Section 1April 1, 2009, Sec./Art. 1

Section 1 of R.A. 7323, otherwise known as the "Special Program for Employment of Students (SPES)", is hereby amended to read as follows:

"SECTION 1.

Any provision of law to the contrary notwithstanding, any person or entity employing at least ten (10) persons may employ poor but deserving students fifteen (15) years of age but not more than twenty-five (25) years old, paying them a salary or wage not lower than the minimum wage for private employers and the applicable hiring rate for the national and local government agencies: Provided, that student enrolled in the secondary level shall only be employed during summer and/or christmas vacations, while those enrolled in the tertiary, vocational or technical education may be employed at any time of the year: Provided, further, That their period of employment shall be from twenty (20) to fifty-two (52) working days only, except that during Christmas vacation, employment shall be from ten (10) to fifteen (15) days which may be counted as part of the students' probationary period should they apply in the same company or agency after graduation: Provided, finally, That students employed in activities related to their course may earn equivalent academic credits as may be determined by the appropriate government agencies.

"For purposes of this Act, poor but deserving students refer to those whose parents' combined income, together with their own, if any, does not exceed the annual regional poverty threshold level for a family of six (6) for the preceding year as may be determined by the National Economic and Development Authority (NEDA). Employment facilitation services for applicants to the program shall be done by the Public Employment Service Office (PESO).

"Participating employers in coordination with the PESO, must inform their SPES employees of their rights, benefits, and privileges under existing laws, company policies, and employment contracts."