, . 2,’; p 1 :{ 
1‘; 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
3, 
i 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
\ - * \  
I - 
1 ‘3 . 
% J -  
, .  
Introduced by Senator LmSA ‘ZOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 13, Section 3 provides: 
“The State shall afford full protection to labor, local and 
overseas, organized and unorganized, and 
promote full 
employment and equality of employment opportunities for all.” 
Unemployment and underemployment are perennial problems of the Philippine 
government. News reports of banks, corporations and small and medium scale businesses 
forced to close down abound. 
This trend undoubtedly places the mature and older workers at a disadvantage. 
Those who are previously employed may suddenly find themselves jobless, while those 
who have never been employed might have less chances of being hired because of the 
increased competition. 
It is thus the purpose of this bill to establish programs to prepare mature or older 
workers for participation in the labor force by increasing occupational and educational 
skills resulting in improved long-term employability, and increased employment and 
earnings. 
In view of the foregoing, the early approval of this bill is earnestly solicited. 
LUISA “LOIqP. EJERCITO ESTRADA 
Senator 


S E N A T E  
~
~
~
~
_
_
_
~
~
 
~~ 
Introduced by Senator LUISA “Lor” P. EJERCITO ESTRADA 
AN ACT 
TO ESTABLISH A JOB “RAINING PROGRAM FOR MATURE OR OLDER 
WORKERS 
3e it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assem bled: 
Section 1. Short Title. - This Act shall be known as the “Mature and Older 
Workers Act.” 
Section 2. Defznition of Policy. - It is the policy of the State to afford fbll 
protection to labor, local and overseas, organized and unorganized, and promote kll 
employment and equality of employment opportunities for all. 
Section 3. Definition of Terms. - As used in this Act, the term: 
(A) 
The term “Basic Skills Deficient” means, with respect to an individual, 
that the individual has English reading or computing skills at or below the 
8” grade level on a generally accepted standardized test or a comparable 
score on a criterion-referenced test; 
The term “Case Management” means the provision, in the delivery of a 
service, of a client-centered approach designed to - 
(B) 
2 


(1) 
prepare and coordinate a comprehensive employment plan, such as 
a service strategy, for a participant to ensure access to a necessary 
training and support service; and 
provide job and career counseling during program participation 
(2) 
. 
and after job placement. 
The term “Educational Agency” means - 
a public local school authority having administrative control of 
elementary, middle, or secondary schools or providing adult 
education; 
a public or private institution that provides alternative middle or 
high school education; 
a public education institution or agency having administrative 
control of secondary or post-secondary vocational education 
programs; or 
post-secondary institution; 
The term “Mature or Older Worker” means an individual who is 40 years 
of age or older; 
The term “Participant” means an individual who has been determined to 
be eligible to participate in the program; 
The term “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 equivalency for such a diploma; 
and 
The term “Termination” means the separation of a participant who is no 
longer receiving services. 
3 


Section 4. Eligzbiliqfor Services. - An individual shall be eligible to participate 
in the program assisted under this part if such individuaf is forty (40) years of age or 
older and is included in one or more of the following categories: 
(1) 
(2) 
(3) 
Individuals whose income is not in excess of the poverty line; 
Individuals who are eligible for housing assistance; or 
Individuals who are included in too (2) or more of the following 
categories : 
Individuals who are unemployed 15 of the past 26 weeks; 
Individuals who are unemployed 30 of the past 52 weeks; 
Individuals who are working 20 or fewer hours a weeks; 
Individuals who are displaced homemakers; 
Individuals who are homeless; 
Individuals who have finished less than 10 years of school; 
Individuals who are deficient in basic skills; 
Individuals who have been notified that the jobs of such 
individuals will be terminated within the next 60 days; or 
Individuals who live alone. 
Section 5. Program Design. - (a) IN GENERAL - 
(1) 
PROGRAM REQUWEMENTS - Each program assisted under 
this part shall include - 
(A) 
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 
nontraditional employment) and supportive service needs, 
except that a new assessment of a participant is not required 
if the program determines that a recent assessment of the 
4 


participant conducted under another education or training 
program, is an appropriate assessment; 
development of service strategies that shall identify the 
employment goal (including in appropriate circumstances, 
nontraditional employment), the appropriate achievement 
objectives, and the appropriate sequence of services 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; 
a review of the progress of each participant in meeting the 
objectives of the service strategy; and 
basic skills training and occupational skills training if the 
assessment and the service strategy indicate such training is 
appropriate. 
(B) 
(C) 
(D) 
(2) 
ADDITIONAL REQUlREMENTS - 
(A) 
MINIMUM 
INCOME 
PARTICIPANTS 
AND 
APPLICANTS - Each service delivery area participating in 
a program assisted undeC this Act shall ensure that each 
participant or applicant described in paragraph (l), (2), or 
(3) of section 4 shall be provided - 
(i) 
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 fimds under this Act; 
and 
5 


(ii) 
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. 
(B) 
APPLICANTS 
NOT 
MEETING 
ENROLLMENT 
REQUIREMENTS - 
(i) 
SERVICE PROVIDERS - Each service provider 
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 krther assessment, as 
necessary, and referral to appropriate programs to 
meet the basic skills and training needs of the 
applicant. 
(ii) 
SERVICE DELIVERY AREA - The service 
delivery area shall ensure that appropriate referrals 
are made under clause (i) and shall maintain records 
on the referral and the reasons for which applicants 
are referred. 
(b) 
AUTHORIZED SERVICES - One or more of the following training or 
supportive services shall be made available to each participant under this 
part: 
Outreach and recruitment. 
Intake and assessment. 
Job search assistance. 
Classroom and occupational skill training. 
On-the-job training. 
Work experience. 
Basic and remedial education and literacy training. 
6 


(8) 
Supplemental services, including day care for dependent children 
and adults. 
(9) 
Occupational placement assistance. 
(c) 
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 "
N
G
 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, Culture and Sports, 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. 
Section 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. 
Section 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. 
Section 8. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
7 


or inconsistent with, the provision of this Act is hereby repealed, modified or amended 
accordingly. 
Section 9. Effectivity Clause. - This Act shall take effect fifieen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
GVWyellowdisk slpeediskl/tmd/fullemployment 
8