An Act to Amend Republic Act Numbered One Thousand Eight Hundred Twenty-Six, Entitled "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. 2628

An Act to Amend Republic Act Numbered One Thousand Eight Hundred Twenty-Six, Entitled "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"

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

Section 1. A new section, two-A, is hereby added to Republic Act Numbered One Thousand eight hundred and twenty-six, to read:

Section 2. Section three of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 3. A new section, three-A, is hereby added to Republic Act Numbered One thousand eight hundred and twenty-six, to read:

Section 4. Section four of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 5. A new section, four-A is hereby added to Republic Act Numbered One thousand eight hundred and twenty-six, to read:

Section 6. Section five of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 7. Section six of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 8. Section seven of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 9. Section eight of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 10. Section nine of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 11. Section ten of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 12. Section thirteen of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

Section 13. All appropriations, personnel, files, records, properties, supplies and equipment belonging to the apprenticeship division of the Department of Labor are hereby transferred to the Office of Apprenticeship.

Section 14. The title of Republic Act Numbered One thousand eight hundred and twenty-six is hereby amended to read as follows:

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

Approved: June 18, 1960.

Sec. 2-A. For these purposes, there is hereby established a National Apprenticeship Council, hereinafter called the Council, composed of seven members, two of whom shall represent employers, two shall represent employees, one shall represent the public, and one each from the Department of Labor and the Department of Education.

"The members of the Council shall be appointed by the President upon the recommendation of the Secretary of Labor with the consent of the Commission on Appointments. The chairman shall be so designated in his appointment. Of the members first appointed, four shall hold office for one year and the other three, for two years. At the expiration of their respective terms, their successors shall be appointed for the term of two years reckoned from the date of such expiration. All vacancies, except those created through expiration of the term, shall be filled for the unexpired term only. Members of the Council shall not receive compensation but members who are not government employees shall be entitled to per diems not exceeding twenty-five pesos for each day of actual attendance, and to reimbursement for all necessary travelling expenses actually incurred in attending to their duties in the Council.

"The Secretary of Labor may appoint such trade or industry committees as may be necessary to advise and assist the Council in carrying out the purposes of this Act. Each of such committees shall be composed of an equal number of representatives of employers and employees and one representing the public who shall act as chairman."

Sec. 3. It shall be the duty and function of the Council:

Sec. 3-A. An administrative machinery called "Office of Apprenticeship" in the Department of Labor is hereby created under a chief to be appointed by the President upon the recommendation of the Secretary of Labor, with the consent of the Commission on Appointments, who, at the time of his appointment should have had specialized training in apprenticeship administration, planning, programming and adequate experience in apprenticeship legislation for not less than two years. The chief of the office of apprenticeship shall have a compensation of seven thousand two hundred pesos per annum which shall be adjusted in accordance with Republic Act Numbered Nine hundred and ninety-seven as implemented.

"The Secretary of Labor shall also appoint such clerical, technical, and professional assistants as may be necessary to the proper operation of this office, and no person shall be appointed technical or professional assistant unless he has had adequate training for the performance of his duties."

Sec. 4. The Office of Apprenticeship shall:

Sec. 4-A. It shall be unlawful for an employer to enter into an apprenticeship agreement or otherwise employ an apprentice in any apprenticeable trade or occupation declared as such by the Council without having a certification in writing by the Office of Apprenticeship to the effect that the plans and standards of the apprenticeship program comply with the provisions of the law and measures up to the standards and policies laid down by the National Apprenticeship Council.

"Any violation of the provisions of this section shall be punished by a fine of not less than one hundred pesos nor more than five hundred pesos, or by imprisonment for not less than thirty days nor more than one year, or both such fine and imprisonment in the discretion of the court.

"If the violation is committed by a firm, association, or corporation, the penalty shall be imposed on the officer or officers thereof who are responsible for the violation."

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

Sec. 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: Provided, That where a minor enters into an 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 period as may be covered during the apprentice’s majority: Provided, further, That every apprenticeship agreement entered under this Act shall be approved by the appropriate apprenticeship committee, if any, and by the chief of the Office of Apprenticeship, and a copy of the agreement shall be filed with the Council.

Sec. 7. Upon the complaint of any interested person or upon his own initiative, the chief of the Office of Apprenticeship or his authorized 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 investigation and issue subpoena and subpoena duces tecum. The parties to such agreement shall, upon reasonable notice thereof, be given a fair and impartial hearing. All such hearing and investigations shall be made pursuant to such rules and procedures as may be prescribed by the Council.

"The decision of the chief of the Office of Apprenticeship shall be filed with the Council and copy thereof shall be sent to the parties. Any person aggrieved by such decision or action may appeal therefrom to the Council, which shall hold a hearing thereon after due notice to the interested parties. Appeal may be made to the Secretary of Labor within fifteen (15) days from notice of the decision of the Council and therefrom to the Court of Appeals within thirty (30) days from the notice of the decision of the Secretary of Labor.

Sec. 8. Any party to an apprenticeship agreement aggrieved by an order or decision of the Council may bring the appropriate proceedings in the courts on question of law. The decision of the Council 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.

Sec. 9. To ensure the effective implementation of the policy laid down in section two hereof:

"The Department of Education, with the approval of the Department of Labor, may delegate all or any of the foregoing duties to an appropriate public or private agency: Provided, That the Department of Education shall have a continuing responsibility for the effective performance of such delegated duties."

Sec. 10. As used in this Act—

Sec. 13. The sum of two hundred 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. Thereafter the necessary funds for this purpose shall be included in the annual General Appropriations for the Department of Labor. Nothing in this Act shall, however, be construed to prevent the acceptance by the office of Apprenticeship of voluntary contributions for the support of apprenticeship and labor-management committees."

"An Act establishing an Apprenticeship System and a National Apprenticeship Council, defining the powers and duties of the said Council and providing funds therefor."