Law Summary
Processing and Evaluation of UTPs
- Regional offices are responsible for processing and evaluating UTPs.
- They must consider the expertise, duties, and responsibilities of the alien worker alongside the qualifications of the Filipino understudies.
- The evaluation focuses on ensuring that there is effective technology transfer.
- Interviews of understudies before UTP approval may be conducted when deemed necessary.
Duration of the Understudy Training Program
- The program's duration must conform to the standards approved by the Secretary of Labor and Employment for certain industries like hotel, restaurant, garment, and textile.
- In industries without existing standards, the Regional Offices are to strictly adhere to a two (2) or three (3) year duration as specified in Section 6 of Department Order No. 5.
- The maximum duration of UTP must not exceed five (5) years as set by Department Order No. 7, Series of 1990.
Monitoring of the Understudy Training Program
- Regular monitoring of the UTP progress is required by the Regional Office.
- This is done through semi-annual progress reports submitted by both alien workers and understudies.
- During the renewal of the Alien Employment Permit, Regional Offices must conduct direct assessments by interviewing the understudies.
Compliance and Submission of Terminal Reports
- Employers are mandated to submit a UTP Terminal Report within fifteen (15) days after the completion of the training program.
- The Terminal Report must indicate the status of the understudies as per Section 9 of Department Order No. 5.
Record-Keeping and Reporting Responsibilities
- All Regional Offices must furnish the Bureau of Local Employment with copies of approved UTPs, semi-annual progress reports, terminal reports, and monthly monitoring forms.
- The Bureau of Local Employment oversees the implementation of the UTP.
- The Bureau is also tasked to submit annual reports on the program's implementation to the Office of the Secretary of Labor and Employment.
Enforcement and Compliance
- The guidelines emphasize strict compliance by all concerned parties.
- The issuance of these operational guidelines is intended to ensure effective supervision, technology transfer, and eventual turnover of job responsibilities to Filipino workers.
These provisions collectively promote the professional development of Filipino understudies under the supervision and mentoring of expatriate workers while ensuring regulatory oversight by the Department of Labor and Employment's regional offices and the Bureau of Local Employment.