Text of the provision
Art. 75. 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.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
An employer hiring learners must enter a learnership agreement stating their names and addresses, a period not over three months, wages of at least seventy-five percent of the applicable minimum wage, and a commitment to employ them as regular employees after the learnership if they wish. Learners allowed to work during the first two months become regular employees if the employer ends the training early through no fault of theirs, and the agreement is subject to inspection by the Secretary of Labor or his representative.
Questions about this provision
- Does a learnership agreement have to include a commitment to hire the learner as a regular employee?
- How much must a learner be paid compared to the applicable minimum wage?
- My learnership was cut short after two months through no fault of mine — did I become a regular employee?
Related provisions
- Article 74 — When Learners May Be Hired.
- Article 76 — Learners In Piecework.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.