Apprenticeship and learnership are training-employment arrangements that allow workers to learn a trade while working, and under strict conditions they may be paid a wage lower than the minimum (commonly not less than 75% of the applicable minimum wage). Apprenticeship is for occupations that require training beyond a certain number of months and must be covered by an approved apprenticeship program (typically registered with the appropriate authority such as TESDA). Learnership is for semi-skilled or industrial occupations learnable in a shorter period, also under an approved learnership agreement. Both require a written agreement and an approved program; without these, or when used merely to obtain cheap labor without genuine training, the arrangement can be struck down and the worker treated as a regular employee entitled to full wages.
Apprenticeship and learnership let workers learn while earning — and let employers pay below minimum wage. But only under strict conditions, or the arrangement is abuse.
What They Are
Both are training-employment arrangements combining actual work with structured learning of a trade or occupation. Under the proper conditions, an apprentice or learner may be paid a wage lower than the minimum — commonly not less than 75% of the applicable minimum wage — in recognition of the training being provided.
Apprenticeship vs. Learnership
- Apprenticeship is for occupations that require training for a period beyond a threshold (a “highly technical” or apprenticeable trade), covered by an approved apprenticeship program; while
- Learnership is for semi-skilled or industrial occupations that are learnable in a shorter period, covered by an approved learnership agreement.
Learnership periods are generally shorter, and learners may have a path to regular employment under certain conditions.
The Strict Requirements
For the below-minimum wage and training arrangement to be valid:
- There must be an approved/registered program (with the appropriate authority, such as TESDA);
- There must be a written apprenticeship or learnership agreement;
- The occupation must be genuinely apprenticeable/learnable; and
- The training must be real, not a pretext.
Why the Limits Matter
The limits exist to prevent abuse — using “apprentices” or “learners” merely to obtain cheap labor without genuine training. If an employer:
- Has no approved program or written agreement; or
- Uses the label to avoid paying proper wages while providing no real training,
the arrangement can be struck down, and the worker may be deemed a regular employee entitled to full minimum wage and benefits, with the underpayment recoverable.
Practical Takeaways
- Apprentices/learners may be paid not less than 75% of minimum wage — but only under an approved program and written agreement;
- Apprenticeship is for longer, technical trades; learnership is for shorter, semi-skilled ones;
- Without a genuine program and real training, the worker can be treated as a regular employee owed full wages.
Frequently Asked Questions
Can an apprentice or learner be paid below minimum wage? Yes, under strict conditions, commonly not less than 75% of the applicable minimum wage, and only when covered by an approved program and a written agreement with genuine training.
What is the difference between apprenticeship and learnership? Apprenticeship is for occupations requiring longer, more technical training under an approved apprenticeship program. Learnership is for semi-skilled or industrial occupations learnable in a shorter period under an approved learnership agreement.
What are the requirements for a valid arrangement? An approved or registered program (with the appropriate authority such as TESDA), a written apprenticeship or learnership agreement, a genuinely apprenticeable or learnable occupation, and real training.
What happens if there is no approved program? The arrangement can be struck down. The worker may be deemed a regular employee entitled to full minimum wage and benefits, with the underpayment recoverable, because the label cannot be used to obtain cheap labor without genuine training.
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.