Republic of the Philippines:

House of Representatives

Batasan Wills, Queson City

Eighteenth Congress
First Regular Session

HOUSE BILL NO, _ 9203

Introduced by Representatives Florencio Gabriel “Bem” G. Noel

EXPLANATORY NOTE

Internship is one of the common requirements for graduating college
students. Internship is when college students seek hands-on training experience
from professional corporations or institutions. Students, prior to graduating,
familiarize themselves in an environment related to the profession they seek to
pursue. Interns sacrifice hours of their time in order to finish this requirement.

On the other hand, they also contribute greatly to the productivity of the
company or organization hosting them. These institutions receive much needed
assistance from these young interns while also giving these interns the experience
that they seek. During the duration of their internship, Interns are treated and are
given tasks as if they are part of the institution.

Therefore, it is imperative that the welfare of these interns are given
sufficient protection during the duration of their respective internships. This bill
also seeks to protect the interns from exploitative practices while simultaneously
ensuring that their safety is the foremost concern of the parties involved.

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

FLORENCIO GABRIE EM” G. NOEL

An Waray Partylist Representative

fis eX
f=’ RECEIVED ‘“z\
ove, OCT 29 2019



Republic of the Philippines

Bouse of Representatives

Batasan Wills, Queson City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5203

Introduced by Representatives Florencio Gabriel “Bem” G. Noel

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

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress 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
is the government principle of this Act that the youth be accorded opportunities
for growth and employment.

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

1. Maintain quality training and education through enhanced internship
programs with optimized capacity-building for all technical,
vocational and professional 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 grievance 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 the rights of the interns to avoid any form of abuse or
violation from the implementing bodies; and

5. Ensure the safety and welfare of the interns throughout the
internship.

SEC 3. Definition of Terms. — For the purpose of this Act, the following
definitions shall apply:

a.

Internship 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
experience in a particular field. It is the practical application of classroom
learning to an actual regular work environment. It is also synonymous to
practicum, field practice, or On-The-Job Training. It is not synonymous to
apprenticeship and learnership.

. 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.

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

skills and competencies that the student inter 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.

. Higher Education Institution (HEI) refers pertain to public and private

schools and universities that require students to undergo internships as part
of their official curriculum.
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.

. 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;

. 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

. 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. Have 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;
. Acquire medical, dental and mental health services;
. Access basic services in their chosen workplaces;
8. Access information of fees and performance records from HEIs, CTIs and
HTEs;
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.

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

f. 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.

Additional Guidelines

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

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

c. HTEs shall conduct trainings, seminars, and other developmental
interventions for the interns including, 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 institutions such as accident insurance, as they may
be applicable.


e. Interns that 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 materials, equipment, and safety gears
necessary to carry out their tasks. These shall be given at no cost to the
interns.

g. Interns shall be given at least 96 hours of advance notice of their internship
schedule.

h. HEIs and CTls shall assist their student-interns in meeting their health
requirements as prescribed by 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 number of internship hours are completed.

j._ In cases where the internship contract is abruptly terminated, the hours of
services rendered by the intern based on the daily time record shall be
credited as hours completed for the internship program.

k. Students who applied in internship programs abroad shall be provided with
assistance from the relevant government agencies before and during the
duration of their internship programs, if and when necessary. HEIs and
CTTs where these student interns are enrolled are obliged to strictly
monitor the status of their students' welfare during the duration of the
internship to ensure that standard protections for interns are upheld.
Student interns should not be required to pay for the flight, food,
accommodation and other expenses of the HEI's faculty or staff, 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. Qualifications of Interns
Applicants to internship programs shall:
a. becurrently enrolled in a TESDA certificate course or a tertiary-
level internship subject
b. be between 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 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.

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
official purposes only and are prohibited from taking tasks that go beyond
official duties.

4, Termination of Contract

Any of the following, in respect to the Labor Code of the Phi
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:

By the institution:

a. Habitual absenteeism of the intern;

b. Willful disobedience by the intern of the institution's rules, or
persistent insubordination of the lawful orders of a supervisor;

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

d. Engaging in violence and/or other forms of misconduct during
the internship and/or inside the institution's premises by the
intern; and

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

By the intern:

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

b. Violation of any or all of the guidelines prescribed in Section 5
of this Act

c. Harassment by any and all members of the institution whether it
occurred in or outside of the premises of the HTE;
d. Cruel and inhumane treatment; and
e. Prolonged or continuing illness of the intern.

Sec. 7. Internship Contract and Plan. - The HEIs and CTIs, 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 assist
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 together 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 interns actual attendance, absences and/or tardiness incurred. 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 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 CTIs 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, Cn, 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, Cn, 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, CHs, HTEs, government agencies
and its instrumentalities that have established intemship 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 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. 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,



16. Conducting post-training evaluations of the program;

17. Evaluating related prior training experience and provide credits for

18. Issuing a final grade to the intern upon completion of requirements, in 21
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 partners 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 intemship phases;

. Orienting intern on rules of the establishment before the signing of
the contract;

. Entering into a legal contract with the intern;

. Providing work experience in accordance with plan;

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

. 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.

w

NaAws

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 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 successful 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 CTIs:

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
Center 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 CTI'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 (MOOE) 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, issuances, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

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

Approved,