Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No.__8431

Introduced by Representative Johii'Marvin “Yul Servo” 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 (Rep. Ocampo’s HB 1918, Rep.
Vargas’ HB 5494, Rep. Rodriquez’s HB6839, and Rep. Sy-Alvarado’s HB 8153)
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 oGpider workers in
the country by providing the additional support and affirmatidn from the

Government. :

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

JOHN IN “#UL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. __ 8421

Introduced by Representative John Marvin “Yul Servo” 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 on a 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 as a
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,