Country: Philippines
Title: An Act to Strengthen Manpower Education and Training in the
Philippines by Institutionalizing the Dual Training System
as an Instructional Delivery System of Technical and
Vocational Education and Training, Providing the Mechanism,
Appropriating Funds Therefor and For Other Purposes
Institution: Congress of the Philippines
Descriptors: Vocational education; Technical education.
Identifiers: Dual training system.
Full text: SEC. 10. Obligations of Accredited Agricultural,
Industrial and Business Establishments. - The agricultural,
industrial and business establishments shall:
a) ensure that the necessary abilities and knowledge for the
trainee to achieve the purpose of his training are imparted to him
and shall provide such training systematically in accordance with
an approved training plan;
b) appoint the training officer to implement the training
plan;
c) make available, free of charge, the consumable materials
and basic hand tools and equipment necessary for his training;
d) allow the trainee to attend his in-school training and to
sit for his examinations;
e) require the trainee to keep his report book up-to-date and
inspect such books;
f) ensure that the trainee is encouraged to develop his
personality and that he is protected from physical or moral danger;
g) entrust to the trainee such jobs as are related to the
purpose of his training and are commensurate with his capabilities;
h) pay to the accredited educational institution/training
center the daily allowance of the trainee; and
i) allow the trainee the necessary time-off for his in-school
training.
SEC. 11. Obligations of the Trainee. - A trainee shall exert
every effort to acquire the abilities and knowledge necessary for
him to achieve the purpose of his training. Towards this end, he
shall:
a) carefully perform the jobs entrusted to him as part of his
training;
b) take part in training programs for which he has been
granted time-off under this Act;
c) follow the instruction given to him as part of his training
by the training officer or any other person entitled to give him
such instructions;
d) observe rules of behavior in the training premises;
e) use tools, instruments, machines, and other equipment with
due care;
f) not reveal business nor trade secrets that have come to his
knowledge in the course of his training; and
g) keep his record books up-to-date.
SEC. 12. Obligations of the Accredited Educational Institutional
Training Centers. - The educational institutions/training centers
that have entered into a memorandum of agreement with agricultural,
industrial or business establishments to undertake training shall:
a) design, implement, and evaluate jointly the training plan
with the accredited establishments;
b) provide specific, general, and occupation-related
theoretical instruction;
c) appoint industrial coordinators to supervise the in-plant
training;
d) pay the trainee his daily allowance; and
e) perform such other tasks and activities as may be necessary
and in furtherance of the objectives of the training.
SEC. 13. Non-diminution of Incentives. - Nothing in this Act
shall be construed to diminish or reduce any privilege already
enjoyed by the parties concerned under existing laws, decrees, or
executive orders.
SEC. 14. Signing of Memorandum of Agreement by the Accredited
Dual Training System Agricultural, Industrial and Business
Establishments, the Accredited Dual Training System Educational
Institution/Training Center, and the Trainee. - Before an
individual establishment begins with an accredited education
institution/training center and the trainee or his representative,
the individual establishment shall provide the accredited
educational institution/training center and the trainee with a copy
of the signed agreement.
The memorandum of agreement shall set forth, among others, the
following:
a) the training plan;
b) the nature and objective of the training;
c) the commencement and duration of the training period,
including the total number of in-school and in-plant training
hours;
d) the normal daily training hours;
e) the trainee's allowance and the rate to be applied, which
in no case shall start below seventy-five (75) percent of the
applicable minimum daily wage for days spent in the establishments;
f) the rights and obligations of the parties concerned in
addition to those provided in Sections 10, 11, and 12;
g) the definition of the status of the trainee according to
Section 8 of this Act;
h) the conditions for the termination of the training
agreement;
i) the performance, monitoring and evaluation system; and
j) such other essential particulars as would mutually benefit
all parties concerned.
SEC. 15. Insurance Coverage of the Trainee. - Every
agricultural, industrial and business establishment undertaking
training, in accordance with the provisions of this Act, shall sign
a life and/or accident insurance policy on the life of the trainee
with the insured and the spouse, children or parents of the trainee
as the beneficiaries thereof; Provided, That the agricultural,
industrial and business establishments shall pay for the premiums
of the said insurance policy.
SEC. 16. Revolving Fund. - Any law, rule or regulation to the
contrary notwithstanding, the Accredited Dual Training System
Educational Institution/Training Center is hereby authorized to
retain as a revolving fund, the amount paid to it by the
agricultural, industrial and business establishments representing
the actual dual training expenses. The fund shall be used to
improve the operation of the dual training system.
SEC. 17. Implementing Rules. - The appropriate authority and the
Department of Finance, upon prior consultation with the business
and industry concerned, shall issue the necessary rules and
regulations for the effective implementation of this Act within a
period of ninety (90) days after its effectivity. Any violation of
this Section shall render the concerned official/s liable under
R.A. No. 6713, otherwise known as the "Code of Conduct and Ethical
Standards for Public Officials and Employees" and other existing
administrative and/or criminal laws.
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