Duties and Powers of the Department of Labor
- Implement apprenticeship policy as legislated by Congress.
- Organize and develop apprenticeship training programs to meet labor market needs.
- Coordinate with governmental and private entities providing vocational guidance.
- Recommend measures to promote apprenticeship training.
- Assist in determining skilled labor requirements and effective manpower distribution.
- Establish and enforce minimum training standards in apprenticeable trades.
- Set standards for employment conditions including qualifications, wages, working hours, and training duration.
- Approve, suspend, or revoke apprenticeship programs and agreements.
- Issue certificates of apprenticeship and promulgate implementing rules and regulations.
- Deny apprenticeships to employers violating the Act or agreements.
- Submit annual reports to the President and Congress on activities and findings.
Functions of the Department of Labor in Apprenticeship Management
- Develop apprenticeship standards and supervise programs.
- Promote collaboration between employers and workers to formulate apprenticeships.
- Conduct research and disseminate findings related to apprenticeship.
- Offer technical assistance to apprenticeship committees and related organizations.
- Maintain registries of apprenticeship agreements, programs, and committees.
- Act as a clearinghouse for apprenticeship operations across industries and regions.
- Protect and promote the welfare of apprentices.
Apprenticeship Agreement Requirements
- Must be entered between an employer and a qualified apprentice.
- Must include full names of parties, date of birth of apprentice, trade details, and duration.
- Specify hours for on-the-job work and related instruction, ensuring total does not exceed legal limits.
- Include detailed training schedule and graduated wage scale.
- Provide for a probation period not exceeding 500 hours or four months.
- Allow for contract transfer to another employer with Department of Labor approval if original employer cannot fulfill obligations.
- Include additional lawful terms to effectuate the Act’s objectives.
- Apprentice must receive a copy of the agreement free of charge.
Formalities for Execution and Approval of Apprenticeship Agreements
- Agreements must be signed by employer/representative and apprentice; for minors, also by parent/guardian.
- Agreements remain binding past the apprentice’s minority if training extends into majority.
- Must be approved by parties to existing collective bargaining agreements and apprenticeship committees.
- If no such committees or agreements exist, approval by the Secretary of Labor is required.
- Copy of approved agreement to be filed with the Department of Labor.
Investigation and Enforcement Procedures
- Secretary of Labor authorized to investigate violations of apprenticeship agreements on complaint or own initiative.
- Powers include holding hearings, issuing subpoenas, and conducting inquiries.
- Parties entitled to fair hearing with reasonable notice.
- Investigations governed by Department of Labor prescribed rules and procedures.
Judicial Review and Exhaustion of Administrative Remedies
- Aggrieved parties may seek court action upon Secretary of Labor’s decision.
- Decisions of the Secretary become final unless challenged within 30 days of notice.
- Court action for enforcement or damages under apprenticeship agreements requires prior exhaustion of administrative remedies.
Roles of the National Employment Service and Department of Education
- National Employment Service to prepare economic analyses for industries and provide aptitude tests for apprentice selection.
- Department of Education responsible for related and supplemental instruction, provision of materials, and oversight of apprentice educational progress.
- Supports development of instructional courses aligned with on-the-job training.
- Advises the Department of Labor and apprenticeship committees.
- May delegate duties to public or private agencies but retains ultimate responsibility.
Definitions and Scope of Applicability
- Apprentice: Worker aged 16 or above bound by a written apprenticeship agreement covering at least 2,000 hours of employment plus related instruction.
- Apprenticeship: Systematic training in an apprenticeable occupation for a specified period under a contractual agreement.
- Apprenticeable occupation: Defined by criteria including practical on-the-job learning, recognized skilled trade status, minimum required hours of training, and exclusion of certain sectors.
- Employer and employee: Broadly defined to include those acting on behalf or interest of respective parties.
- Industry: Includes all trades, businesses, or branches where gainful employment occurs.
- Person: Broadly defined to include individuals and various legal entities.
Exclusion
- The Act explicitly excludes seamen from its applicability.
Severability Clause
- Invalidity of any provision or application does not affect the remainder of the Act or other applications.
Appropriations and Funding
- Appropriates PHP 150,000 for fiscal year 1957-1958 to effectuate the Act and provide apprentices’ scholarships.
- Permits acceptance of voluntary contributions for apprenticeship support.
Repealing Clause
- Repeals inconsistent acts or parts thereof to align with this Act.
Effectivity
- The Act takes effect upon approval by the government.