Apprentice vs Learner Philippines: Wages & Regularization

If you are being offered a “training” arrangement that pays less than the full minimum wage, the rules you need are no longer in the Labor Code. Republic Act No. 12063, the Enterprise-Based Education and Training (EBET) Framework Act, approved on 7 November 2024, repealed the Labor Code’s chapters on apprenticeship and learnership and the Dual Training System Act. All three are replaced by a single framework run by TESDA.

This guide covers what changed, how apprenticeship works now, what happened to “learnership,” what a trainee is entitled to, and how to tell a lawful EBET program from a label used to underpay a worker.

Direct Answer

Apprenticeship and learnership under Articles 57 to 77 of the Labor Code (as renumbered) no longer exist as separate legal categories. RA 12063 repealed them (Section 36) and replaced them with TESDA-registered EBET programs. Under RA 12063, an apprenticeship is an EBET program for competencies at National Certificate (NC) III and above, and the apprentice’s training allowance must be at least 75% of the applicable minimum wage (Sections 4 and 13). Lower-level training at NC I and NC II that the old law often called “learnership” now falls under general EBET programs, where the allowance must cover transportation, meals and other expenses. Every program must be registered with TESDA before it starts (Section 9). An EBET trainee is not an employee during the program, and a graduate hired by the same enterprise is exempt from probation (Section 22).

Key Takeaways

RA 12063 repealed Book Two, Title II, Chapters 1 and 2 of the Labor Code (apprenticeship and learnership) and RA 7686 (Dual Training System Act).
TESDA signed the Act’s implementing rules on 28 February 2025.
An EBET program must be registered with TESDA before it is implemented and before any EBET agreement is signed (Section 9).
Apprenticeship now means training at NC III and above, with an allowance of at least 75% of the applicable minimum wage (Sections 4(a) and 13(b)).
General EBET covers NC I and NC II skills. The allowance must cover transportation, meals and other expenses (Sections 4(f) and 13(a)).
Upskilling programs for existing employees keep their full wages and benefits (Section 13(c)).
Trainees may not exceed 20% of the enterprise’s regular employees, except in upskilling programs (Section 25).
Training may not exceed 8 hours a day. Trainees aged 15 to 17 may train at most 40 hours a week, with parental consent (Sections 6 and 13).
A graduate hired by the enterprise, or a trainee hired before finishing, skips probationary employment (Section 22).

Legal Basis

Authority	Classification	Rule Supported	Effect
RA 12063, Section 36	Statute (repealing clause)	Repeals RA 7686, Book Two, Title II, Chapters 1 and 2 of PD 442, and Section 34(A)(1)(a)(v) of the NIRC.	The Labor Code apprenticeship and learnership articles no longer govern new arrangements.
RA 12063, Sections 4(a), 4(f), 4(i)	Statute (definitions)	Defines apprenticeship (NC III and above), general EBET (NC I and II) and upskilling (any NC level, existing employees).	Sets which allowance and rules apply.
RA 12063, Section 9	Statute	Every EBET program must be registered with TESDA before implementation and before an EBET agreement is signed.	No registration, no lawful EBET program.
RA 12063, Sections 12 and 13	Statute	Contents of the training agreement; training allowance; 8-hour daily limit; 40-hour weekly limit for minors.	Sets the trainee’s minimum entitlements.
RA 12063, Section 22	Statute	Trainees are not employees during the program; graduates hired by the enterprise are exempt from probation.	Defines employment status during and after training.
RA 12063, Sections 24, 25 and 30	Statute	Insurance and safety in medium- and high-risk industries; 20% trainee cap; prohibited acts and fines of ₱10,000 to ₱100,000.	Protects trainees and penalizes misuse.
RA 12063 Implementing Rules and Regulations (signed 28 February 2025)	Implementing rules	TESDA’s detailed procedures for registration and implementation.	Operational detail for enterprises and trainees.

What Changed: Old Labor Code Rules vs RA 12063

Point	Old Labor Code (repealed)	RA 12063 (current)
Categories	Apprentice (highly technical, up to 6 months) and learner (semi-skilled, up to 3 months)	EBET programs: apprenticeship (NC III+), general EBET (NC I–II) and upskilling
Pay during training	Wage of at least 75% of the minimum wage	Apprentice: allowance of at least 75% of the applicable minimum wage. General EBET: allowance covering transportation, meals and other expenses. Upskilling: full wages and benefits.
Maximum length	6 months (apprentice), 3 months (learner)	No EBET program may exceed 3 years
Approval	TESDA program approval before the agreement	TESDA registration before implementation and before the EBET agreement (Section 9)
Status during training	Apprentices and learners were treated as special workers covered by the Labor Code chapter	Trainee is not an employee during the program, unless the Act provides otherwise (Section 22)
After training	Learner cut off after 2 months through no fault of theirs was deemed regular	A graduate hired by the enterprise, or a trainee hired early, skips probation (Section 22)
Trainee cap	Set by TESDA guidelines	20% of regular employees, except upskilling (Section 25)

The Three Types of EBET Programs

Apprenticeship

Under RA 12063, apprenticeship is the EBET program for higher-level competencies at NC III and above (Section 4(a)). The apprentice receives a training allowance of at least 75% of the applicable minimum wage rate (Section 13(b)). The regional wage order in force where the training happens sets that minimum wage. Check the current rate on the National Wages and Productivity Commission website.

General EBET program

General EBET covers low- to mid-level skills, including those classified under NC I and NC II (Section 4(f)). Much of what the old law called learnership now falls here. The enterprise pays an allowance that must be enough to cover transportation, meals and other expenses (Section 13(a)). The law sets no percentage of the minimum wage for this program type.

Upskilling

Upskilling is training an enterprise gives its own employees to raise their skills, at any NC level (Section 4(i)). These workers stay employees and keep their full wages and benefits (Section 13(c)). The 20% trainee cap does not apply to them (Section 25).

What an EBET Trainee Is Entitled To

A written EBET agreement covering the training plan, hours per day and week, training period, allowance, other benefits, payment schedule (at least twice a month) and how the agreement may be ended (Section 12).
A training allowance at the level the program type requires (Section 13).
Limited hours: no more than 8 training hours a day, and no more than 40 hours a week for trainees under 18 (Section 13).
Insurance and safety: in medium- and high-risk industries, free life or accident insurance and compliance with occupational safety and health standards (Section 24).
Equal opportunity regardless of education, age, sex, language, ethnicity, religion, disability or social status (Section 7).
Assessment and certification: a National Certificate or Certificate of Competency on showing competence (Section 16).

Is an EBET Trainee an Employee?

No, not while the program runs. Section 22 says an EBET trainee “shall not be considered an employee of the enterprise for the duration of the EBET Program, unless otherwise provided for under this Act.” A trainee who is already a regular employee of the enterprise, as in upskilling, keeps that status.

After the program, Section 22 gives graduates a concrete benefit: an enterprise that hires its own EBET graduate cannot put them on probation. The same applies to a trainee hired before finishing.

The non-employee rule covers trainees of an EBET program, and Section 9 requires every EBET program to be registered with TESDA first. A person put to work as a “trainee” with no registered program is outside that rule. Whether that person is an employee is decided by the ordinary tests of an employment relationship, and the actual work done matters more than the label.

Red Flags: When “Training” Is Really Underpaid Work

The employer cannot show a TESDA registration for the program.
You were asked to start before any EBET agreement was signed.
There is no written training plan, or the work you do has nothing to do with it.
“Trainees” make up a large share of the workforce, well beyond 20% of regular employees.
Training runs past 8 hours a day, or a minor is scheduled beyond 40 hours a week.
The allowance is unpaid, late, or below what the program type requires.
You are assigned to hazardous work outside the training plan, which Section 30 prohibits.

Arrangements Made Under the Old Labor Code

Section 31 keeps existing EBET programs valid until TESDA assesses and revalidates them under the new Act. Disputes over apprenticeship or learnership agreements made while the old Labor Code chapters were in force are generally decided under the law that applied at the time.

Two Supreme Court decisions shaped that older law. In Nitto Enterprises v. NLRC, G.R. No. 114337 (29 September 1995), the Court held that an apprenticeship agreement signed before the program was approved was void, so the worker was a regular employee. Century Canning Corporation v. Court of Appeals, G.R. No. 152894 (17 August 2007), applied the same rule. RA 12063 keeps the core idea: registration with TESDA must come first (Section 9).

What to Do Next

For trainees and workers

Ask for a copy of your EBET agreement and the program’s TESDA registration.
Check which program type you are in (apprenticeship, general EBET or upskilling) and the allowance it requires.
Keep your allowance records, schedules and proof of the actual tasks you perform.
For questions about a program’s registration, contact the TESDA provincial or district office. For pay and working-condition disputes, you can request assistance through DOLE’s single-entry approach (SEnA).

For employers

Register the program with TESDA before recruiting trainees or signing any EBET agreement.
Match the allowance to the program type, and pay it at least twice a month.
Keep trainees within 20% of regular employees, except in upskilling.
Provide insurance and safety measures in medium- and high-risk industries.
Remember that a graduate you hire skips probation.

Employer Compliance Checklist

TESDA registration certificate for each EBET program, obtained before implementation
Signed EBET agreement with every required term (Section 12)
Allowance at or above the level for the program type, paid at least twice monthly
Trainee headcount at or below 20% of regular employees
Training hours within legal limits; parental consent for trainees aged 15–17
Insurance and OSH compliance where the industry is medium or high risk
No probationary period for hired graduates

Frequently Asked Questions

Is learnership still allowed in the Philippines?

Not as a Labor Code category. RA 12063 repealed the learnership chapter. Training for lower-level skills now runs as a general EBET program registered with TESDA.

How much is an apprentice paid under RA 12063?

An apprentice receives a training allowance of at least 75% of the applicable minimum wage rate (Section 13(b)). The applicable rate is set by the regional wage order where the training takes place.

Is an EBET trainee an employee of the company?

Not for the duration of the program, unless the Act provides otherwise (Section 22). An existing employee who joins an upskilling program stays an employee with full wages and benefits.

Does a hired EBET graduate go through probation?

No. Section 22 exempts EBET graduates hired by the enterprise, and trainees hired before completing the program, from probationary employment.

How long can an EBET program last?

RA 12063 provides that an EBET program shall in no case exceed three years.

What happens if a company runs an unregistered training program?

Section 9 requires registration before implementation. Section 30 penalizes fraud in registration or implementation, non-payment of allowances and other violations with fines of ₱10,000 to ₱100,000, plus possible suspension or revocation of the program registration.

Conclusion

The apprentice-versus-learner distinction that governed Philippine training arrangements for decades has been replaced. The questions to ask now are: Is the program registered with TESDA? Which program type is it? Is the allowance right for that type? A lawful EBET program gives trainees real skills and certification, plus a path to employment without probation. A “training” label without a registered program gives none of that protection.

Sources and Legal Citations

Republic Act No. 12063, Enterprise-Based Education and Training Framework Act — LawPhil; Sections 4, 6, 7, 9, 12, 13, 16, 22, 24, 25, 30, 31 and 36.
Republic Act No. 12063 — Supreme Court E-Library.
TESDA: signing of the EBET Act IRR (28 February 2025).
Nitto Enterprises v. NLRC, G.R. No. 114337, 29 September 1995.
Century Canning Corporation v. Court of Appeals, G.R. No. 152894, 17 August 2007.

Sources rechecked as of: 28 September 2026

This guide is general legal information, not legal advice. For a specific situation, consult a lawyer, the Public Attorney’s Office, TESDA or DOLE.

Apprentice vs Learner in the Philippines: Training Period, Wages and Regularization

Direct Answer

Key Takeaways

Legal Basis

What Changed: Old Labor Code Rules vs RA 12063