Book II — Human Resources Development
Article 75Learnership agreement.
ELI5— what this means for you
A learnership agreement must specify duration (max 3 months), wages (at least 75% of minimum wage), and a commitment to hire the learner as a regular employee upon completion. If the employer fires the learner within 2 months without cause, the learner becomes regular.
Key point
Fired from learnership in the first 2 months without cause? You may already be a regular employee.
Official text — PD 442
Learnership agreement.
Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include:
The names and addresses of the learners;
The duration of the learnership period, which shall not exceed three (3) months;
The wages or salary rates of the learners which shall begin at not less than seventy-five percent (75%) of the applicable minimum wage; and
A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. All learners who have been allowed or suffered to work during the first two (2) months shall be deemed regular employees if training is terminated by the employer before the end of the stipulated period through no fault of the learners.
The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or his duly authorized representative.
Source: lawphil.net (PD 442 as amended)
RELATED RIGHTS
Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.