coordination with existing non-government organizations (NGOs) and people’s
organizations
(POs) which provide parallel services to disabled persons.
2.3 Entitlement to sheltered employment.
(a) Any disabled person who is literate and/or can follow simple instructions and routine
work, provided he has undergone training in any particular work or service, shall be
entitled to sheltered employment.
(c) The DOLE shall provide training in pre-determined preferential trades for the
disabled
who are bound for sheltered employment.
SECTION 3. Apprenticeship and Learnership
3.1 Qualification for Apprenticeship. – To qualify as an apprenticeship or learner, the
handicap
of the disabled person should not be such as to effectively impede the performance of
job
operation in the particular occupation for which he shall be hired.
In addition, the disabled worker shall:
a.) Be at least fourteen (14) years of age;
b.) Possess vocational aptitude and capacity for apprenticeship; and
c.) Posses the ability to comprehend and follow oral and written instructions.
3.2 Apprenticeship agreement. – Every apprenticeship agreement shall include the
following:
(a) The full names and addresses of the contracting parties;
(b) Date of birth of the apprentice;
(c) Name of the trade, occupation or job in which the apprentice will be trainee and the
dates on which such training will begin and will approximately end;
(d) The approximate number of hours of on-the-job training as well as of supplementary
theoretical instructions which the apprentice shall undergo during his training;
(e) A schedule of the work processes of the trade/occupation in which the apprentice
shall be trained and the approximate time to be spent on the job in each process;
(f) The graduated scale of wage to be paid the apprentice;
(g) The probationary period of the apprentice during which either party may summarily
terminate the agreement;
(h) A commitment by the employer to make the apprentice a regular employee if the
latter’s services are retained upon completion of the apprenticeship period; and
(i) A clause that if the employer is unable to fulfill his training obligation, he may
transfer the agreement, with the consent of the apprentice, to any other
employer who is willing to assume such obligation.
The employer shall furnish the concerned Regional Office of DOLE a copy of the
apprenticeship agreement five (5) working days from the date of its execution.
3.3 Apprenticeship programs. –
(a) NMYC shall develop throughout the year apprenticeship programs for
disabled persons.
(b) DOLE shall encourage private companies to develop and implement
apprenticeship programs for disabled persons.
(c) Apprenticeship programs shall include placement assistance with
accredited NGOs.
3.4 Learnership agreement. – Any employer desiring to employ learners shall enter
into a
Learnership Agreement with them, which shall include:
(a) the name and address of the learner;
(b) the duration of the learnership period, which shall not exceed three (3) months;
(c) the wages or salary rates of the learner which shall begin at not less than seventyfive
percent (75%) of the applicable minimum wage; and
(d) A commitment by the employer to employ the learner, if he so desires, as a regular
employee upon completion of the learnership. A learner who has been allowed or
suffered to work during the first two (2) months shall be deemed a regular employee if
training is terminated by the employer before the end of the stipulated period through no
fault of the learner.