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Republic of the Philippines

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SEVENTEENTH CONGRESS nat: EAL
Second Regular Session Oe ppt
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House BiLLNo.__5889

Introduced by Representative Sherwin N. Tugna

AN ACT
INSTITUTING A PHILIPPINE LABOR FORCE COMPETENCIES
COMPETITIVENESS PROGRAM, ESTABLISHING FREE ACCESS TO
TECHNICAL AND VOCATIONAL TRAINING PROGRAMS AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

Section 3, Article XIII of the Philippine Constitution clearly provides that the
State shall ‘afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities
for alll,”

The proposed “Tulong-Trabaho Act of 2017" is a proposed legislative
measure which aims to provide more employment opportunities for Filipinos. This
proposed measure has two main objectives: 1) to democratize access to technical
and vocational training; and 2) to strengthen the existing programs to ensure gainful
employment. In order to achieve the above-mentioned objectives, the law will
guarantee that all qualified Filipinos will gain access to technical and vocational
training programs through the Technical Education and Skills Development Authority
through financial assistance to be allocated by the government. The government will
establish a Tulong-Trabaho Fund which will ensure financial assistance for the
qualified applicants. The law will also legislate the standards within which to further
enhance the existing technical vocational education and training of these programs.
This will concretize the support system to ensure the development of these programs
for long-term sustainability and productivity. With this two-fold approach, the
government serves as a bastion for empowering the ordinary Filipino to live a life of
dignity, hope and integrity.

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

win N. Tugna

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Republic of the Philippines.
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. __5889

Introduced by Representative Sherwin N. Tugna

AN ACT
INSTITUTING A PHILIPPINE LABOR FORCE COMPETENCIES
COMPETITIVENESS PROGRAM, ESTABLISHING FREE ACCESS TO
TECHNICAL AND VOCATIONAL TRAINING PROGRAMS AND FOR OTHER
PURPOSES

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

SECTION 1. Title. ~ This Act shall be known as the “Tulong-Trabaho Act of 2017."

SECTION 2. Declaration of Policy. — Section 9, Article II of the 1987 Constitution
provides that the State shall promote a just and dynamic social order that will ensure
the prosperity and independence of the nation, and free the people from poverty
through policies that provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all. For this purpose, the
Constitution encourages non-formal, informal and indigenous leaming systems, as
well as self-learning, independent, and out-of-school study programs, particularly
those that respond to community needs.

SECTION 3. Objectives. - The objectives of this Act shall be:

(a) To strengthen the qualifications of the Filipino workforce to meet the
challenges of the rapidly evolving workplaces and work structures;

(b) To provide for more innovative approaches to education and training linked to
the requirement of industry;

(c) To facilitate access to quality technical education and training; and

(d) To encourage the participation of industry and communities in competencies
formation and upgrading towards a more competitive Filipino workforce.


SECTION 4. Definition of Terms. — The following terms shall be used in this Act:

(a) Competency refers to the standard knowledge, skills, attitude, and values
required to complete a work activity in a particular job, trade, or occupation.

(b) Competency-based learning system refers to a system by which the leamer
is trained on the basis of demonstrated ability.

(c) Direct training expenses refers to item of costs that are specifically traced
to, or caused by the training, and includes consumables used in the course of
the program, training supplies, materials, utilities, venue and equipment,
trainers’ fees and other related expenditures.

(d) Formal education refers to the systematic and deliberate process of
hierarchically structured and sequential leaming corresponding to the general
concept of elementary and secondary level of schooling. At the end of each
level, the learner needs a certification in order to enter or advance to the next
level.

(e) Informal Education refers to a lifelong process of learning by which every
person acquires and accumulates knowledge, skills, attitudes and insights
from daily experiences at home, at work, at play and from life itself.

(f) Philippine TVET Competency Assessment and Certification System
refers to a quality-assured system in recognition of the attainment of
competencies (knowledge, skills, attitudes and values) as referred to the
competency standards set for middle-level occupation. It is the process of
determining the qualification level of a person and tool in identifying the
training needs of a person with competency gaps.

(g) Program refers to the Philippine Labor Force Competencies Competitiveness
Program established in accordance with this Act.

(h) TESDA refers to the Technical Education and Skills Development Authority.

(i) Technical Vocational Education and Training (TVET) - refers to the
education or training process involving general education, the study of
technologies and related sciences, acquisition of practical skills relating to
occupations in various sectors of economic and social life, and comprises
formal (organized programs as part of the school system) and non-formal
(organized classes outside the school system) approaches.

SECTION 5. Philippine Labor Force Competencies Competitiveness Program. —
There shall be established a Philippine Labor Force Competencies Competitiveness


Program in accordance with Section 17 of this Act, and which shall be funded
through the Tulong-Trabaho Fund created in accordance with Section of this Act.

ARTICLE Il
THE TULONG-TRABAHO FUND

SECTION 6. Tulong-Trabaho Fund. — There shall be established a Tulong-Trabaho
Fund that shall provide qualified recipients with access to TVET training programs
through the full payment of the selected programs’ training fees, as well as the
possibility of providing additional financial assistance such as transportation
allowance and laboratory fees, as needed.

SECTION 7. Funding. — The funds necessary for the implementation of this Act shall
be included in the General Appropriations Act, the appropriated amount shall be
sufficient for free technical education and training and shall be used to fund the
training of qualified applicants for qualifications in key employment generating
sectors.

SECTION 8. Scope of Financial Assistance. - The Tulong-Trabaho Fund shall be
used to pay the fees of qualified recipients in Selected Training Programs (STPs)
selected in accordance with Section 10 of this Act.

SECTION 9. Qualified Recipients. — Access to the Tulong-Trabaho Fund shall be
made available to (i) any person at least fifteen (15) years of age who are not
employed, not in education, and not in training ("NEET”), and (ii) employed workers,
who intend to develop and expand their current skills and training.

SECTION 10. Management of the Tulong-Trabaho Fund. — TESDA shall be primarily
responsible for managing the Tulong-Trabaho Fund. For this purpose, the TESDA
Board shall promulgate the policies and guidelines to implement the Program,

The TESDA Board shall also have the power to receive donations from both
government and non-government organizations to be used strictly and exclusively for
the beneficiaries and qualified applicants of the Tulong-Trabaho Fund.

SECTION 11. Determination of Selected Training Programs. - The TESDA Board
shall approve the final list of Selected Training Programs (STPs) eligible to receive
funding from the Tulong-Trabaho Fund based on the initial recommendation of the
TESDA Secretariat. STPs may be school-based, center-based, community-based or
enterprise-based programs and shall be determined based on the following
considerations:

(a) The latest issuances of Labor Market Intelligence Reports;

(b) Quantitative and qualitative data on jobs and skills matching, as determined
by the Department of Labor and Employment;

(c) Quantitative and qualitative data on jobs and skills matching, as determined
by TESDA;


(d) The Human Resource Development Roadmaps; and

(e) Other quantitative and qualitative studies to be determined necessary by the
TESDA Board in its selection of STPs,

Provided, that the TESDA Board may, in its discretion, adopt additional bases to
achieve the objectives of this Act.

The TESDA Board shall release the initial list of available STPs within two (2)
months from the effectivity of this Act, and shall update such list in accordance with
the provisions of this Act.

SECTION 12. Determination of Qualified Recipients. — The heads of entities seeking
funding for STPs shall submit a list of trainees who have requested assistance from
the Tulong-Trabaho Fund to the TESDA Regional Directors. The TESDA Regional
Directors shall assess the recipients and submit a list of qualified recipients to the
TESDA Director General for his/her approval.

The list of qualified recipients shall be periodically updated depending on the
availability of the Tulong-Trabaho Fund and the number of STPs.

SECTION 13. Evaluation of Assistance Given to Schools and Training Centers. —
The TESDA Board shall periodically evaluate schools and training centers that
receive funding from the Tulong-Trabaho Fund. These recipient-institutions shall
ensure that at least 70% of the beneficiaries of the Tulong-Trabaho Fund are able to
pass the Philippine TVET Competency Assessment and Certification System. Failure
to meet the passing rate shall subject the school or training center to performance
review and audit by the TESDA Board.

The TESDA Board shall have the discretion to provide other criteria and standards to
determine whether the school or center shall continue to receive financial assistance
the through the Tulong-Trabaho Fund.

SECTION 14. Public Online Registry. - TESDA shall create a registry of schools and
training centers that offers STPs, a database of qualified recipients of financial
assistance and a list of graduates of these programs. These lists shall be accessible
through the website of the TESDA.

SECTION 15. Evaluation. — The TESDA Board shall release an annual report to be
made available to the public on the management of the Tulong-Trabaho Fund,
including the appropriations from the General Appropriations Act, donations from
private and other organizations, expenditures, performance of the qualified recipients
and other pertinent information as may be necessary in accordance with the principle
of fair and full disclosure.


ARTICLE Ill
DEVELOPMENT MODALITIES AND SUPPORT SYSTEMS

SECTION 16. Primary Duty of TESDA. — TESDA shall design and implement the
support systems necessary to achieve the objectives of this Act, particularly the
development of additional TVET programs and the improvement of existing TVET
programs.

SECTION 17. Support System for the Development of the Program. — Consistent
with the recognition that a TVET program must be based on developing
competencies and focused on leaming outcomes to be relevant to changing
demands, TESDA shall ensure that qualified recipients of the Tulong-Trabaho Fund
are appropriately trained and their competencies are regularly updated.

For this purpose, appropriate standards, proper planning, trainors’ training and
certification, competency assessment and certification and quality assurance system
shall be put in place to ensure that entrants’ to the Program shall be sufficiently
equipped, In addition, the development of modalities and programs for employed
workers and accumulation of new learning modules shall be undertaken to upgrade
competencies of employed workers.

The participation of industries and engagement of local governments shall also be
sought.

ARTICLE IV
MISCELLANEOUS PROVISIONS

SECTION 18. Oversight Committee. — A joint oversight committee, composed of the

of the Committee on Labor of the Senate and the House of

tives, shall be convened in order to review, the performance of the
Tulong-Trabaho Fund.

SECTION 19. Implementing Rules and Regulations. — The TESDA shall, in
consultation with relevant stakeholders, issue the implementing rules and regulations
of this Cat within a period of ninety (90) days after the effectivity of this Act.

SECTION 20. 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 21. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to or inconsistent with, the provisions of this Act is hereby repealed, modified, or
amended accordingly.

SECTION 22. Effectivity Clause. — This Act shalll take effect fifteen (15) days after its
publication in at least two (2) newspapers: of general circulation.

Approved.