JobStart Philippines Act

Republic Act No. 10869

Summary of Republic Act No. 10869 (JobStart Philippines Act)

Institutionalizing the Nationwide Implementation of the JobStart Philippines Program
- Aims to shorten the youth's school-to-work transition by enhancing knowledge and skills acquired in formal education or technical training to become more responsive to labor market demands. (Section 3)
- Provides full cycle employment facilitation services including job search assistance, free technical and life skills trainings, placement in internships, and job referrals from PESOs. (Section 6)

Definitions (Section 4)
- Employer: establishment or enterprise providing venue for training and placement of JobStart trainees.
- Internship stipend: amount received by trainee from employer during internship, not less than 75% of minimum wage. (Section 10)
- JobStart: DOLE program enhancing employability of at-risk youth through employment facilitation services.
- JobStart graduate: trainee who completed all program services.
- JobStart internship: practical learning in regular work environment for up to 3 months. (Section 11)
- JobStart life skills training: 10-day training developing behavior, attitude, and values of trainees. (Section 11)
- JobStart technical training: up to 3 months of technology-based theoretical instruction and hands-on exercises. (Section 11)
- JobStart trainee: eligible registrant selected to participate in the program.
- JobStart unit: office implementing and overseeing the program.
- Technical training certificate: certification issued after program completion attesting skills acquired.
- Training allowance: amount received by trainee during life skills and technical training. (Section 10)
- Training plan: written plan specifying skills and competencies to be acquired by trainee.

Qualifications of JobStart Trainee (Section 5)
- Filipino citizen
- 18-24 years old at registration, or 17 years old but turning 18 during technical training
- At least high school level
- Not employed, studying, or undergoing training at registration
- No work experience or less than 1 year of accumulated work experience

Program Components (Section 6)
- Registration, client assessment, life skills training with career coaching, technical training, job matching, and referrals to employers for further training, internship, or employment.

Status of JobStart Trainees (Section 7)
- Considered trainees, not employees, during the program.
- JobStart graduates given preference in hiring by participating employers.

Role of JobStart Unit (Section 8)
- Established by DOLE at Bureau of Local Employment and regional offices.
- Provides training costs, administrative costs, and other fees to employers.
- Approves training plans in coordination with PESOs and TESDA.

Role of DOLE (Section 9)
- Executing agency of the program.
- Bureau of Local Employment serves as program manager.
- Regional and field offices supervise and monitor implementation.
- Conducts capacity-building activities to train PESOs.

Payment of Allowances and Stipends (Section 10)
- Trainees receive daily training allowance from JobStart unit during life skills and technical training.
- During internship, employer provides daily stipend of at least 75% of minimum wage.
- Allowances and stipends paid at least once every 2 weeks or twice a month.

JobStart Training Period (Section 11)
- Life Skills Training: 10 days, daily allowance provided by PESOs with DOLE funding.
- Technical Training: up to 3 months, daily allowance from JobStart unit.
- Internship: up to 3 months or 600 hours, daily stipend from employer of at least 75% of minimum wage.

Entitlement to Other Benefits and Incentives (Section 12)
- Basic accident insurance for duration of program paid by DOLE.
- Employer reimbursed for pre-training and employment medical examinations.
- LGU exempts trainees from securing work permit.

Duties and Responsibilities of JobStart Trainee (Section 13)
- Submit required documents to PESO.
- Enter into training or service contract with employer.
- Report for training or work based on schedule.
- Perform tasks and activities in training plan.
- Use tools and equipment with due care.
- Not reveal business or trade secrets.
- Adhere to establishment's rules and regulations.
- Report to PESO for exit interview after internship.

Participation of Employers (Section 14)
- Maximum of 20% of total workforce as JobStart trainees.
- Not take in same trainee from similar training programs.
- Have legitimate business, COC on labor and OSH standards.
- Capacity to provide or facilitate TVET and internship, pay stipend.
- Capacity to develop training plan, mentor and monitor trainee.
- Interest and willingness to absorb or offer employment to graduates.

Duties and Responsibilities of Employers (Section 15)
- Design and implement training plan with TVET institution.
- Enter into training or work contract with trainee.
- Provide practical training or work experience for up to 3 months.
- Pay daily stipend of at least 75% of minimum wage.
- Encourage trainee's personality and professionalism development.
- Submit monitoring and evaluation reports.
- Submit invoices for reimbursement or liquidation of expenses.
- Notify PESO and JobStart unit of trainee's breach of contract or misconduct.

Termination of Training Contract (Section 16)
- Valid causes for termination by employer: habitual absenteeism, willful disobedience, theft or malicious destruction, engaging in violence or misconduct, inefficiency or poor performance.
- Valid causes for termination by trainee: substandard or harmful working conditions, cruel and inhumane treatment, prolonged or continuing illness.
- Replacement of trainee allowed subject to cause of termination.

Grievance Committee (Section 17)
- Settles differences or violations of training agreement.
- Composed of DOLE regional and field offices, and PESO officials.
- Cases referred to DOLE-BLE if unresolved.

Payment of Administrative Fee (Section 18)
- Participating employers receive monthly amount per trainee to cover administration cost.

Partnership with Local Government (Section 19)
- LGUs through PESOs serve as DOLE's conduit in implementing program locally.
- PESOs hire staff, organize registration, process and evaluate registrants, conduct job matching and referral, collect and review documents, maintain records, submit monitoring reports.

Enhancement of Labor Market Information System (LMIS) (Section 20)
- PESOs use DOLE's Skills Registry System to manage records.
- DOLE establishes IT infrastructure and system to improve LMIS.
- Labor market analysts hired to provide technical assistance.

Oversight Committee (Section 21)
- Oversees program implementation, chaired by DOLE.
- Composed of representatives from DILG, DSWD, NYC, TESDA, youth, employer, and labor sectors.
- Annual progress report transmitted to Congress.

Appropriations (Section 22)
- Amount necessary authorized to be appropriated from National Treasury.
- Subsequent funding included in General Appropriations Act under DOLE's budget.

Penalty Clause (Section 23)
- Violations subject to general penalty under Labor Code.
- Unregistered JobStart programs subject to closure proceedings.
- DOLE Secretary may file civil and/or criminal cases for fraud or deceit, or failure to comply with conditions.

Implementing Rules and Regulations (Section 24)
- DOLE Secretary to formulate necessary rules and regulations within 90 days from effectivity.

Separability Clause (Section 25)
- If any provision is held invalid or unconstitutional, other provisions remain valid and effective.

Repealing Clause (Section 26)
- All laws, decrees, executive orders, and rules and regulations contrary to or inconsistent with this Act are repealed or modified accordingly.

Effectivity (Section 27)
- Act takes effect 15 days from publication in Official Gazette or at least 2 newspapers of general circulation.