An Act Establishing an Apprenticeship Training System and a National Apprenticeship Council, Defining the Powers and Duties of the Said Council and Providing Funds Therefor

REPUBLIC ACT No. 1826

An Act Establishing an Apprenticeship Training System and a National Apprenticeship Council, Defining the Powers and Duties of the Said Council and Providing Funds Therefor

National Apprenticeship Act of 1957

Repealed by Presidential Decree No. 442

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. This Act shall be known as the "National Apprenticeship Act of 1957."

Section 2. In order to meet adequately the progressively increasing demand for a skilled-labor force necessary to the industrialization of the Philippines and to increase productivity, it is hereby declared to be the policy of the Government: (1) to establish a national apprenticeship system through the voluntary cooperation of employers and workers and interested governmental and non-governmental agencies; and (2) to provide for the establishment and furtherance of apprenticeship standards to safeguard and promote the welfare of apprentices.

Section 3. The Department of Labor shall, in addition to its duties and functions, perform the following:

Section 4. The Department of Labor shall:

Section 5. Any employer may enter into an apprenticeship agreement with a qualified apprentice. Each apprenticeship agreement shall contain:

Section 6. Every apprenticeship agreement shall be signed by the employer or his agent, or by an authorized representative of an association or group of employers or employees, or by an apprenticeship committee, and by the apprentice; and, if the apprentice is a minor, by the minor's parent or guardian. Where a minor enters into apprenticeship agreement under this Act for a period of training which shall extend into his majority, the apprenticeship agreement shall likewise be binding for such a period as may be covered during the apprentice's majority.

Every apprenticeship agreement entered under this Act shall be approved by the parties to the appropriate existing collective bargaining agreement. Each such apprenticeship agreement shall also be approved by the appropriate apprenticeship committee. Where there is no appropriate apprenticeship committee or no collective bargaining agreement, each such apprenticeship agreement shall be approved by the Secretary of Labor, and a copy of each such agreement shall be filed with the Department of Labor.

Section 7. Upon the complaint of any interested person or upon his own initiative, the Secretary of Labor or his representatives shall investigate any violation of the terms of an apprenticeship agreement made under this Act, and for such purpose he shall hold hearings, inquiries, and other proceedings necessary to such investigations and determinations and issue subpoena and subpoena duces tecum. The parties to such agreement shall, upon reasonable notice thereof, be given a fair impartial hearing. All such hearings, investigations and determinations shall be made pursuant to such rules and procedures as may be prescribed by the Department of Labor.

Section 8. Any party to an apprenticeship agreement aggrieved by an order or decision of the Secretary of Labor may bring the appropriate proceedings in the courts. The decision of the Secretary of Labor shall be conclusive and final, if action thereon is not filed in court within thirty days after the date of notice of such order or decision.

No person shall institute any action for the enforcement of any apprenticeship agreement, or damages for the breach of any such agreement, made under this Act unless he shall first have exhausted all administrative remedies provided by this Act.

Section 9. To ensure the effective implementation of the policy laid down in section two hereof;

Section 10. As used in this Act.—

Section 12. If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act, or the application of any provision thereof to other persons or circumstances shall not be affected thereby.

Section 13. The sum of one hundred fifty thousand pesos or so much thereof as may be necessary is hereby appropriated out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this Act and as a special scholarship fund for the expenditure of apprentices for the fiscal year nineteen hundred fifty-seven to nineteen hundred fifty-eight. Nothing in this Act shall, however, be construed to prevent the acceptance by the Department of Labor of voluntary contributions for the support of apprenticeship and labor-management committees.

Section 14. All Acts or part of Acts inconsistent with any provision of this Act are hereby repealed.

Section 15. This Act shall take effect upon its approval.

Approved: June 22, 1957.