Sec. 11. Qualifications of Apprentices. - To qualify as an apprentice, an applicant shall:
(a) Be at least fifteen years of age; provided those who are at least fifteen years of age but less than eighteen may be eligible for apprenticeship only in non-hazardous occupations; [Underscoring supplied.]
(b) Be physically fit for the occupation in which he desires to be trained;
(c) Possess vocational aptitude and capacity for the particular occupation as established through appropriate tests; and
(d) Possess the ability to comprehend and follow oral and written instructions.
Trade and industry associations may, however, recommend to the Secretary of Labour appropriate educational qualifications for apprentices in certain occupations. Such qualifications, if approved, shall be the educational requirements for apprenticeship in such occupations unless waived by an employer in favor of an applicant who has demonstrated exceptional ability. A certification explaining briefly the ground for such waiver, and signed by the person in charge of the programme shall be attached to the apprenticeship agreement of the applicant concerned.
Sec. 12. Aptitude Tests. - An employer who has a recognized apprenticeship programme shall provide aptitude tests to apprentice-applicants. However, if the employer does not have adequate facilities, the Department of Labour may provide the service free of charge.
Sec. 13. Physical Fitness. - Total physical fitness need not be required of an apprentice-applicant unless it is essential to the expeditious and effective learning of the occupation. Only physical defects which constitute real impediments to effective performance as determined by the plant apprenticeship committee may disqualify an applicant.
Sec. 14. Free Physical Examination. - Physical examination of apprentice-applicants preparatory to employment shall be provided free of charge by the Department of Health or any government hospital. If this is not feasible, the firm or entity screening the applicant shall extend such services free of charge.
All entities with an apprenticeship programme may elect to assume the responsibility for physical examination provided its facilities are adequate and all expenses are borne, exclusively by it.
Sec. 15. Apprenticeable Trades. - The Bureau shall evaluate crafts and operative, technical, nautical, commercial, clerical, technological, supervisory service and managerial activities which may be declared apprenticeable by the Secretary of Labour and shall have exclusive jurisdiction to formulate model national apprenticeship standards therefor.
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Sec. 18. Contents of Agreement. - Every apprenticeship agreement shall include the following:
(a) The full names and addresses of the contracting parties;
(b) Date of birth of the apprentice;
(c) Name of the trade, occupation or job in which the apprentice will be trained and the dates on which such training will begin and will approximately end;
(d) The approximate number of hours of on-the-job training as well as of supplementary theoretical instructions which the apprentice shall undergo during his training;
(e) A schedule of the work processes of the trade/occupation in which the apprentice shall be trained and the approximate time to be spent on the job in each process;
(f) The graduated scale of wages to be paid the apprentice;
(g) The probationary period of the apprentice during which either party may summarily terminate their agreement; and
(h) A clause that if the employer is unable to fulfill his training obligation, he may transfer the agreement, with the consent of the apprentice, to any other employer who is willing to assume such obligation.
Sec. 19. Apprenticeship Period. - The period of appren- ticeship shall not exceed six (6) months.
Sec. 20. Hours of Work. - Hours of work of the apprentice shall not exceed the maximum number of hours of work prescribed by law, if any, for a worker of his age and sex. Time spent in related theoretical instructions shall be considered as hours of work and shall be reckoned jointly with on-the-job training time in computing in the agreement the appropriate periods for giving wage increases to the apprentice.
An apprentice not otherwise barred by law from working eight hours a day may be requested by his employer to work overtime and paid accordingly, provided there are no available regular workers to do the job, and the overtime work thus rendered is duly credited toward his training time.
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Sec. 29. Wages. - The wage rate of the apprentice shall start at seventy-five (75) per cent of the statutory minimum wage for the first six (6) months; thereafter, he shall be paid the full minimum wage, including the full cost-of-living allowance.
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Sec. 40. Apprenticeship without compensation. - The Secretary of Labour through the Apprenticeship Division may authorize the hiring of apprentices without compensation, whose training on the job is required by the school curriculum as a prerequisite for graduation or for taking a government board examination.
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