Philippine Labor Law Glossary
Definition: An Apprentice is a trainee under a registered enterprise-based training programme covering higher competencies. Since the Enterprise-Based Education and Training Framework Act took effect, apprenticeship is no longer governed by the Labor Code provisions that previously covered it, which that Act expressly repealed.
Sa Filipino · Filipino Explanation
Ano ang Apprentice?
Ang apprentice ay isang trainee sa loob ng isang kompanya, sumasailalim sa praktikal na pagsasanay may kasamang teoretikal na instruksyon. Mahalagang malaman: binago na ito ng batas. Ang Republic Act No. 12063 o EBET Framework Act, na naaprubahan noong 7 Nobyembre 2024, ay tahasang nagpawalang-bisa sa mga probisyon ng Labor Code tungkol sa apprentices at learners.
Ilan sa mga pagbabago: 18 taong gulang na ang minimum (dati ay 14); ang TESDA ang nagrerehistro ng programa; at hindi maaaring lumagpas sa tatlong taon ang pagsasanay. Nanatili ang 75% ng minimum wage bilang pinakamababang training allowance. At tandaan ang tatlong sitwasyon kung saan nagiging regular employee ka: kapag lumagpas sa takdang panahon, kapag dalawang sunod na beses kang sinanay ng parehong kompanya, at kapag lumagpas ang bilang ng trainees sa 20% ng regular na empleyado.
The Labor Code Provisions Were Repealed
Most published material on Philippine apprenticeship still cites Articles 57 to 72 of the Labor Code, and Articles 73 to 77 on learners. Those provisions no longer apply.
Republic Act No. 12063, the Enterprise-Based Education and Training (EBET) Framework Act, was approved on 7 November 2024. Its repealing clause expressly repeals “Book Two, Title II, Chapters 1 and 2 of Presidential Decree No. 442” — the apprenticeship and learnership chapters — along with Republic Act No. 7686, the Dual Training System Act of 1994. The implementing rules were signed on 28 February 2025.
Anyone drafting an apprenticeship agreement against the old articles is working from a repealed framework.
What an Apprenticeship Is Now
Under Section 4(a), apprenticeship is an EBET Programme “covering higher competencies of National Certificates (NC) 3 and above,” for trainees “at least eighteen (18) years old.” The minimum age has risen from fourteen under the old Labor Code rule.
The Act distinguishes apprenticeship from two other programme types: General EBET, covering low- to mid-level skills at NC 1 and 2 and delivered within a period not exceeding six months; and Upskilling, for existing employees, who remain entitled to full wages and benefits.
Registration With TESDA Comes First
Section 9 requires that “all EBET Programs shall be registered with the TESDA prior to its implementation.” TESDA approves within thirty days and issues a Certificate of TVET Program Registration.
This continues a principle the Supreme Court has enforced strictly for decades. In Century Canning Corporation v. Court of Appeals, an apprenticeship agreement executed before TESDA approved the programme was held “void because it lacked prior approval from the TESDA,” and the worker was “deemed a regular employee.” In Nitto Enterprises v. NLRC, prior approval was described as “a condition sine qua non before an apprenticeship agreement can be validly entered into” — and merely filing the programme was not enough.
The lesson survives the change of statute: the training exception is available only on strict compliance, and the sequence is programme first, agreement second.
The Written Agreement and the Allowance
Section 12 requires a written EBET Agreement setting out the Training Plan, hours per day and week, the period, the training allowance and other benefits, a schedule of allowance payment at least twice a month, the process of termination, and the parties’ rights and obligations.
On pay, Section 13(b) provides that an apprentice receives “a training allowance not lower than seventy-five percent (75%) of the applicable minimum wage rate.” The 75% floor familiar from the old Article 61 survives, relocated into the new Act. General EBET trainees receive an allowance sufficient to cover transport, meals and similar expenses; those on Upskilling keep full wages and benefits.
Three Ways a Trainee Becomes a Regular Employee
The Act builds in statutory conversion triggers, and each operates by force of law rather than by the parties’ intention:
- Duration. Section 11 caps training at three years and provides that “any trainee who receives training for a period exceeding three (3) years or in excess of the prescribed period… shall be a regular employee.”
- Repeat training. Section 22 prohibits training the same trainee twice consecutively, and provides that a trainee who is “shall be considered a regular employee of the said enterprise.”
- Headcount. Section 25 caps trainees at twenty per cent of an enterprise’s regular employees, and “any trainee in excess of the twenty percent (20%) threshold shall be considered a regular employee.”
Section 22 otherwise provides that an EBET trainee “shall not be considered an employee of the enterprise for the duration of the EBET Program,” and that graduates hired for a matching position are exempt from probationary employment.
Penalties
Section 30 provides for a fine of ₱10,000 to ₱100,000 for prohibited acts, and the enterprise’s Certificate of TVET Program Registration may be suspended or revoked.
Legal Basis
| Authority | Classification | Rule supported | Official source |
|---|---|---|---|
| Republic Act No. 12063, Section 36 | Statute | Repeals Book Two, Title II, Chapters 1 and 2 of Presidential Decree No. 442 and Republic Act No. 7686. | Official statute text |
| Republic Act No. 12063, Sections 4, 9, 11, 12, 13, 22, 25 and 30 | Statute | Define apprenticeship, require TESDA registration, cap duration at three years, require a written agreement, set the 75% training allowance floor, state employment status and the conversion triggers, and set penalties. | Official statute text |
| Republic Act No. 7796, Sections 4 and 18 | Statute | Transferred the apprenticeship programme to TESDA and defines apprenticeable occupations as those approved by the Authority. | Official statute text |
| Nitto Enterprises v. NLRC and Capili, G.R. No. 114337, September 29, 1995 | Jurisprudence | Holds prior approval of the programme a condition sine qua non; without it the worker is a regular employee. | Official decision |
| Century Canning Corporation v. Court of Appeals and Palad, G.R. No. 152894, August 17, 2007 | Jurisprudence | Voids an apprenticeship agreement executed before TESDA approval and deems the worker a regular employee. | Official decision |
| Atlanta Industries, Inc. v. Sebolino, G.R. No. 187320, January 26, 2011 | Jurisprudence | Holds workers regular employees where apprenticeship agreements were defective and filed with TESDA long after execution. | Official decision |
Common Misunderstandings
Misunderstanding: Apprenticeship is governed by Articles 57 to 72 of the Labor Code.
Correct approach: Those articles were repealed by Republic Act No. 12063. Apprenticeship is now governed by that Act and its implementing rules.
Misunderstanding: An employer can pay an apprentice 75% of the minimum wage simply by calling the arrangement an apprenticeship.
Correct approach: The reduced allowance is available only under a registered programme. Without registration the arrangement collapses and ordinary employment standards apply.
Common Questions
How old must an apprentice be?
At least eighteen under Section 4(a). The old Labor Code minimum of fourteen no longer applies.
How long can an apprenticeship last?
The duration follows the Training Plan but may not exceed three years. Exceeding it converts the trainee into a regular employee.
Can the same company take me on as a trainee twice?
Not consecutively. Section 22 prohibits it, and a trainee trained twice consecutively by the same enterprise is considered a regular employee.
Sources and Legal Citations
- Republic Act No. 12063, the Enterprise-Based Education and Training Framework Act, approved 7 November 2024, official statute text. Classification: statute.
- Republic Act No. 7796, the TESDA Act of 1994, Sections 4 and 18, official statute text. Classification: statute.
- Nitto Enterprises v. NLRC and Capili, G.R. No. 114337, September 29, 1995, official decision. Classification: jurisprudence.
- Century Canning Corporation v. Court of Appeals and Palad, G.R. No. 152894, August 17, 2007, official decision. Classification: jurisprudence.
- Atlanta Industries, Inc. v. Sebolino, G.R. No. 187320, January 26, 2011, official decision. Classification: jurisprudence.
Disclaimer
This glossary entry is for general educational and legal-information purposes and is not legal advice. The implementing rules of Republic Act No. 12063 and TESDA issuances govern the operational detail of programme registration and should be consulted directly.