Article 17Labor and Agrarian Laws and Social Legislation, p. 17

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

TESDA shall set the mechanisms and guidelines for the

evaluation

of

competencies

not covered by existing

training regulations.

(c) JobStart Internship:

(1) The JobStart internship period shall not be more

than three (3) months or six hundred (600) hours. The

total daily training hours shall be eight (8) hours exclusive

of not less than sixty (60) minutes time off for the regular

meals.

(2) The internship period may be beyond eight (8)

hours a day: Provided, That said overtime shall not exceed

two (2) hours a day. The JobStart trainee shall be paid for

the overtime stay an additional stipend equivalent to the

daily internship stipend plus at least twenty-five percent

(25%) thereof.

(3) In case of night shift training, the JobStart trainee

shall be entitled to a night shift differential pay of not less

than ten percent (10%) of the internship stipend for each

hour of training between ten o'clock in the evening and

six o'clock in the morning.

(4) A JobStart trainee may be trained during regular

holidays: Provided, That the trainee is willing to and will

be compensated twice the daily internship stipend on a

regular holiday.

(5) The time spent on overtime stay shall be duly

credited to the trainee's number of training hours.

(6) A JobStart trainee shall no longer be required to

undergo

a

probationary

period

at

the

end

of

the

internship phase should the trainee be hired in the same

establishment

upon

completion

of

the

program:

Provided, That said trainee also completed his or her

technical training within the training plan prepared by

the same participating employer.

SECTION 12. Entitlement to Other Benefits and

Incentives. — Notwithstanding the LGU or participating

employer's preference to provide additional or other

health

services

or

insurance

support,

the

JobStart

trainees shall be covered with a basic accident insurance

for the duration of the program to be paid by the DOLE.

The participating employer shall be reimbursed by the

DOLE and disbursed through the PESO with the cost of

the

JobStart

trainee's

pre-training

and

employment

medical examinations. On the other hand, the LGU shall

exempt the JobStart trainees from securing a work

permit.

SECTION

13.

Duties

and Responsibilities of the

JobStart Trainee. — The JobStart trainee shall exert every

effort to acquire the abilities, values, and knowledge

necessary to achieve the purpose of the training. Towards

this end, the trainee shall:

(a) Submit to the PESO the following documents:

(1) NSO birth certificate or any government issued

identification card with the applicant's birth date;

(2) High school and college diploma, if applicable;

(3) Transcript of records of highest educational level

attained; and

(4) Training certificates or a national certification

issued by the TESDA, if applicable.

(b) Enter into either a training or service contract with

the participating employer;

(c) Report for training or work in the establishment

based on the schedule indicated in the training or work

contract;

(d) Perform tasks and activities indicated in the

training plan;

(e)

Use

tools,

instruments,

machines

and

other

equipment with due care;

(f) Not reveal any business or trade secrets that have

come to the trainee's knowledge in the course of the

training;

(g) Adhere to the existing rules and regulations of the

establishment; and

(h) Report to the PESO for an exit interview after the

completion of the internship period.

SECTION

14.

Participation

of

Employers.

—

An

employer shall be allowed to take in JobStart trainees

only up to a maximum of twenty percent (20%) of its total

workforce. The employer shall not take in the same

trainee to be part of the former's engagement in a similar

training program such as the Dual Training Program and

the National Apprenticeship Program.

The participating employers must have the following:

(a) Legitimate business operating within the LGU's

area;

(b)

COC

on

General

Labor

Standards

and

Occupational Safety and Health (OSH) Standards;

(c)

Capacity

to

provide,

in

case

of an in-house

arrangement, or facilitate, in case of a third-party training

provider, a technical vocational education and training

(TVET)

to

JobStart

trainees,

and to arrange for the

disbursement of the internship stipend;

(d) Capacity to provide for up to three (3) months

internship or work experience to JobStart trainees, with a

commitment to pay at least seventy-five percent (75%) of

the

daily

minimum

wage

for

the

relevant

city

or

municipality;

(e) Capacity to develop a training plan to be learned

and applied by the trainee in the establishment;

(f)

Capacity

to

mentor

and

monitor

a

JobStart

trainee's performance; and

(g) Interest and willingness to absorb or offer possible

regular employment to JobStart graduates.

SECTION

15.

Duties

and

Responsibilities

of

Employers. — The participating employer shall perform

the following:

(a)

Design

and

implement

the

training plan in

partnership with a TVET institution, as applicable;

(b) Enter into either a training or work contract with

the JobStart trainee;

(c) Provide to the JobStart trainee practical training or

work experience for a maximum period of three (3)

months or six hundred (600) hours;

(d) Pay the JobStart trainee a daily stipend of not less

than seventy-five percent (75%) of the daily minimum

wage of the city or municipality where the establishment

is located;

(e)

Encourage

the

JobStart

trainee

to

develop

personality

and

professionalism

and

to

the

extent

possible, protect the JobStart trainee from physical or

moral danger;

(f) Submit monitoring and evaluation reports or other

information on the trainee's performance as may be

required by the DOLE or the PESO;

(g) Submit invoices to the PESO for reimbursement or

liquidation of expenses, as the case may be, of training

costs, internship stipend and other administrative costs;

and

(h) Notify the PESO and the JobStart unit of a

trainee's breach of contract or misconduct in the training

premises prior to its decision to suspend or terminate the

training.

SECTION 16. Termination of Training Contract. —

Any of the following shall be a valid cause to terminate

the training contract:

(a) By the employer:

(1) Habitual absenteeism of the trainee;

(2)

Willful

disobedience

by

the

trainee

of

the

establishment's rules, or insubordination of a lawful order

of a superior;

© Compiled By RGL

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