Article 21Labor and Agrarian Laws and Social Legislation, p. 21

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

m) " Apprenticeable

Occupation "

is

an

occupation officially endorsed by a tripartite

body and approved for apprenticeship by the

Authority;

n)

" Learners " refer to persons hired as trainees in

semi-skilled and other industrial occupations

which are non-apprenticeable. Learnership

programs must be approved by the Authority.

o)

" User-Led " or "Market-Driven Strategy" refers

to a strategy which promotes strengthened

linkages

between

educational/training

institutions

and

industry

to

ensure

that

appropriate

skills

and

knowledge

are

provided by the educational system;

p)

" Dual System/Training " refers to a delivery

system of quality technical and vocational

education

which

requires

training

to

be

carried

out

alternately

in two venues: In

school and in the production plant. In-school

training provides the trainee the theoretical

foundation,

basic

training,

guidance

and

human

formation,

while

in-plant

training

develops his skills and proficiency in actual

work conditions as it continues to inculcate

personal discipline and work values;

q)

" Levy

Grant

System "

refers

to

a

legal

contribution

from

participating employers

who would be beneficiaries of the program

(often as a percentage of the payroll) which is

subsequently

turned

over

or

rebated

to

enterprises

offering

employee

training

programs.

SECTION

5.

Technical

Education

and

Skills

Development Authority ; Creation . — To implement the

policy declared in this Act, there is hereby created a

Technical Education and Skills Development Authority

(TESDA), hereinafter referred to as the Authority, which

shall replace and absorb the National Manpower and

Youth Council (NMYC), the Bureau of Technical and

Vocational

Education (BTVE) and the personnel and

functions pertaining to technical-vocational education in

the regional offices of the Department of Education,

Culture

and

Sports

(DECS)

and

the

apprenticeship

program of the Bureau of Local Employment of the

Department of Labor and Employment.

SECTION 6. Composition of the Authority . — The

Authority shall be composed of the TESDA Board and

TESDA Secretariat.

SECTION 7. Composition of the TESDA Board . —

The TESDA Board shall be composed of the following:

The Secretary of Labor and

Employment

Chairperson

Secretary of Education, Culture

and Sports

Co-Chairperson

Secretary of Trade and Industry

Co-Chairperson

Secretary of Agriculture

Member

Secretary of Interior and Local

Government

Member

Director-General of the TESDA

Secretariat

Member

In addition, the President of the Philippines shall

appoint the following members from the private sector:

two

(2)

representatives,

from

the

employer/industry

organization, one of whom shall be a woman; three (3)

representatives, from the labor sector, one of whom shall

be a woman; and two (2) representatives of the national

associations of private technical-vocational education and

training institutions, one of whom shall be a woman. As

soon

as

all the members of the private sector are

appointed, they shall so organize themselves that the

term of office of one-third (1/3) of their number shall

expire every year. The member from the private sector

appointed thereafter to fill vacancies caused by expiration

of terms shall hold office for three (3) years.

The President of the Philippines may, however, revise

the membership of the TESDA Board, whenever the

President

deems

it

necessary

for

the

effective

performance

of

the

Board's

functions

through

an

administrative order.

The TESDA Board shall meet at least twice a year, or

as

frequently

as

may

be

deemed necessary by its

Chairperson.

In

the

absence

of

the

Chairperson,

a

Co-Chairperson shall preside. In case any member of the

Board representing the Government cannot attend the

meeting, he or she shall be regularly represented by an

undersecretary or deputy-director general, as the case

may be, to be designated by such member for the

purpose.

The benefits, privileges and emoluments of the Board

shall be consistent with existing laws and rules.

SECTION 8. Powers and Functions of the Board . —

The

Authority

shall

primarily

be

responsible

for

formulating, continuing, coordinated and fully integrated

technical education and skills development policies, plans

and programs taking into consideration the following:

a) the State policy declared herein of giving new

direction and thrusts to efforts in developing the

quality

of

Filipino

human

resource

through

technical education and skills development;

b)

the implementation of the above-mentioned

policy requires the coordination and cooperation

of

policies,

plans,

and

programs

of different

concerned sectors of Philippine society;

c) equal participation of representatives of industry

groups, trade associations, employers, workers

and government shall be made the rule in order

to

ensure

that

urgent

needs

and

recommendations are readily addressed; and

d) improved linkages between industry, labor and

government

shall

be

given

priority

in

the

formulation of any national-level plan.

The Board shall have the following powers:

1) promulgate, after due consultation with industry

groups, trade associations, employers, workers,

policies, plans, programs and guidelines as may

be necessary for the effective implementation of

this Act;

2)

organize

and

constitute

various

standing

committees,

subsidiary

groups,

or

technical

working

groups

for

efficient

integration,

coordination and monitoring technical education

and skills development programs at the national,

regional, and local levels;

3) enter into, make, execute, perform and carry-out

domestic

and

foreign

contracts

subject

to

existing laws, rules and regulations;

4) restructure the entire sub-sector consisting of all

institutions

and

programs

involved

in

the

promotion

and

development

of

middle-level

manpower through upgrading, merger and/or

phase-out following a user-led strategy;

5) approve trade skills standards and trade tests as

established and conducted by private industries;

6) establish and administer a system of accreditation

of both public and private institutions;

7)

establish,

develop

and

support

institutions'

trainors' training and/or programs;

8) lend support and encourage increasing utilization

of the dual training system as provided for by

Republic Act No. 7686 ;

9) exact reasonable fees and charges for such tests

and

trainings

conducted

and

retain

such

© Compiled By RGL

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