S
RECEIVED N
EIGHTEENTH CONGRESS ) IS VAN on)
REPUBLIC OF THE PHILIPPINES. ) mi DATE:
First Regular Session 5 TUNE:

o BY:

HOUSE OF REPRESENTATIVES

House Bill No., 6128

Introduced by Representative VICTOR A. YAP

EXPLANATORY NOTE

'7 Constitution declares that the State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical, moral, spiritual, intellectual, social
well-being. Further, the State is also mandated to protect the rights of workers and promote their
welfare. In this light, the rights and welfare of students entering into internship programs must be
protected, promoted and safeguarded. =

It is the policy of the State to encourage the involvement of the youth in character-
building and development activities for civic efficiency. Internship programs provide such
experience and exposure to the youth in order for them to develop into future competent workers
which will inevitably contribute to the growth and prosperity of the economy. However, student
interns are susceptible to abuse especially when internship requirements become a cover for
unpaid or underpaid labor’. Furthermore, the lack of specific parameters on the functions of
interns often results in exploitation of labor instead of the cultivation of their professional
growth. The Filipino youth, being the backbone of the nation and pillars of the country should be
given unwavering support and assistance by the State so that nothing will stop them from
harnessing theit full potential

In attaining the above-mentioned State policies, this bill seeks the creation of a national
framework for the protection of the intern’s rights against exploitative practices and measures
that will secure their welfare and ensure their safety throughout the duration of their internships.

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

VI£-TOR A. YAP
Representafive, 2nd District of Tarlac

* OFT as Disguised Exploitation. Inquirer net. August 30, 2012 hitps/opinion inquirer ne/35798/ot-as-disguised-exploitation



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EIGHTEENTH iGRESS )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.6128

Introduced by Representative Victor A. Yap

AN ACT

PROVIDING FOR A NATIONAL FRAMEWORK FOR INTERNS' RIGHTS AND
WELFARE

Be it enacted by

assembled:

SEC.

Act of 2020".

SEC.

enable the youth
principle that the

shall apply:

Tow

. Maint

optim
study;

. Consit

the Senate and House of Representatives of the Philippines in Congress
1. Short Title. - This Act shall be known as the ‘Interns’ Rights and Welfare

2. Declaration of Principles. - The State recognizes its vital responsibility to
fulfill its vital role and responsibility in nation building. It is the government

jouth be accorded opportunities for growth and employment.

rds this end, the goals and objectives of this Act are to:

ain quality training and education through enhanced internship programs with
ized capacity-building for all technical, vocational and professional fields of

stently monitor the NGAs/implementing bodies, higher education institutions

(HEIs), host training establishments (TEs) in guiding the interns and assessing their

perfor
integri

. Reco;

they
Streng
imple:
Ens

SEC.

a. Int

regu
The-J

‘mances during the internship, with strong grievance mechanism to protect the
ity of each institution and promote transparency among all;

jize the interns as part of the labor force, therefore in their chosen workplaces
ould receive fair treatment and just compensation;

then the rights of the interns to avoid any form of abuse or violation from the

renting bodies; and

the safety and welfare of the interns throughout the internship.

3. Definition of Terms — For the purposes of this Act, the following definitions

ship refers to a period of work experience for a limited amount of time taken
students and graduates looking to gain relevant skills and experience in a
lar field. It is the practical application of classroom learning to an actual
r work environment. It is also synonymous to practicum, field practice, or On-
b Training. It is not synonymous to apprenticeship and learnership.



4

42
4B

44
45

46

47
48.

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51

b. Intern refers to a student or graduate undergoing an internship at a Host Training
Establishment (HTE) as partial fulfillment of their academic requirements as
prescribed by their respective Higher Education Institutions (HEIs), Certified
Training Institutions (CTIs), or as a requisite for board examinations.

¢. Internship Contract refers to a formal agreement concurred by all the parties which
shall be accompanied with the agreed upon Internship Plan

d. Internship Plan refers to the outlined goals and objectives, knowledge, skills and

competencies that the student intern should acquire in each training area. This will
include a schedule of activities and assignments along with a clear set of duties to be
fulfilled by the intern, and this Internship Plan will be formulated and approved by
both the HEI, CTI, and HTE.

e. Higher Education Institution (HEI) refers to public and private schools and
universities that require students to undergo internships as part of their official
curriculum.

f. Certified Training Institutions (CTI) refers to certificate issuing and TESDA
accredited training institutions that require students to undergo internships as part of
their official curriculum.

g. Local universities and colleges (LUCs) refer to CHED-accredited public HEIs
established by local government units (LGUs) through an enabling ordinance,
financially supported by the LGU concerned, and complaint with the policies,
standards and guidelines of the CHED;

h. State universities and colleges (SUCs) refers to public HEIs established by
national government and are governed by their respective independent boards of
trustees or regents; and

i. Host Training Establishment (HTE) refers to a duly authorized and registered
entity, institution, or establishment in the Philippines by the Security Exchange
Commission (SEC) or the Department of Trade and Industry (DTI) and with
established systems of training.

SEC. 4. Rights of Interns. - Interns shall enjoy, on an equal and non-discriminatory
basis, all rights guaranteed by the Constitution as well as those recognized under the EO no. 139,
s. 1993, CMO no. 104, s. 2017, and all other relevant international and regional human rights
conventions and declarations.

As such, interns have the right to:

1, Haye the freedom to select their own HTEs,
2. Reasonable work hours;

3. Protected leaves (personal leave, medical leave, leave for internship-related illness
and injury;

4, Just compensation for hours of services rendered;

5. Receive allowances for travel, food, and any other expenses that may be agreed
upon by the HTE and intern;

6. Acquire medical, dental and mental health services;

7. Access basic services in their chosen workplaces;

8. Access information of fees and performance records from HEIs, CTIs and HTEs;


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3

9. Opt-out in paying miscellaneous fees upon enrollment of internship;

10. Be protected against discriminatory practices based on sexual orientation, gender
identity and expression, age, ethnicity, religion, and disability;

11. Be protected against sexual harassment and other derogatory or exploitative
activities at any point during their internship;

12. Be informed of clearly outlined duties during the internship; and

13. Due process prior to termination with HTE for any committed violation or
insufficient requirements with HEIs or CTIs in the entire internship.

SEC. 5. Guidelines on Internship Programs. - The following shall be the guidelines

for the implementation of internship programs:

1. Government Internship Programs

a. All government agencies and instrumentalities, including government-owned and-
controlled corporations are hereby obliged to create a Government Internship Program
for their respective offices.

b. The Government Internship Program shall prescribe standard Internship Plans for
applying interns to ensure that their duties are confined to official tasks only.

2. Industry-Based Internships
a. TEs, HEIs, and CTIs shall, in conjunction, develop an Internship Plan outlining the
scope and limitations of the interns’ duties for the duration of the internship. Interns
shall not be obligated to do work outside of this internship plan.

b. HTEs shall provide interns with compensation for hours of service rendered.

3. School and Internship Fees

a. HEIs and CTis shall not charge interns with school fees that is beyond the
administrative cost corresponding with units of the internship subject.

b. Interns shall have the opt-out option in paying miscellaneous fees especially if their
internship is conducted outside of the HEIs’ premises.

c. In an event of extension of the internship program, no additional extension fee shall
be collected either by the HEI/CTI or the HTE.

d. HTEs shall not be allowed to charge fees from their interns, with the exception of
fees that are directly related to conducted training sessions and affiliation fees for
health-allied internship programs. Provided, that the affiliation fees to be collected
shall comprise no more than 1% of the tuition fee of the internship subject.

€. Collection of all internship-related fees shall be centralized in the HEIs in order to
avoid redundant payments or exploitative practices.

£ All information regarding the school fees collected by the HEI and internship fees
collected by the HTE shall be accessible to the public and the students if and when
they request for it. The composition of the fees collected shall be indicated to promote
transparency.


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4. Additional Guidelines

a. HTEs, HEIs, and CTIs shall create an Internship Contract that will be an official and
binding si stating the duties and responsibilities of all parties, the duties prescribed

in the intern:
and the inte

b. HEIs and
establishmer
internship i
establishmer

ip plans, and the agreed upon remuneration agreements between the HTE

CTis shall not constrain their student interns to apply to a specific office,
, Or training institution. The interns shall be allowed to undertake an
any office, establishment, or training institution as long as the said
's comply with the requirements for HTEs.

c. HTEs shall conduct trainings, seminars, and other developmental interventions for the

interns includi

ing, but not limited to: mentoring, coaching, and performance evaluation.

d, Social protection shall be provided to the interns and are encouraged for consideration

by the institu

e. Interns

ions such as accident insurance, as they may be applicable.

contracted and illness and/or injury during their internship or 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.

f. Interns in the health-allied professions and other highly technical fields shall be given the

necessary mi

terials, equipment, and safety gears necessary to carry out their tasks. These

shall be ot at no cost to the interns.

g. Interns

h. HEIs and
prescribed b

1 be given at least 96 hours of advance notice of their internship schedule.

‘Tis shall assist their student-interns in meeting their health requirements as
the HTEs, through HEI and CTI funded vaccination or check-up programs.

i, Interns are not required and cannot be obliged to report to their HTEs after the

prescribed

rendered by

imber of internship hours are completed.

¢ intern based on the daily time record shall be credited as hours completed

j. In cases — the internship contract is abruptly terminated, the hours of services

for the inte

k. Students

hip program.

/ho applied in internship programs abroad shall be provided with assistance
vant government agencies before and during the duration of their internship
\d when necessary. HEIs and CTTs where these student interns are enrolled
strictly monitor the status of their students' welfare during the duration of the
ensure that standard protections for interns are upheld. Student interns should
to pay for the flight, food, accommodation and other expenses of the HEI's
f should the HEI or CTI require a chaperon abroad.

SEC. 6, Mechanics of Internships. - The following process must be followed in the

hiring of interns.

1. Qualificat

‘ions of Interns

Applicants to internship programs shall:

a. be cui
subject

rrently enrolled in a TESDA certificate course or a tertiary-level internship

b. be between 18 to 30 years old from the start of the internship period



2. Duration
a. Government Internship Programs

The een 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 allowed to have a
maximum of twenty-four (24) units of internship subjects for the duration of their
baccalaureate; Provided, 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 need 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 internship/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 of 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 shall 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.

ork

ment Internship Program and industry-led workplace internships shall cover
1, vocational, and professional fields of study and shall cater to all students
and TESDA recognized universities or degree and certificate awarding

¢ of the internship is for the intern to learn and gain practical experience in
their choice of employment. As such, interns are hired for official purposes only and are
1m taking tasks that go beyond official duties.

Termination of Contract
Any of the following, in respect to the Labor Code of the Philippines, shall be a valid

cause to terminate the internship contract with due process, where notice should be given,
both oral and written for proper documentation:



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By the insti.

ution:

a. Habitual absenteeism of the intern;

b. Will
insubordis
c. Theft

d. Engagi
inside the

| disobedience by the intern of the institution's rules, or persistent
ition of the lawful orders of a supervisor;

ir malicious destruction of the institution's property by the intern;

ng in violence and/or other forms of misconduct during the internship and/or
institution's premises by the intern; and

¢. Persistent poor performance for a prolonged period despite warning duly given to the

intern.

By the int

ern:

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

b. Violat

c. Hi
outside

d. Cruel

ion of any or all of the guidelines prescribed in Section 5 of this Act;

ment by any and all members of the institution whether it occurred in or
f the premises of the HTE;

id inhumane treatment; and

¢. Prolonged or continuing illness of the intern.

SEC.
HTEs, shall draft

7. Internship Contract and Plan. - The HEIs and CTIs, together with the
and produce an Internship Contract that will be used by their student interns.

The HEIs and CTs shall ensure that these documents are legally binding to ensure the protection
of the interns! cc and well-being and assist the students in the process of notarizing the said

document. The
rights and obli
remuneration.

The Internship
together with the:
learning that is
identification of,
and mentoring o}

tract shall properly indicate the educational objectives of the internship, the
ions of all the parties, the duration of the internship, and the agreed upon

nntract shall be accompanied with an Internship Plan drafted and approved
selected HTEs to ensure that the internship program adheres to the quality of
pected from the contract. The Internship Plan shall include the following:
ills to be acquired, job scope and specifications, guidelines on the supervision
the interns, monitoring of the interns' progress, timeline of the internship and

the respective performance indicators to be achieved, among others.

SEC.
Program shall be
rate of Step 1, S
non-taxable. The
and/or tardiness i

8, Remuneration. - Interns who are subscribed to the Government Internship
rovided with a stipend accounting to seventy-five (75%) of the existing salary
lary Grade 1 of the current government salary standardization law and shall be
mount of the stipend shall be based on the intern's actual attendance, absences
curred. 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

minimum wage i

SEC.
participating gove

their respective regions and shall be non-taxable.

9. Grievance Mechanism. - A grievance committee shall be created in
ent agencies and their instrumentalities as well as the HTEs and CTIs that

have internship programs. They have the initial responsibility for settling differences in case of

any violation or
aggrieved party.

sgression of the internship contract or upon the filing of a complaint by an



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The grievance committee shall be composed of a representative from the Head Office of the
HEL, CTI, and | 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 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. Reportorial 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. - Higher Education
Institutions and Certified Training Institutions with internship courses must have an official
government gnition 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. Ensure that the students' interest is well-represented during the drafting of the
Internship Contract;

4. Formulating local school internship policies (regarding selection, placement,
monitoring, and assessment);

5. Prepare a roster of accredited HTEs with internship programs for student
interns to choose from;

6. Facilitate the entry of interns to their HTEs of choice;

7. Developing an Internship Plan specifying objectives and scope in
collaboration with the HTEs;

'8. 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;

9, Providing free medical and dental services and certification by medical doctor

and dentist to interns;

10. Providing appropriate insurance coverage, including travel and medical, to
interns within the duration of the internship;

11. Conducting pre-internship orientation as prerequisite to deployment
Orientation should be on work environment issues (such as work ethics and laws
against sexual harassment);

|


12. Taking appropriate action on complaints against student intern;
13. Conducting inspection of the HTE to ensure safety;
14, Monitoring performance of intern together with HTE;

15. 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.;

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

18. Issuing a final grade to the intern upon completion of requirements, in
accordance with assessment of HTE, and;

19. Submitting relevant documents to CHED and TESDA (i.e. 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 intemship 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
contract;

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;

¢. 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

¢. Maintain updated list of HTEs in coordination with government agencies;
d. Decide on cases involving interns with their assigned HTEs.

2. The CHED and TESDA shall

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

b. Ensure the safety of interns;

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

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

e. 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. HEIs and

1. Wri
of gov

2. Downs
Deregul

3, Revok
4, Filing

b. HTE
|

CTs:

reprimand, with warning that repeated violations may result in downgrading
iment recognition;

rading of government recognition to permit status or grant of Autonomous to
status, Center of Excellence to Center of Development status;

program recognition; and
f administrative and criminal case as appropriate.

1. Written reprimand with warning that a repeat of a violation shall result to the

blacklisti
the intern
latter.

2. Filing

c. Intern
1. Subject

SEC.

1g of HTE. Provided, that the agreed upon compensation and credited hours of
shall still be followed upon the basis of the hours of service rendered by the

f administrative and criminal case as appropriate.

to sanctions in accordance with HEIs and CT's rules and regulations.

4. Appropriations. - All concerned government agencies shall include in their

annual budgets the necessary funds that will be contributory tothe implementation of this Act.

Further, at least
Operating Ex;
respective juris

SEC.

shall be held ate

shall continue to

SEC.

this Act are her

‘one percent (1%) shall be appropriated under the maintenance and Other
(MOOE) of the agencies for the implementation of the GIP in their
tions and shall be included in the General Appropriations Act.

15, Separability Clause. - If for any reason, any part or provision of this Act
titutional or invalid, other parts of provisions thereof not affected thereby
in full force and effect.

16, Repealing Clause. - All laws, decrees, executive orders, proclamations,

rules and aon and other issuances or part or parts thereof contrary to or inconsistent with

SEC.
least two (2) news

Appt

repealed or modified accordingly.

17. Effectivity. - This Act shall take fifteen (15) days after its publication in at
papers of general circulation.

ved,