Quick answer

Apprenticeship is a training arrangement where a worker (the apprentice) undergoes practical training on the job, supplemented by related theoretical instruction, in a trade or occupation that requires more than a set period of training and is approved for apprenticeship. Because apprentices may be paid a wage lower than the minimum (generally not less than seventy-five percent of the applicable minimum wage) and their arrangement is for a limited period, the law imposes requirements to prevent abuse of the apprenticeship scheme as a means of obtaining cheap labor. The requirements for a valid apprenticeship generally include: the occupation must be one that is apprenticeable, that is, approved for apprenticeship by the appropriate authority (TESDA); there must be a valid apprenticeship agreement in writing, containing the required terms; the apprenticeship program must be duly approved or registered by the appropriate government authority (TESDA); the employer must be an entity qualified to conduct apprenticeship; and the apprentice must meet the qualifications. Crucially, jurisprudence holds that if the apprenticeship agreement or program was not duly approved or registered as required, or the requirements were not complied with, the supposed apprenticeship is void, and the worker is deemed a regular employee entitled to the full minimum wage and the security of tenure of a regular employee, not a mere apprentice. The apprenticeship period is limited, and upon its completion the apprentice may be regularized. Apprenticeship differs from learnership, which involves semi-skilled or non-apprenticeable occupations learnable in a shorter period. So an apprenticeship must meet strict requirements, especially approval or registration of the program, or the arrangement is void and the worker is a regular employee entitled to full wages.

What Apprenticeship Is

Apprenticeship is on-the-job training with theoretical instruction in an apprenticeable trade. Apprentices may be paid not less than 75% of the minimum wage, so the law imposes requirements to prevent abuse.

The Requirements

Effect of an Invalid Apprenticeship

If the program was not duly approved/registered or the requirements were not met, the apprenticeship is void, and the worker is a regular employee entitled to the full minimum wage and security of tenure — not a mere apprentice.

Practical Takeaways

Frequently Asked Questions

What are the requirements for a valid apprenticeship? The occupation must be apprenticeable and approved by TESDA, there must be a written apprenticeship agreement with the required terms, the program must be duly approved or registered, and the employer and apprentice must be qualified.

How much is an apprentice paid? An apprentice may be paid a wage lower than the minimum, generally not less than seventy-five percent of the applicable minimum wage, for the limited apprenticeship period.

What happens if the apprenticeship program is not registered? The supposed apprenticeship is void, and the worker is deemed a regular employee entitled to the full minimum wage and the security of tenure of a regular employee, not a mere apprentice.

How is apprenticeship different from learnership? Apprenticeship covers apprenticeable trades requiring more than a set period of training. Learnership involves semi-skilled or non-apprenticeable occupations that can be learned through practical training in a shorter period.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.