16TH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'15 
AUG -4 P6 :15 
SENATE 
Senate Bill No. 
2 B 8 9 
Introduced by SENATOR SONNY ANGARA 
AN ACT INSTITUTIONALIZING THE NATIONWIDE IMPLEMENTATION OF THE 
JOBSTART PHILIPPINES PROGRAM AND PROVIDING FUNDS THEREFOR 
EXPLANATORY NOTE 
The International Labour Organization (ILO, 2015) notes that while our youth 
unemployment rate has declined slightly from 17.4% in 2008 to 16.1% in 20131,1.4 
million young Filipinos nevertheless remain unemployed. Accounting for one-half of 
the total unemployed in our country, these youths are almost three times more likely 
than their adult counterparts to be unemployed. As such, 
the Philippine 
unemployment challenge is primarily a youth phenomenon, which this bill addresses. 
The counterpart of House Bill 5468, this bill institutionalizes the 'JobStart 
Philippines Program', a labor market program to assist at-risk youth improve their 
school to work transition and their integration into productive employment. JobStart 
was introduced in May 2014, with funding support from the Government of Canada 
and technical assistance from the Asian Development Bank. The Department of 
Labor and Employment launched the program in four (4) localities: General Trias, 
Cavite; San Fernando, Pampanga; Taguig City, and Quezon City. 
The JobStart pilot phase tested approaches and strategies that provide youth 
with enhanced career guidance services, life skills, and technical training with 
practical work experience at the establishment or company level. The pilot project 
included 3,200 program beneficiaries, and the development'of a model providing full-
cycle employment facilitation services at the local level, benchmarking good 
practices from Kenya, Chile and the United States. 
Under this bill, the JobsStart model shall be cascaded throughout the country, 
intending to replicate the gains that have already been achieved. Our Public 
Employment Service Offices (PESOs) shall also be taking a more prominent role by 
1 The labour force survey was not conducted in Eastern Visayas in Ja~uary 2014 due to the 
destruction caused by Typhoon Yolanda (Haiyan), and in Leyte Province in subsequent rounds that 
year. Thus, national aggregates in 2014 are not directly comparable to previous years (lLO, 2015). 


.' 
offering enhanced employment facilitation services and providing improved local 
labor market information, supporting the creation of decent quality jobs and moving 
us closer towards our national goals of poverty reduction and inclusive growth. 
In view of the foregoing, swift passage of this bill is sought. 


16TH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'15 
AUG -4 P6 :15 
SENATE 
Senate Bill No. 
2889 
IU;CJ.;;IVED BY;~' 
Introduced by SENATOR SONNY ANGARA 
AN ACT 
INSTITUTIONALIZING 
THE 
NATIONWIDE 
IMPLEMENTATION 
OF 
THE 
JOBSTART PHILIPPINES PROGRAM AND PROVIDING FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
1 
SECTION 1. 
Short Title. - This Act shall be known as the "JobStart 
2 
Philippines Act". 
3 
4 
SEC. 2. Declaration of Policy. - It is the policy of the State to promote full 
5 
employment and equality of employment opportunities for all. The Philippines 
6 
subscribes to the International Labor Organization's (ILO) Decent Work Agenda. As 
7 
a signatory to ILO Convention 88, the State shall promote the establishment of 
8 
Public Employment Service Office (PESO) as the primary institution at the local level 
9 
that will be responsible for implementing a variety of active labor market programs 
10 
including job search assistance, training, and placement for the unemployed, 
11 
including young jobseekers. 
12 
13 
SEC. 3. Statement of Objectives - The JobStart Philippines Program aims to 
14 
enhance the knowledge and skills acquired in formal education or technical training 
15 
by jobseekers in order for them to become more responsive to the demands of the 
16 
labor market. The program will also help develop the life skills of the youth, including 
17 
those relevant to the values of professionalism and work appreciation, and provide 
18 
trainees with a conducive and safe work environment or venue where they can apply 
19 
relevant theories and code of ethics. 
20 
21 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms 
22 
are hereby defined as follows: 
23 
a) Establishment -
refers to an enterprise or employer which may be a 
24 
company, sole proprietorship, partnership, corporation, or any other legal 
25 
entity registered under relevant laws that may provide a venue for training 
26 
and placement of JobStart trainees. 
1 


'J 
r. 
1 
b) JobStart Graduate - refers to a JobStart trainee who has completed all 
2 
the program services and undergone all stages of the JobStart full-cycle 
3 
employment facilitation services. 
4 
5 
c) Jobstart Internship - refers to the practical learning of a Jobstart trainee 
6 
in a regular work environment in a participating establishment for a period 
7 
of up to three (3) months, as determined by the latter. 
8 
9 
d) Jobstart Life Skills Training - refers to an eight-day training designed to 
10 
provide a JobStart trainee with the ability to adapt, be resilient, flexible and 
11 
develop positive behaviours that enable them to deal effectively with the 
12 
demands and challenges of everyday life and work. 
13 
14 
e) JobStart Technical Training - refers to the technology-based theoretical 
15 
instruction for a period of up to three (3) months in a lecture area, and 
16 
hands-on exercises in a laboratory or a workshop within the premises of a 
17 
technical training provider, either in a technical vocational institute (TVI) 
18 
registered with the Technical Education and Skills Development Authority 
19 
(TESDA) or in-house in a participating establishment. 
20 
21 
f) JobStart Trainee - refers to an eligible JobStart registrant selected to 
22 
participate in the program. 
23 
24 
g) JobStart Unit -
refers to the office established and managed by the 
25 
Bureau of Local Employment (BLE) of the Department of Labor and 
26 
Employment (DOLE) Regional Office, or the PESO to implement and 
27 
oversee the JobStart program. 
28 
29 
h) Training Allowance - refers to the amount which the JobStart trainee 
30 
receives from the JobStart Unit or from the participating establishment for 
31 
the duration of the life skills and technical training period. 
32 
33 
i) 
Training Certificate - refers to a certification that shall be jOintly issued by 
34 
the DOLE, the TESDA, and the concerned establishment after program 
35 
completion and assessment of the JobStart trainee's competencies to 
36 
attest the skills acquired by the JobStart trainee. The certificate shall 
37 
contain a list of the units of competency and qualification acquired. 
38 
39 
j) Training Plan - refers to a written plan by the participating establishment 
40 
that specifies the skill competencies to be acquired by the JobStart 
41 
trainee, the training curriculum or modules to be used, and the 
42 
competency levels expected to be achieved by the end of the technical 
43 
training period. 
44 
45 
SEC. 5. Qualifications of a JobStart Trainee -
To qualify as a JobStart 
46 
trainee, a person shall: 
2 


1 
a) Be eighteen (18) to twenty-four (24) years of age at the time of the 
2 
registration period. Those who are seventeen (17) years old may also 
3 
register provided that they will be eighteen (18) years old at the time of the 
4 
technical training; 
5 
b) Be at least a high school graduate; 
6 
c) Not be employed, studying, or undergoing training at the time of the 
7 
registration; and 
8 
d) Be with less than one (1) year or no work experience. 
9 
10 
SEC. 6. Program Components. - The JobStart Program shall include full 
11 
employment facilitation services such as registration or client assessment, one-on-
12 
one career guidance, life skills and technical training, job matching, and referrals 
13 
either for further technical training or for employment in an establishment. 
14 
15 
SEC. 7. Status of JobStart Trainees· The JobStart registrant shall be 
16 
considered as a trainee and not as an employee of the participating establishment 
17 
for the duration of the training program. JobStart graduates shall be given preference 
18 
in the hiring of workers by the participating establishment. After career coaching, the 
19 
PESO shall assess and determine whether the JobStart trainee is ready to be placed 
20 
for contractual or regular work in an establishment. 
21 
22 
SEC. 8. Payment of Training Allowance. - The trainees shall receive a daily 
23 
training allowance from the JobStart Unit beginning from the life skills training stage 
24 
to the technical training stage. The amount of the training allowance shall be 
25 
determined by the DOLE. 
26 
27 
Upon entry into the internship stage, the participating establishment shall 
28 
provide the JobStart trainees with a daily allowance of not less than seventy-five 
29 
percent (75%) of the prevailing minimum wage in the city or municipality where the 
30 
establishment is located. 
The amount of the allowance shall be based on the 
31 
trainee's actual attendance, and absences, tardiness, or undertime incurred shall be 
32 
deducted therefrom in accordance with the training plan. Training allowances shall 
33 
be paid at least once every two (2) weeks or twice a month at intervals not 
34 
exceeding sixteen (16) days. 
35 
36 
SEC. 9. JobStart Training Period. - The JobStart training period shall be 
37 
divided into three (3) phases, namely: 
38 
39 
A. 
JobStart Life Skills Training: 
40 
41 
a) The life skills training shall be conducted for a period of eight (8) days, with 
42 
one life skill being taught in each day of the program. 
43 
b) The JobStart trainee shall receive a daily allowance for the duration of the 
44 
life skills training. 
45 
46 
B. 
JobStart Technical Training: 
3 


, , 
1 
a) The technical training shall be for a period up to three (3) months. The 
2 
period may be less than three (3) months depending on the skills and 
3 
competencies that the JobStart trainee must achieve and as determined by 
4 
the participating employer or establishment. 
5 
b) The JobStart trainee shall receive a training allowance for the duration of 
6 
the technical training. 
7 
8 
C. 
9 
JobStart Internship: 
10 
a) The JobStart internship period shall not be more than three (3) months or 
11 
six hundred (600) hours. The total daily training hours shall be eight (8) 
12 
hours exclusive of not less than sixty (60) minutes time-off for the regular 
13 
meals. 
14 
b) The internship period may be beyond eight (8) hours a day, provided that 
15 
said overtime shall not exceed two (2) hours a day. The JobStart trainee 
16 
shall be paid for the overtime stay an additional allowance equivalent to the 
17 
daily training allowance plus at least twenty-five percent (25%) thereof. 
18 
c) In case of night shift training, the JobStart trainee shall be entitled to a night 
19 
shift differential pay of not less than ten percent (10%) of the training 
20 
allowance for each hour of training between 10 o'clock in the evening 
21 
and 6 o'clock in the morning. 
22 
d) A JobStart trainee may be trained during regular holidays provided that the 
23 
trainee is willing to and will be compensated twice the daily training 
24 
allowance on a regular holiday. 
25 
e) The time spent on overtime stay shall be duly credited to the trainee's 
26 
number of training hours. 
27 
f) A JobStart trainee may be required to undergo a probationary period 
28 
provided that the number of days rendered by the trainee in the 
29 
establishment shall be counted as part of the probationary period should 
30 
the trainee be hired in the same establishment upon completion of the 
31 
program. 
32 
33 
SEC. 10. Entitlement to Other Benefits and Incentives. - Notwithstanding 
34 
the local government unit (LGU) or participating establishment's preference to 
35 
provide additional or other health services or insurance support, the JobStart 
36 
trainees shall be covered with accident insurance for the duration of the program to 
37 
be paid by the DOLE. The participating establishment shall be reimbursed the cost of 
38 
the JobStart trainee's pre-training and employment medical examinations to be 
39 
provided by the DOLE, to be disbursed through the PESO. On the other hand, the 
40 
LGU shall exempt the JobStart trainees from securing a work permit. 
41 
42 
SEC. 
11. Duties and Responsibilities of the JobStart Trainee. - The 
43 
JobStart trainee shall exert every effort to acquire the abilities, values, and 
44 
knowledge necessary to achieve the purpose of the training. Towards this end, the 
45 
trainee shall: 
46 
4 


1 
a) Submit to the PESO the following documents: 
1. Birth certificate; 
2. High school and college diploma if applicable; 
3. Transcript of records of highest educational level attained; and 
2 
3 
4 
5 
6 
7 
8 
4. Training certificates or a national certification issued by TESDA if 
applicable. 
9 
b) Enter into either a training or service contract with the establishment; 
10 
c) Report for training or work in the establishment based on the schedule. 
11 
indicated in the training or work contract; 
12 
d) Perform tasks and activities indicated in the Training Plan; 
13 
e) Use tools, instruments, machines and other equipment with due care; 
14 
f) Not reveal any business or trade secrets that have come to the trainee's ~ 
15 
knowledge in the course of the training; 
16 
g) Adhere to the existing rules and regulations of the establishment; and 
17 
h) Report to the PESO for an exit interview after the completion of the: 
18 
internship period. 
19 
20 
SEC. 
12. Participation of Establishments. - An establishment shall be 
21 
allowed to take in JobStart trainees only up to a maximum of twenty percent (20%) of 
22 
its total workforce. The establishment shall not take in the same trainee to be part of 
23 
the former's engagement in a similar training program such as the Dual Training 
24 
Program and the National Apprenticeship Program. 
25 
26 
The participating establishments must have the following: 
27 
28 
a) Legitimate business operating within the LGU's area; 
29 
b) Capacity to provide, in case of an in-house arrangement, or facilitate, in 
30 
case of a third-party training provider, a TVET training to JobStart trainees, 
31 
and to arrange for the disbursement of the training allowance; 
32 
c) Capacity to provide for up to three (3) months internship or work 
33 
experience to JobStart trainees, with a commitment to pay seventy-five 
34 
percent 
(75%) of the daily minimum wage for the relevant city or 
35 
municipality; 
36 
d) Capacity to develop a training plan to be learned and applied by the 
37 
trainee in the establishment; 
38 
e) Capacity to monitor a JobStart trainee's performance; and 
39 
f) 
Interest and willingness to absorb or offer possible regular employment to 
40 
JobStart graduates. 
41 
42 
SEC. 13. Duties and Responsibilities of Establishment. - The participating 
43 
establishment shall perform the following: 
44 
45 
a) Design and implement the training plan in partnership with a TVET 
46 
institution, as applicable; 
47 
b) Enter into either a training or work contract with the JobStart trainee; 
5 


, . 
1 
C) Provide to the JobStart trainee practical training or work experience for a 
2 
maximum period of three (3) months or 600 hours; 
3 
d) Pay the JobStart trainee a training allowance of not less than seventy-five 
4 
percent (75%) 
of the daily minimum wage of the 
city or municipality 
S 
where the establishment is located; 
6 
e) Encourage the JobStart trainee to develop personality and professionalism 
7 
and to the extent possible, protect the JobStart trainee from physical or 
8 
moral danger; 
9 
f) 
Submit monitoring and evaluation reports or other information on the 
10 
trainee's performance as may be required by the DOb.E or the PESO; 
11 
g) Submit invoices to the PESO for reimbursement or liquidation of 
12 
expenses, as the case may be, of training costs, training allowances, and 
13 
other adm inistrative costs; and 
14 
h) Notify the PESO and the JobStart Unit of a trainee's breach of contract or 
15 
misconduct in the training premises prior to its decision to suspend or 
16 
terminate the training. 
17 
\ 
18 
'SEC. 14. Termination of Training Contract. - Any of the following shall be a 
19 
valid cause to terminate the training contract: 
20 
21 
By the establishment: 
22 
23 
i. 
Habitual absenteeism of the trainee; 
24 
ii. 
Willful disobedience by the trainee of the establishment's rules, or 
2S 
insubordination of a lawful order of a superior; 
26 
iii. 
Theft or malicious destruction of establishment's property or equipment 
27 
by the trainee; 
28 
iv. 
Engaging in violence or other forms of misconduct in the training 
29 
or establishment's premises by the trainee; and 
30 
v. 
Inefficiency 
or poor training performance for a prolonged period 
31 
despite warnings duly given to the trainee, 
32 
33 
By the JobStart trainee: 
34 
3S 
i. 
Substandard or harmful working conditions within the establishment's 
36 
premises; 
37 
ii. 
Cruel and inhumane treatment; and 
38 
iii. 
Prolonged or continuing illness. 
39 
40 
Either party may furnish the other party a notice of intent to terminate the 
41 
training contract for cause as defined in this section. 
42 
43 
In case the training contract has been terminated, replacement of a JobStart 
44 
trainee in an establishment shall be allowed subject to the cause of termination. In 
45 
case the termination is caused by the establishment, the JobStart trainee may still be 
46 
referred to other participating establishments. In case the termination is caused by 
47 
the trainee's non-adherence to program guidelines, a new trainee may still be 
6 


· , 
1 
provided to the establishment provided that there are other trainees available for 
2 
deployment. 
3 
4 
SEC. 15. Grievance Committee. - The Grievance Committee shall have the 
5 
initial responsibility of settling differences in case of any violation of the training 
6 
agreement or upon the filing of a complaint by an aggrieved party. The Grievance 
7 
Committee shall be composed of the officials and representatives of the concerned 
8 
DOLE regional and field offices, and PESOs which have the jurisdiction over 
9 
concerned establishments. The Committee shall investigate and render a decision 
10 
pursuant to pertinent rules and regulations. In case of failure by the Grievance 
11 
Committee to settle the issue or render a decision, or in case the complaint is 
12 
against members of the Grievance Committee, the case shall be referred to the 
13 
Bureau of Local Employment for appropriate action. 
14 
15 
SEC. 16. Payment of Administrative Fee. -
Participating establishments 
16 
shall receive an amount per month per JobStart trainee to cover administration cost 
17 
in managing the trainee, such amount to be determined by the DOLE. 
18 
19 
SEC. 17. Partnership with Local Government. - The LGUs, through the 
20 
PESOs, shall serve as the conduit of DOLE in implementing the program at the local 
21 
level. The PESOs are expected to: 
22 
23 
a) 
Hire adequate staff to ensure the smooth implementation of the program; 
24 
b) 
Organize the registration process for the program intake of registrants; 
25 
c) 
Process and evaluate information of registrants and select eligible 
26 
program beneficiaries; 
27 
d) 
Conduct job matching and referral; 
28 
e) 
Collect and review relevant financial and administrative documents and 
29 
reports as necessary for the processing of the training grants to the 
30 
JobStart trainees as well as the administrative fee provided to the 
31 
establishment; 
32 
f) 
Maintain a complete profile and record of transactions of program 
33 
participants and establishments; and 
34 
g) 
Submit a monthly program monitoring report to the DOLE, copy furnished 
35 
the concerned DOLE regional and field offices, and the office of the local 
36 
chief executive. 
37 
38 
SEC. 18. Role of DOLE. - The DOLE shall be the executing agency of the 
39 
JobStart Philippines Program .The Bureau of Local Employment shall serve as the 
40 
program manager that shall provide the necessary technical and administrative 
41 
assistance to concerned regional and field Offices, and PESOs. The regional and 
42 
field offices shall supervise and monitor the implementation of the JobStart activities 
43 
in their respective jurisdiction. The DOLE shall conduct capacity-building activities to 
44 
train the PESOs in adopting the new model on employment facilitation services, 
45 
particularly on career coaching and life skills. 
46 
7 


1 
SEC. 19. Role of the JobStart Unit. - The DOLE shall establish a JobStart 
2 
unit at the Bureau of Local Employment and in every DOLE regional office. The 
3 
JobStart unit shall provide the establishment the training costs, trainees' stipends 
4 
and allowances, administrative costs, or other fees, if any, as specified under a 
5 
memorandum of agreement between the DOLE and the establishment. 
6 
7 
SEC. 20. Enhancement of Labor Market Information System (LMIS). - To 
8 
develop local LMIS, participating PESOs shall make use of the Client Tracking 
9 
System (CTS) to manage records of JobStart trainees, establishments, and PESO 
10 
transactions. The DOLE's Skills Registry System shall be re-designed to capture the 
11 
data storage and system requirements of the JobStart's CTS. The PESO LMI staff 
12 
shall be trained in the use of the CTS and job matching. 
13 
14 
The DOLE regional and field offices and the Bureau of Local Employment 
15 
shall establish the necessary information technology infrastructure and system to 
16 
improve the collection, processing, analysis, report development, and dissemination 
17 
of PESO statistics and other LMI. Towards this end, labor market analysts shall be 
18 
hired by the DOLE and the Bureau of Local Employment to provide technical 
19 
assistance in maintaining the LMIS at all levels. 
20 
21 
SEC. 21. Oversight Committee. - An Oversight Comm ittee shall oversee the 
22 
implementation of the JobStart Philippines Program. The Committee shall be chaired 
23 
by the DOLE. The Committee shall be composed of representatives from the 
24 
Department of Interior and Local Government (DILG), Department of Social Welfare 
25 
and Development (DSWD), TESDA, and representatives from the youth, employer, 
26 
and labor sectors. A report shall be transm itted to both Houses of Congress through 
27 
the Secretary of Labor and Employment. 
28 
29 
SEC. 22. Appropriations. - The supplemental budget in the amount of One 
30 
Hundred Fifty Million Pesos (PhP150,000,000.00) is allocated to the DOLE's regular 
31 
budget for the current fiscal year. Thereafter, such sums as may be necessary for 
32 
the continued implementation of this Act shall be included in the General 
33 
Appropriations Act. 
34 
35 
SEC. 23. Implementing Rules and Regulations. - Within ninety (90) days 
36 
from the effectivity of this Act, the Secretary of Labor and Employment, in 
37 
coordination with concerned agencies, shall formulate the necessary rules and 
38 
regulations to implement the provisions of this Act. 
39 
40 
SEC. 24. Separability Clause. - If any provision of this Act is held invalid or 
41 
unconstitutional, the same shall not affect the validity and effectivity of the other 
42 
provisions hereof. 
43 
SEC. 25. Repealing Clause. - All laws, decrees, executive orders and rules 
44 
and regulations contrary to or inconsistent with the provisions of this Act are hereby 
45 
repealed or modified accordingly 
8 


"¢-
'l" 
1 
SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days from the 
2 
date of its publication in the Official Gazette or in a newspaper of general circulation. 
Approved, 
9