Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __4333

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this representation
respectfully refiles this measure, which has constantly been receiving support from
the past and present Congress.

Despite the enactment of Republic Act 10911 also known as the “Anti
Discrimination in Employment Act”, many workers who are aged forty years old
and above still experience difficulties in securing employment due to the disparity
in terms of skill and the increased competition in the job market.

This proposed measure seeks to provide older workers with the necessary
educational and occupational skills to improve their overall employability and
Productivity. It also aims to alleviate the current condition of older workers in the
country by providing the additional support and affirmation from the Government.

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

JOHN TIN “OL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4333
HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT ESTABLISHING A JOB TRAINING PROGRAM FOR MATURE OR
OLDER WORKERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Mature and Older
Workers Act."

SEC. 2. Declaration of Policy. - It is the policy of the State to afford full
protection to labor, local and overseas, organized and unorganized and promote
employment and equality of employment opportunities for all. Towards this end,
the State shall establish, maintain, and support a training program that will equip
mature and older workers with the educational and occupational skills that will
improve their employability and productivity,

SEC. 3. Definition of Terms. - As used in this Act, the term:
(A) Basic Skills Deficient means, with respect to an individual, that the individual
has English reading or computing skills at or below the 8th grade level ona
generally accepted standardized test or a comparable score on a criterion
referenced test;
(B) Case Management means the provision, in the delivery of a service, of a client-
centered approach designed to:
(1) Prepare and coordinate a comprehensive employment plan, such asa
service strategy, for a participant to ensure access to a necessary training
and support service; and
(2) Provide job and career counseling during program participation and after
job placement.

(C) Educational Agency means:
(1) A public local school authority having administrative control of
elementary, middle or secondary schools or providing adult educations;
(2) A public or private institution that provides alternative middle or high
school education;
(3) A public education institution or agency having administrative control of
secondary or post-secondary vocational education programs; or


(4) Post-secondary institution
(D) Mature or Older Worker means an individual who is 40 years of age or older.
(E) Participant means an individual who has been determined to be eligible to
participate in the program;
(F) School Dropout means an individual who is no longer attending any school and
who has not received a secondary school diploma or a certificate from a program
of equivalent for such a diploma; and
(G) Termination means the separation of a participant who is no longer receiving
services.

SEC. 4. Eligibility for Services - An individual shall be eligible to participate in
the program assisted under this part if such individual is forty (40) years of age or
older and is included in one or more of the following categories:

(A) Individuals whose income is not excess of the poverty line;

(B) Individuals who are eligible for housing assistance; or

(C) Individuals who are included in two (2) or more of the following

categories:
(1) Individuals who are unemployed for 15 consecutive weeks;
(2) Individuals who are unemployed for 30 consecutive weeks;
(3) Individuals who are working 20 or fewer hours a week;
(4) Individuals who are displaced homemakers;
(5) Individuals who are homeless;
(6) Individuals who have finished less than 10 years of school;
(7) Individuals who are deficient in basic skills;
(8) Individuals who have been notified that the jobs of such;
(9) Individuals will be terminated within the next 60 days; or
(10) Individuals who live alone.

SEC. 5. Program Design -

(A) IN GENERAL - PROGRAM REQUIREMENTS - Each program assisted under this

Act shall include:
(1) An objective assessment, using the case management technique, of the
skill levels and service needs of each participant, including such factors as
basic skills, occupational skills, prior work experience, employability
interests, aptitudes (including interests and aptitudes for non-traditional
employment) and supportive service needs, except that a new assessment
of a participant is not required if the program determined that a recent
assessment of the participant conducted under another education or training
program, is an appropriate assessment;
(2) The development of service strategies that shall identity the employment
goal (including in appropriate circumstances, nontraditional employment),
the appropriate achievement objectives, and the appropriate sequence of
service for participants, taking into account the assessments conducted
under subparagraph (A), except that a new service strategy is not required if
the program determines a recent service strategy developed for the
participant under another education or training program is an appropriate
service strategy:


(3) A review of the progress of each participant in meeting the objectives of
the service strategy; and
(4) Basic skills training and occupational skills training if the assessments
and the strategy indicate such training is appropriate.
(B) ADDITIONAL REQUIREMENTS -
(1) MINIMUM INCOME PARTICIPANTS AND APPLICANTS - Each service
delivery area participating in a program assisted under this Act shall ensure
that each participant or applicant described in paragraph (1), (2), or (3) of
Section 4 shall be provided -
(a) Information on the full array of applicable or appropriate services
that are available through the service delivery area or other service
providers, including providers receiving funds under this Act; and
(b) Referral to other appropriate training and educational programs
that have the capacity to serve the participant or applicant either on a
sequential or concurrent basis.
(C) APPLICANTS NOT MEETING ENROLLMENT REQUIREMENTS -
(1) SERVICE PROVIDERS - Each service providers shall ensure that an
eligible applicant who does not meet the enrollment requirements of the
particular program of the provider shall be referred to the service delivery
area for further assessment, as necessary, and referral to appropriate
programs to meet the basic skills and training needs of the applicants;
(2) SERVICE DELIVERY AREA - The service delivery area shall ensure that
appropriate referrals are made under clause (1) and shall maintain records
on the referral and the reasons for which applicants are referred.
(D) AUTHORIZED SERVICES - One or more of the following training or supportive
services shall be made available to each participant under this Act:
(1) Outreach and recruitment;
(2) Intake and assessment;
(3) Job search assistance;
(4) Classroom and occupational skills training;
(5) On-the-job training:
(6) Work experience;
(7) Basic and remedial education and literacy training;
(8) Supplemental services, including day care for dependent children and
adults;
(9) Occupational placement assistance;

(E) SPECIAL RULES -
(1) SELECTION OF SERVICE PROVIDERS - In the selection of service
providers, the Department of Labor and Employment shall give preference to
agencies and organizations with demonstrated competence in conducting
older and mature worker programs.

(2) JOB TRAINING PLAN - The Department of Labor and Employment shall
develop the job training program under this Act. It may seek the assistance
of other government agencies such as the Department of Education and the
help of private educational agencies. It shall also formulate the necessary


implementing rules and regulations that will ensure the efficient and
effective implementation of this Act.

SEC. 6. Report - The Secretary shall submit to the President of the Philippines
and to both Houses of Congress, not later than the opening of the regular session
each year, an annual report on the status of the implementation of this Act. The
annual report shall include an analysis, for each province and on a nationwide
basis of the number of participants served under this Act, and the type of services
under this Act received by participants.

SEC, 7. Separability Clause - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting,

SEC. 8. Repealing Clause - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provision of this Act is hereby repealed, modified or amended
accordingly.

SEC. 9. Effectivity Clause - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,