a monthly program monitoring report to DOLE, copied to the concerned DOLE regional and field offices and the office of the local chief executive.

JobStart unit, DOLE roles, and labor market systems

Section 8 requires DOLE to establish a JobStart unit at the BLE and in every DOLE regional office.
Section 8 directs the JobStart unit to provide employers the training costs, administrative costs, or other fees as specified under a memorandum of agreement between DOLE and the employer.
Section 8 requires the JobStart unit to approve training plans in coordination with appropriate PESOs and with technical advice from TESDA.
Section 9 designates DOLE as the executing agency of the JobStart Philippines Program.
Section 9 provides that BLE serves as program manager to provide technical and administrative assistance to concerned regional and field offices and PESOs.
Section 9 requires DOLE regional and field offices to supervise and monitor implementation of JobStart activities in their jurisdictions.
Section 9 requires DOLE to conduct capacity-building activities to train PESOs on the new employment facilitation model, especially career coaching and life skills.
Section 20 requires participating PESOs, for local LMIS development, to use DOLE’s Skills Registry System (SRS) to manage records of JobStart trainees, employers, and PESO transactions.
Section 20 requires PESO staff to be trained in use of SRS and job matching.
Section 20 requires DOLE regional and field offices and BLE to establish information technology infrastructure to improve collection, processing, analysis, report development, and dissemination of PESO statistics and other labor market information.
Section 20 requires labor market analysts to be hired by DOLE and BLE to provide technical assistance in maintaining LMIS at all levels.

Oversight committee, appropriations, and penalties

Section 21 creates an Oversight Committee to oversee implementation of the JobStart Program.
Section 21 requires the Oversight Committee to be chaired by DOLE.
Section 21 requires members from DILG, DSWD, NYC, TESDA, and representatives from youth, employer, and labor sectors.
Section 21 requires an annual progress report to be transmitted to both Houses of Congress through the Secretary of Labor and Employment.
Section 22 authorizes the appropriation of such amounts as may be necessary from the National Treasury, and requires that continued implementation be funded through the General Appropriations Act as a separate item under DOLE’s budget.
Section 23(a) subjects any violation of the provisions of this Act or its implementing rules and regulations to the general penalty provided for in the Labor Code, as amended.
Section 23(b) provides that employers offering unregistered JobStart programs are subjected to program closure proceedings without prejudice to filing of administrative, criminal, or civil liabilities.
Section 23(c) authorizes the DOLE Secretary to file civil and/or criminal cases deemed reasonable and appropriate for: fraud or deceit in connection with employer participation; and failure to comply with conditions or obligations under this Act or its implementing rules and regulations.

Implementing rules, separability, repeals, and effectivity

Section 24 requires the Secretary of Labor and Employment, within ninety (90) days from the effectivity of the Act, to formulate implementing rules and regulations in coordination with concerned agencies.
Section 25 provides a separability clause: invalid or unconstitutional provisions do not affect the validity and effectivity of the remaining provisions.
Section 26 contains a repealing clause: all laws, decrees, executive orders, and rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.