Article 18Labor and Agrarian Laws and Social Legislation, p. 18

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

(3)

Theft

or

malicious

destruction

of

the

establishment's property or equipment by the trainee;

(4)

Engaging

in

violence

or

other

forms

of

misconduct in the training or establishment's premises

by the trainee; and

(5) Inefficiency or poor training performance for a

prolonged period despite warnings duly given to the

trainee.

(b) By the JobStart trainee:

(1) Substandard or harmful working conditions within

the establishment's premises;

(2) Cruel and inhumane treatment; and

(3) Prolonged or continuing illness.

Either party may furnish the other party a notice of

intent to terminate the training contract for cause as

defined in this section.

In case the training contract has been terminated,

replacement of a JobStart trainee in an establishment

shall be allowed subject to the cause of termination. In

case the termination is caused by the employer, the

JobStart

trainee

may

still

be

referred

to

other

participating

employers.

In

case

the

termination

is

caused

by

the

trainee's

non-adherence

to

program

guidelines, a new trainee may still be provided to the

employer provided that there are other trainees available

for deployment.

SECTION 17. Grievance Committee. — The Grievance

Committee shall have the initial responsibility of settling

differences

in

case

of

any

violation

of the training

agreement or upon the filing of a complaint by an

aggrieved

party.

The

Grievance

Committee

shall be

composed of the officials and representatives of the

concerned DOLE regional and field offices, and PESOs

which have jurisdiction over concerned establishments.

The Committee shall investigate and render a decision

pursuant to pertinent rules and regulations. In case of

failure by the Grievance Committee to settle the issue or

render a decision, or in case the complaint is against

members of the Grievance Committee, the case shall be

referred to the DOLE-BLE for appropriate action.

SECTION 18. Payment of Administrative Fee. —

Participating employers shall receive an amount per

month per JobStart trainee to cover administration cost

in managing the trainee, such amount to be determined

by the DOLE.

SECTION 19. Partnership with Local Government. —

The LGUs, through the PESOs, shall serve as the conduit

of the DOLE in implementing the program at the local

level. The PESOs are expected to:

(a)

Hire

adequate

staff

to

ensure

the

smooth

implementation of the program;

(b) Organize the registration process for the program

intake of registrants;

(c) Process and evaluate information of registrants

and select eligible program beneficiaries;

(d) Conduct job matching and referral;

(e)

Collect

and

review

relevant

financial

and

administrative documents and reports as necessary for

the processing of the training grants to the JobStart

trainees, as well as the administrative fee provided to the

employer;

(f)

Maintain

a

complete

profile

and

record

of

transactions of program participants and employers; and

(g) Submit a monthly program monitoring report to

the DOLE, copy furnished the concerned DOLE regional

and

field

offices,

and

the

office

of

the local chief

executive.

SECTION

20.

Enhancement

of

Labor

Market

Information System (LMIS). — To develop local LMIS,

participating PESOs shall make use of the DOLE's Skills

Registry System (SRS) to manage the records of JobStart

trainees, employers, and PESO transactions. The PESO

staff shall be trained in the use of the SRS and job

matching.

The DOLE regional and field offices and the BLE shall

establish

the

necessary

information

technology

infrastructure and system to improve the collection,

processing,

analysis,

report

development,

and

dissemination of PESO statistics and other labor market

information. Towards this end, labor market analysts shall

be hired by the DOLE and the BLE to provide technical

assistance in maintaining the LMIS at all levels.

SECTION 21. Oversight Committee. — An Oversight

Committee shall oversee the implementation of the

JobStart Program. The Committee shall be chaired by the

DOLE.

The

Committee

shall

be

composed

of

representatives from the Department of the Interior and

Local Government (DILG), Department of Social Welfare

and Development (DSWD), National Youth Commission

(NYC),

TESDA,

and

representatives

from

the

youth,

employer, and labor sectors. An annual progress report

shall be transmitted to both Houses of Congress through

the Secretary of Labor and Employment.

SECTION 22. Appropriations. — To carry out the

provisions of this Act, such amount as may be necessary

is

hereby

authorized

to

be

appropriated

from

the

National Treasury. Thereafter, such sums as may be

necessary for the continued implementation of this Act

shall be included in the General Appropriations Act as a

separate item under the DOLE's budget.

SECTION 23. Penalty Clause. — Any violation of the

provisions of this Act or its implementing rules and

regulations

shall

be

subject

to

the general penalty

provided for in the Labor Code, as amended.

Employers

found

offering

unregistered

JobStart

programs

shall

be

subjected

to

program

closure

proceedings

without

prejudice

to

the

filing

of

administrative, criminal or civil liabilities.

The DOLE Secretary may file the necessary civil

and/or criminal cases as may be deemed reasonable and

appropriate pursuant to this Act for any of the following

causes:

(a) Fraud or deceit committed in connection with the

employer's participation in the JobStart program; and

(b)

Failure

to

comply

with

the

conditions

or

obligations prescribed under this Act or its implementing

rules and regulations.

SECTION 24. Implementing Rules and Regulations.

— Within ninety (90) days from the effectivity of this Act,

the Secretary of Labor and Employment, in coordination

with concerned agencies, shall formulate the necessary

rules and regulations to implement the provisions of this

Act.

SECTION 25. Separability Clause. — If any provision

of this Act is held invalid or unconstitutional, the same

shall not affect the validity and effectivity of the other

provisions hereof.

SECTION 26. Repealing Clause. — All laws, decrees,

executive orders, and rules and regulations contrary to or

inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SECTION 27. Effectivity. — This Act shall take effect

fifteen (15) days from the date of its publication in the

Official Gazette or in at least two (2) newspapers of

general circulation.

Approved: June 29, 2016.

(JobStart Philippines Act, Republic Act No. 10869,

[June 29, 2016])

RA No 10911 | Anti-Age Discrimination

in Employment Act

© Compiled By RGL

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