Apprentices & Learners

WHAT ARE DISTINCTIONS BETWEEN LEARNERSHIP AND APPRENTICESHIP? The following are the distinctions:

Practical training.
Both learnership and apprenticeship involve practical training on-the-job.

Training agreement.
Learnership is governed by a learnership agreement; while apprenticeship is governed by an apprenticeship agreement.Occupation.
Learnership involves learnable occupations consisting of semi-skilled and other industrial occupations which are non-apprenticeable; while apprenticeship concerns apprenticeable occupations or any trade, form of employment or occupation approved for apprenticeship by the DOLE Secretary.

Theoretical instructions.
Learnership may or may not be supplemented by related theoretical instructions; while apprenticeship should always be supplemented by related theoretical instructions.

Ratio of theoretical instructions and on-the-job training.
For both learnership and apprenticeship, the normal ratio is one hundred (100) hours of theoretical instructions for every two thousand (2,000) hours of practical or on-the-job training. Theoretical instruction time for occupations requiring less than two thousand (2,000) hours for proficiency should be computed on the basis of such ratio.

Competency-based system.
Unlike in apprenticeship, it is required in learnership that it be implemented based on the TESDA-approved competency-based system.

Duration of training.
Learnership involves practical training on the job for a period not exceeding three (3) months; while apprenticeship requires for proficiency, more than three (3) months but not over six (6) months of practical training on the job.

Qualifications.
The law does not expressly mention any qualifications for learners; while the following qualifications are required to be met by apprentices under Article 59 of the Labor Code: (a) Be at least fourteen (14) years of age; (b) Possess vocational aptitude and capacity for appropriate tests; and (c) Possess the ability to comprehend and follow oral and written instructions.

Circumstances justifying hiring of trainees.
Unlike in apprenticeship, in learnership, the law, Article 74 of the Labor Code, expressly prescribes the pre-requisites before learners may be validly employed, to wit: (a) When no experienced workers are available; (b) The employment of learners is necessary to prevent curtailment of employment opportunities; and (c) The employment does not create unfair competition in terms of labor costs or impair or lower working standards.

Limitation on the number of trainees.
In learnership, a participating enterprise is allowed to take in learners only up to a maximum of twenty percent (20%) of its total regular workforce. No similar cap is imposed in the case of apprenticeship.

Option to employ.
In learnership, the enterprise is obliged to hire the learner after the lapse of the learnership period; while in apprenticeship, the enterprise is given only an “option” to hire the apprentice as an employee.

Wage rate.
The wage rate of a learner or an apprentice is set at seventy-five percent (75%) of the statutory minimum wage.