Article 20Labor and Agrarian Laws and Social Legislation, p. 20

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

SECTION

10. Separability Clause. — Should any

provision of this Act be declared unconstitutional, the

remainder thereof not otherwise affected shall remain in

full force and effect.

SECTION 11. Repealing Clause. — All existing laws,

presidential decrees, executive orders, proclamations or

administrative regulations that are inconsistent with the

provisions of this Act are hereby repealed, amended or

modified accordingly.

SECTION 12. Effectivity. — This Act shall take effect

fifteen (15) days after its publication in the Official Gazette

or in a newspaper of general circulation.

Approved:

* Lapsed into Law on July 21, 2016 without the

signature of the President in accordance with Article VI,

Section 27 (1) of the Constitution.

(Anti-Age Discrimination in Employment Act, Republic

Act No. 10911, [July 21, 2016])

II.

Labor Laws Related to

Human Resources

Development

RA No 7796 | TESDA Act of 1994

Rules and Regulations Implementing the TESDA Act

August 25, 1994

AN ACT CREATING THE TECHNICAL EDUCATION AND

SKILLS DEVELOPMENT AUTHORITY, PROVIDING FOR

ITS POWERS, STRUCTURE AND FOR OTHER

PURPOSES

SECTION 1. Title . — This Act shall be known as the

"Technical Educational and Skills Development Act of

1994" or the "TESDA Act of 1994."

SECTION 2. Declaration of Policy . — It is hereby

declared the policy of the State to provide relevant,

accessible, high quality and efficient technical education

and skills development in support of the development of

high quality Filipino middle-level manpower responsive

to and in accordance with Philippine development goals

and priorities.

The State shall encourage active participation of

various concerned sectors, particularly private enterprises,

being direct participants in and immediate beneficiaries

of a trained and skilled workforce, in providing technical

education and skills development opportunities.

SECTION 3. Statement of Goals and Objectives . — It

is the goal and objective of this Act to:

a)

Promote

and

strengthen

the

quality

of

technical education and skills development

programs

to

attain

international

competitiveness.

b)

Focus

technical

education

and

skills

development

on

meeting

the

changing

demands for quality middle-level manpower;

c)

Encourage critical and creative thinking by

disseminating the scientific and technical

knowledge base of middle-level manpower

development programs;

d)

Recognize

and

encourage

the

complementary roles of public and private

institutions in technical education and skills

development and training systems; and

e)

Inculcate

desirable

values

through

the

development

of

moral

character

with

emphasis

on

work

ethic,

self-discipline,

self-reliance and nationalism.

SECTION 4. Definition of Terms . — As used in this

Act:

a)

" Skill " shall mean the acquired and practiced

ability to carry out a task or job;

b)

" Skills Development " shall mean the process

through

which

learners

and

workers

are

systematically

provided

with

learning

opportunities to acquire or upgrade, or both,

their ability, knowledge and behavior pattern

required as qualifications for a job or range of

jobs in a given occupational area;

c)

" Technical

Education "

shall

refer

to

the

education

process

designed

at

post-secondary

and

lower

tertiary

levels,

officially recognized as non-degree programs

aimed

at

preparing

technicians,

para-professionals and other categories of

middle-level workers by providing them with

a

broad

range

of

general

education,

theoretical,

scientific

and

technological

studies, and related job skills training;

d)

" Trade " shall mean any group of interrelated

jobs or any occupation which is traditionally

or officially recognized as craft or artisan in

nature requiring specific qualifications that

can be acquired through work experience

and/or training;

e)

" Middle-Level Manpower " refers to those :

i)

who have acquired practical skills and

knowledge

through

formal

or

non-formal education and training

equivalent to at least a secondary

education

but

preferably

a

post-secondary

education

with

a

corresponding degree or diploma; or

ii)

skilled

workers who have become

highly competent in their trade or

craft as attested by industry;

f)

" Private Enterprises " refers to an economic

system under which property of all kinds can

be privately owned and in which individuals,

alone or in association with another, can

embark on a business activity. This includes

industrial,

agricultural,

or

agro-industrial

establishments engaged in the production,

manufacturing,

processing,

repacking

or

assembly of goods including service-oriented

enterprises;

g)

" Trainers " shall mean persons who direct the

practice

of

skills

towards

immediate

improvement in some task;

h)

" Trainors/trainers " shall mean persons who

provide

training

to

trainers

aimed

at

developing

the

latter's

capacities

for

imparting attitudes, knowledge, skills and

behavior patterns required for specific jobs,

tasks,

occupations

or

group

of

related

occupations;

i)

" Trainees "

shall

mean

persons

who

are

participants in a vocational, administrative or

technical training program for the purpose of

acquiring and developing job-related skills;

j)

" Apprenticeship " training within employment

with

compulsory

related

theoretical

instructions involving a contract between an

apprentice and an employer on an approved

apprenticeable occupation;

k)

" Apprentice " is a person undergoing training

for an approved apprenticeable occupation

during an established period assured by an

apprenticeship agreement;

l)

" Apprenticeship

Agreement "

is a contract

wherein

a

prospective

employer

binds

himself to train the apprentice who in turn

accepts the terms of training for a recognized

apprenticeable occupation emphasizing the

rights,

duties and responsibilities of each

party;

© Compiled By RGL

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