Republic of the Philippines
House of Representatives
Quezou City, Meteo Mala

EIGHTEENTH CONGRESS
First Regular Session

5205

u
House Bill No.

INTRODUCED BY REP. ALFRED VARGAS

AN ACT
PROVIDING FOR A NATIONAL FRAMEWORK FOR INTERNS’ RIGHTS
AND WELFARE

EXPLANATORY NOTE

The development of companies and organizations rely on the hard work
that employees and staff bring forth. With internship programs, companies
and organizations expand opportunities for development as a two-way
process: it provides interns relevant training experience, while also
contributing to the needs of host companies and organizations.

Earning relevant work experience is crucial to anyone aspiring to enter
the labor force. It is thus imperative for the country to prepare and protect
these interns and the service they provide through just compensation.

It is for the public interest to provide a conducive environment for
interns to grow and become the competent leaders of tomorrow. Recognizing
the economic contribution of interns, the Interns’ Rights and Welfare Bill
seeks to protect the rights of interns by providing measures that will
safeguard their welfare especially from exploitative practices, during the
duration of their internships.

In view of the foregoing, the immediate passage of this bill is earnestly
sought.



Republic of the Philippines
House of Representatives
Quezon City, Metra Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5205

INTRODUCED BY REP. ALFRED VARGAS

AN ACT
PROVIDING FOR A NATIONAL FRAMEWORK FOR INTERNS’ RIGHTS
| AND WELFARE

Be it enacted by the benate and the House of Representatives of the
Philippines in Congrdss assembled:

SEC. 1. Short Title, - This Act shall be known as the ‘Interns’ Rights and
Welfare Act of 2019’.

SEC. 2. Declaration of Principles. - The State recognizes its vital
responsibility to enable the youth to fulfill its vital role and responsibility in
nation building. It ig the government principle of this Act that the youth be
accorded opportunities for growth and employment.

Towards this endj the goals and objectives of this Act are to:

1. Maintain quality training and education through enhanced internship
programs withjoptimized capacity-building for all technical, vocational
and professionpl fields of study;

2. Consistently monitor the NGAs/implementing bodies, higher education
institutions (HEIs), host training establishments (HTEs) in guiding the
interns and assessing their performances during the internship, with
strong grievan¢e mechanism to protect the integrity of each institution
and promote transparency among all;

3. Recognize the interns as part of the labor force, therefore in their chosen
workplaces they should receive fair treatment and just compensation;

4. Strengthen th¢ rights of the interns to avoid any form of abuse or

violation from the implementing bodies; and

Ensure the saf¢ty and welfare of the interns throughout the internship.

wa



SEC.
definitions shall applly

a

3. Definitio;

of Terms. - For the purposes of this Act, the following
ys

Intemship refers to a period of work experience for a limited amount of
time taken up|by students and graduates looking to gain relevant skills
and experienge in a particular field. It is the practical application of
classroom leafning to an actual regular work environment. It is also

synonymous
not synonym

Intern refers.

tb practicum, field practice, or On-The-Job Training. It is
ols to apprenticeship and learnership.

th a student or graduate undergoing an internship at a

Host Training Establishment (HTE) as partial fulfillment of their

academic re
Education In:

quirements as prescribed by their respective Higher
stitutions (HEIs), Certified Training Institutions (CTls), or

as a requisite for board examinations.

. Internship Cor{tract refers to a formal agreement concurred by all the

parties which |shall be accompanied with the agreed upon Internship

Plan.

Internship Pla refers to the outlined goals and objectives, knowledge,

skills and com|

etencies that the student intern should acquire in each

training area. This will include a schedule of activities and assignments

along with a

lear set of duties to be fulfilled by the intern, and this

Internship Plah will be formulated and approved by both the HEI, CTI,

and HTE.

Higher Educatjon Institution (HEI) refers to public and private schools

and unive

siti

is that require students to undergo internships as part of

their official cyrriculum.

Certified Trai
TESDA accri

undergo inter

HEIs establis!

ordinance, fin:

ining Institutions (CTI) refers to certificate issuing and
efi training institutions that require students to
ships as part of their official curriculum.

h¢d by local government units (LGUs) through an enabling

Incially supported by the LGU concerned, and complaint

. Local bh and colleges (LUCs) refer to CHED-accredited public

with the policiqds, standards and guidelines of the CHED;

|. State univers:

by national
independent

ities and colleges (SUCs) refers to public HEIs established
jovernment and are governed by their respective
baards of trustees or regents; and



i

SEC.

discriminatory basi

those recognized unf
all other relevant in|
declarations.

As such, interns ha’

1
2.
3

>

10.

W

12.
13.

Sec. 5. Guidelines

guidel

. Opt-out in pay

Host Training]

Establishment (HTE) refers to a duly authorized and

registered entity, institution, or establishment in the Philippines by the

Security Exch|
Industry (DT)

4. Rights of

Have the free
Reasonable w
Protected leav
related illness
Just compens:
Receive allowa
agreed upon b}
Acquire medic]
Access basic s|
Access inform
and HTEs;

Be prot
orientation, ge|
disability;

Be prote|

nge Commission (SEC) or the Department of Trade and
and with established systems of training

Interns. - Interns shall enjoy, on an equal and non-
, all rights guaranteed by the Constitution as well as
ler the EO no. 139, s, 1993, CMO no. 104, s. 2017, and
ernational and regional human rights conventions and

e the right to

m to select their own HTEs;

rk hours;

s (personal leave, medical leave, leave for internship-
and injury);

tion for hours of services rendered;
ces for travel, food, and any other expenses that may be
the HTE and intern;

vices in their chosen workplaces;
ition of fees and performance records from HEIs, CTIs

dental and mental health services;

ing miscellaneous fees upon enrollment of internship;
cted against discriminatory practices based on sexual
der identity and expression, age, ethnicity, religion, and

pted against sexual harassment and other derogatory or

exploitative activities at any point during their internship;

Be infor
Due pro

ed of clearly outlined duties during the internship; and
ess prior to termination with HTE for any committed

violation or ingufficient requirements with HEIs or CTis in the entire

internship.

lines for the imy

n Internship Programs. - The following shall be the
fiementaton of internship programs:

1. Government Inkernship Programs

a. All goverrment agencies and instrumentalities, including

governmen

-owned-and-controlled corporations are hereby obliged

to create al Government Internship Program for their respective

offic



2

b. The Govegnment Internship Program shall prescribe standard

Internship
confined td

Industry-Base

a. TEs, HEIs,

Plans for applying interns to ensure that their duties are
official tasks only.

Internships

and CTls shall, in conjunction, develop an Internship

Plan outlining the scope and limitations of the interns’ duties for the

duration of}
outside of

b. HTEs shall
rendered

School and Int

a. HEIs and

the internship. Interns shall not be obligated to do work
his internship plan.

provide interns with compensation for hours of service

|
rnship Fees

CTIs shall not charge interns with school fees that is

beyond th¢ administrative cost corresponding with units of the

internship

pubject.

b. Interns shdll have the opt-out option in paying miscellaneous fees

especially
premises.

c. In an even}
extension ff

d. HTEs shall
exception
sessions a

if their internship is conducted outside of the HEIs’

of extension of the internship program, no additional
te shall be collected either by the HEI/CTI or the HTE.

|not be allowed to charge fees from their interns, with the
f fees that are directly related to conducted training
d affiliation fees for health-allied internship programs

Provided, that the affiliation fees to be collected shall comprise no

more than

e. Collection
HEls in ord,

f. All informa
internship

the fees col

% of the tuition fee of the internship subject.

f all internship-related fees shall be centralized in the
fr to avoid redundant payments or exploitative practices.

tion regarding the school fees collected by the HEI and
es collected by the HTE shall be accessible to the public

and the caieeud if and when they request for it. The composition of

lected shall be indicated to promote transparency.


4. Additional Guitelines.

a.

HTEs, HEIs, and CTis shall create an Internship Contract that will
be an offitial and binding document stating the duties and
responsibilities of all parties, the duties prescribed in the internship
plans, and fhe agreed upon remuneration agreements between the
HTE and the intern.

HEIs and C{fls shall not constrain their student interns to apply to
a specific office, establishment, or training institution. The interns
shall be dllowed to undertake an internship in any office,
establishmdnt, or training institution as long as the said
establishments comply with the requirements for HTEs.

. HTEs shall conduct trainings, seminars, and other developmental

interventions for the interns including, but not limited to: mentoring,
coaching, ahd performance evaluation.

. Social protettion shall be provided to the interns and are encouraged

for considerption by the institutions such as accident insurance, as
they may bd applicable.

|
Interns that contracted and illness and/or injury during their
internship dr as a result of it shall be excused during the duration
of their illness and/or injury. HEIs, CTIs, and HTEs shall jointly
claim responsibility for the intern

Interns in the health-allied professions and other highly technical
fields shall be given the necessary materials, equipment, and safety
gears necessary to carry out their tasks. These shall be given at no
cost to the interns.

Interns all be given at least 96 hours of advance notice of their
internship sthedule.

HEIs and Cfls shall assist their student-interns in meeting their
health requirements as prescribed by the HTEs, through HEI and
CTI funded yaccination or check-up programs.



i. Interns are
HTEs after
completed.

|

j. In cases wh
hours of s
record shal
program,

not required and cannot be obliged to report to their
the prescribed number of internship hours are

ere the internship contract is abruptly terminated, the

vices rendered by the intern based on the daily time
ll be credited as hours completed for the internship

k. Students who applied in internship programs abroad shall be

provided w

ith assistance from the relevant government agencies

before and during the duration of their internship programs, if and

when neces}

enrolled are
ing the duration of the internship to ensure that standard

welfare durit
protections
required to}
expenses of
a chaperon

sary. HEIs and CTIs where these student interns are
obliged to strictly monitor the status of their students’

for interns are upheld. Student interns should not be
pay for the flight, food, accommodation and other
the HEI’s faculty or staff, should the HEI or CTI require
hbroad.

Sec 6. Mechanics of Internships. - The following process must be followed
in the hiring of intern s:

1. Qualifications

Applicants

jf Interns

to internship programs shall:

a, be currently enrolled in a TESDA certificate course or a
tertiaty-level internship subject

b. be bet

een 18 to 30 years old from the start of the internship

period

2. Duration

a, Government Internship Programs

The duration of the Government Internship Program shall not
exceed 300 hours and not last for more than 6 months.

b. Industry

Based Internships

Internship programs that are not highly technical in nature shall

be allows

internshi|
Provided,

ed to have a maximum of twenty-four (24) units of
subjects for the duration of their baccalaureate;
‘that one (1) unit of internship subject correspond to one

(1) hour of internship/laboratory / practicum /OJT work per week.


Provided further, that the internship period should not exceed
twelve (12) months.

|
Highly technical internship programs conducted by HTEs that
may neefi additional hours of training, like those in the fields of
health, engineering, and architecture, shall be allowed to have a
maximum of thirty (30) units of internship subjects for the
duration’ of their baccalaureate; Provided, that one (1) unit of
internship subject correspond to two (2) hours of
internsh{p/laboratory/practicum/OJT work per week. Provided
further, that the internship period should not exceed twelve (12)
months. |

Interns shall have an 8-hour rest period between their internship
shifts. In addition, they are only obliged to work during work days
and within office hours. If interns are tasked to work on weekends
of holidays or hours beyond the normal operating hours of the
establishment, they should be subjected to special or additional
remuneration.

In the event of tardiness and absences, whether excused or
unexcused, make-up hours shall only be equivalent to the
number pf internship hours missed. HEIs and HTEs shall not
accept and expect payment from students to offset their tardiness
and/or absences.

HEIs shall have the jurisdiction on how the maximum allotted
number of units shall be distributed in their respective curricula.
Only the curricula with internship/laboratory/practicum/OJT
credits spall be allowed to have required internship programs.
HEIs with curricula that does not have internship/laboratory/
practicum /OJT credits cannot require their students to undergo
an internship program but could encourage their students to
have internships on a voluntary basis.

3. Scope of work |

The Government Internship Program and industry-led workplace
internships shall cover all technical, vocational, and professional fields
of study and shall cater to all students from CHED and TESDA
recognized universities or degree and certificate awarding institutions.

The purpose of the internship is for the intern to learn and gain
practical experience in their choice of employment. As such, interns are
hired for officiql purposes only and are prohibited from taking tasks
that go beyond pfficial duties.


4. Termination of Contract

Any of the following, in respect to the Labor Code of the Philippines,
shall be a valjd cause to terminate the internship contract with due
process, wher¢ notice should be given, both oral and written for proper
documentation:

By the institution:

a. Habitual] absenteeism of the intern;
b. Willful obedience by the intern of the institution’s rules, or
persistemt insubordination of the lawful orders of a supervisor;

°

. Theft or malicious destruction of the institution’s property by the
intern;

d, Engaging in violence and/or other forms of misconduct during

the intetnship and/or inside the institution's premises by the

°

intern; and
. Persistent poor performance for a prolonged period despite
warning|duly given to the intern.

By the intern:

p

Substandard and/or harmful working conditions within the
institution’s premises;

. Violation of any or all of the guidelines prescribed in Section 5 of
this Act;,
Harassment by any and all members of the institution whether it
occurred in or outside of the premises of the HTE;

Cruel and inhumane treatment; and
. Prolonged or continuing illness of the intern

s

a

8

Sec. 7. Internship Contract and Plan. - The HEIs and CTls, together with
the HTEs, shall draft and produce an Internship Contract that will be used
by their student-interns. The HEIs and CTis shall ensure that these
documents are legally binding to ensure the protection of the interns’ interest
and well-being and dssist the students in the process of notarizing the said
document. The contract shall properly indicate the educational objectives of
the internship, the rights and obligations of all the parties, the duration of the
internship, and the agreed upon remuneration.

The Internship Contract shall be accompanied with an Internship Plan drafted
and approved togeth¢r with the selected HTEs to ensure that the internship
program adheres to the quality of learning that is expected from the contract.
The Internship Plan shall include the following: identification of skills to be
acquired, job scope and specifications, guidelines on the supervision and
mentoring of the interns, monitoring of the interns’ progress, timeline of the

internship and the respective performance indicators to be achieved, among
others.


Sec. 8 Remuneration. - Interns who are subscribed to the Government
Internship Program shall be provided with a stipend accounting to seventy-
five (75%) of the existing salary rate of Step 1, Salary Grade 1 of the current
government salary standardization law and shall be non-taxable. The amount
of the stipend shall be based on the intern’s actual attendance, absences
and/or tardiness indurred. It shall be paid in accordance with existing labor
laws and civil service laws, rules, and regulations.

Interns in private HTEs shall be provided with a stipend accounting to 75%
of the existing minirnum wage in their respective regions and shall be non-
taxable.

Sec 9. Grievance Mechanism. - A grievance committee shall be created in
participating government agencies and their instrumentalities as well as the
HTEs and CTls that have internship programs. They have the initial
responsibility for settling differences in case of any violation or transgression
of the internship contract or upon the filing of a complaint by an aggrieved
party.

The grievance committee shall be composed of a representative from the Head
Office of the HEI, CTI, and HTE, the Human Resource Office of the HEI, CTI,
HTE and/or government agency, the Student Government of the HEI, CTI,
and the legal office of the HEI, CTI, and HTE.

The committee shall render a decision after affording the concerned partied
due process of law. In case of failure by the grievance committee to settle the
issue, render a decision, or in case the complaint is against the grievance
committee or any of its members, the case shall be referred to the National
Task Force. |

Sec. 10. Reportorigl Requirements. - All HEIs, CTIs, HTEs, government
agencies and its instrumentalities that have established internship programs
shall submit an annual report to the Task Force assessing the program. The
report shall review and assess the implementation of their program, suggest
improvements if there are any, include a database of all past and present
interns, and monitor the faithfulness of the internship plan versus its actual
implementation, among other things.

Sec 11. Responsibilities of HEIs, CTIs, and HTEs. - Highcr Education
Institutions and Certified Training Institutions with internship courses must
have an official government recognition for private Higher Education
Institutions, a Board Resolution for State Universities, and a Local
Government Ordinance for local universities.

Their responsibilities in relation to their student-interns include:
1. Assuming full responsibility over students;
2. Creating and notarizing an Internship Contract with selected
HTEs to safeguard the interest and well-being of the interns;


3.

o

x

10.

11.

12.

13.
14
15.

16.

17.

18.

19,

Ensure that the students’ interest is well-represented during the
drafting of the Internship Contract;
Formulating local school internship policies (regarding selection,
placement, monitoring, and assessment);
Prepare a roster of accredited HTEs with internship programs
for student-interns to choose from;
Facilitate the entry of interns to their HTEs of choice;
Developing an Internship Plan specifying objectives and scope in
collaboration with the HTEs;
Ensuring intern will acquire the relevant competencies in each
learning area through the drafting of relevant internship plans
to be a part of the contract signed by the intern, the HEI or CTI,
and the HTE;

Providing free medical and dental services and certification by
medical doctor and dentist to interns;

Providing appropriate insurance coverage, including travel and
medical, to interns within the duration of the internship;
Conducting pre-internship orientation as prerequisite to
deployment. Orientation should be on work environment issues
(such as work ethics and laws against sexual harassment);
Taking appropriate action on complaints against student intern;
Conducting inspection of the HTE to ensure safety;

Monitoring performance of intern together with HTE;

Ensuring that the intern’s basic needs are met at the HTE (such
as food, water, access to clean restrooms, etc.) in coordination
with HTE, CHED, TESDA, etc.;

Conducting post-training evaluations of the program;
Evaluating related prior training experience and provide credits
for internship;

Issuing a final grade to the intern upon completion of
requirements, in accordance with assessment of HTE, and;
Submitting relevant documents to CHED and TESDA (ie.
annual report per SY on implementation of program, copy of
notarized internship agreement, list of partner HTEs, and
interns certified by school officials to have completed
internship)

Host Training Establishments that will receive and train interns must
be authorized by the appropriate government entities and are capable
of providing appropriate internship programs. These establishments
must also have the capacity to provide technical training and to mentor
interns applying to them.


Their responsibilities in relation to their student-interns include:
1. Implementing the agreed-upon Internship Contract and
Internship Plan in coordination with the HEI and CTI;
2. Assigning a point person for implementation of all internship
phases;
3. Orienting intern on rules of the establishment before the signing
of the dontract;

4. Entering into a legal contract with the intern;

5. Providing work experience in accordance with plan;

6. Providing basic allowances, such as for travel or food;

7. Providing the necessary equipment, materials, and safety gears

needed by the interns in order to perform their tasks and duties
at no cost to the interns;

8. Provide readily accessible wash rooms, showers, changing
rooms, ‘resting rooms or lounges, particularly for interns who
will be on duty for extended periods of time, particularly during
night shifts;

9. Ensuring interns do not perform tasks of regular position in
HTEs;

10. Developing feedback mechanism with the intern;

11. Developing feedback mechanism with the HEI and CTI on
implementation and student performance;

12. Providing evaluation reports on intern’s performance;

13. Notifying at least 30 working days prior written notice to HEI or
CTI of intern’s breach of contract, and;

14, Issuing certificate of completion for interns not later than 2
weeks after completion.

Sec 12. Implementation Structure. - An Interns’ Rights and Welfare Task
Force shall be formed and be composed of the following:

a, The Department of Labor and Employment (DOLE) Undersecretary
for Regional Operations and Special Concerns cluster as the
Chairperson;

b. The Commission on Higher Education (CHED) Chair as Co-
Chairperson;

c. Senior officials (at least Assistant Secretary Level) of the Technical
Education and Skills Development Authority (TESDA), Department
of Trade and Industry (DTI), and Civil Service Commission (CSC) as
ex-officio members;

d. Five representatives of University Student Councils and Student
Associations from various fields of study, provided that there are



representatives from Medical and Allied Health Professions,
Hospitality and Restaurant Management, and Tourism fields.

At the National level, the Task Force members shall have the following
duties and functions in accordance to their mandates and in relation to
the implementation of this Act:

1, The DOLE shall:

a. Strictly monitor and ensure compliance of the HTEs in the
implementation of this Act;

b. Prepare and publish quarterly and annual report of internship
program accomplishments, including issues and challenges, and
provide further, analysis and recommendation on the
improvement of program implementation; and

c. Maintain updated list of HTEs in coordination with government
agencies;

d. Decide on cases involving interns with their a:

signed HTEs.

2. The CHED and TESDA shall:

a. Conduct orientation to HEIs and CTlIs regarding the proper
guidelines regarding internship programs and check the legality
of any and all contracts between HTEs, HEIs, CTIs, and the
interns;

Ensure the safety of interns;

c. Establish linkages between government agencies and their
instrumentalities and HTEs for the successful implementation of
internship programs;

d. Ensure that all HEIs, CTIs, and partner HTEs comply with the
guidelines for the protection of interns; and
¢. Provide feedback mechanisms to HEIs, CTIs, and HTEs.

3. The DTI shall:

a, Ensure that all the partner HTEs of the HEIs and the CTis are
officially accredited business with proper safety and occupational
health standards and

b. Formulate a possible incentive scheme for HTEs to encourage
them to take more interns.

4. The CSC shall:
a. Ensure that grievance committees are properly established in
government agencies and their instrumentalities.


Sec. 13. Liabilities and Sanctions. - The following liabilities and sanctions
shall apply in cases of breach of the internship contract:

a. HEls and CTs:

1. Written reprimand, with warning that repeated violations may result
in downgrading of government recognition;

2. Downgrading of government recognition to permit status or grant of
Autonomous to Deregulated status, Center of Excellence to
of Development status;

3. Revoke program recognition; and

4. Filing of administrative and criminal case as appropriate.

b. HTE
1. Written reprimand with warning that a repeat of a violation shall
result to the blacklisting of HTE. Provided, that the agreed upon
compensation and credited hours of the intern shall still be followed
upon the basis of the hours of service rendered by the latter.
2. Filing of administrative and criminal case as appropriate.

c. Intern
1. Subject to sanctions in accordance with HEI’s and CT!’s rules and
regulations.

Sec. 14. Appropriations. - All concerned government agencies shall include
in their annual budgets the necessary funds that will be contributory to the
implementation of this Act

Further, at least one percent (1%) shall be appropriated under the
maintenance and Other Operating Expenses (MOOF) of the agencies for the
implementation of the GIP in their respective jurisdictions and shall be
included in the General Appropriations Act.

Sec 15. Separability Clause. - If for any reason, any part or provision of this
Act shall be held unconstitutional or invalid, other parts of provisions thereof
not affected thereby shall continue to be in full force and effect

Sec 16. Repealing Clause. - All laws, decrees, executive orders,
Proclamations, rules and regulations, and other issuances or part or parts
thereof contrary to or inconsistent with this Act are hereby repealed or
modified accordingly.

Sec. 17. Effectivity. - This Act shall take fifteen (15) days after its publication
in at least two (2) newspapers of general circulation

Approved,