SEVENTEENTH (17TH) CONGRESS
‘Second Regular Session

Howse Bill No.9923

Introduced by: Rep. Bernadette Herrera-Dy

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

EXPLANATORY NOTE

In the country, the pursuit for relevant, accessible, equal and cost efficient technical
educational and skills training has always been a challenge for individuals who are below the
poverty threshold. The need for innovative and effective approaches in reaching out to and
creating meaningful access for financially disabled enrollees has never before been so evident as
it is today,

This bill, to be known as the "Tulong-Trabaho Act of 2016," seeks to strengthen and
democratize access to technical and vocational training in the country. It aims to level the
playing field by providing financial assistance to qualified but financially disabled enrollees in
technical and vocational courses. Qualified enrollees may utilize the financial assistance for
transportation expenses, laboratory fees, and training fees, with the school-based, center-based,
community-based, or enterprise-based programs of TESDA. The bill will also set lasting standards
that will further enhance existing technical education and training.

With the foregoing approach, the country’s state of technical education and training will
have the support system that will ensure accessibility, development, sustainability, and


This bill builds upon and borrows from Senate Bill No. 1318 filed before the Senate of the
Philippines in the 17" Congress.

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


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH (17TH) CONGRESS
Second Regular Session

House Bill No.9 923

Introduced by: Rep. Bernadette Herrera-Dy

“AN ACT INSTITUTING A PHILIPPINE LABOR FORCE COMPETENCIES
COMPETITIVENESS PROGRAM, AND ESTABLISHING FREE ACCESS TO.
TECHNICAL AND VOCATIONAL TRAINING PROGRAMS”

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

ARTICLEL
GENERAL PROVISIONS

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

SECTION 2. Declaration of Policy- Article Il, Section 9 of the Philippine
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.

Article XIV, Section 4 of the Philippine Constitution encourages non-informal and
indigenous leaning systems, as well as self-leaming, independent, and out-of-school study
programs, particularly those that respond to community needs.


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SECTION 3. Objectives - The objectives of this Act are as follows:

1. To strengthen the qualifications of the Filipino workforce to better meet the
challenges of rapidly evolving workplaces and work structures:

2. To provide for more innovative approaches to education and training linked to
the requirement of industry;
3. To facilitate and enhance access to quality technical education and training: and

4, To encourage the participation of industry and communities in competencies formation
and upgrading for the attainment of a more competitive Filipino workforce.

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

1. “Competency” - The application of knowledge, skills, and attitude required to
complete a work activity in a range of context andenvironment under the standard
expected in the workplace.

2. “Competency-based learning system” - A system by which the learner is trained
on the basis of demonstrated ability rather than on that of elapsed time.

3.“Direct raining expenses” - tem of costs that are specifically traced to, or caused
by, the training. Items include consumables used in the course of the program,
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4.“Employed workers"~ Includes all those who, during the reference period, are
fifteen (15) years old and aver and are reported to be either:

a. At work - those who do any work even for one hour during the reference
period for pay or who work Without pay on the farm or business enterprise
‘operated by a member of the same family or related by blood, marriage or
adoption, or;

b. With a job but not at work - those who are employed or engaged in a
business but are not at work, for temporary causes such as temporary illness,
injury, vacation, or for similar reasons.

Likewise, persons who expect to return to or to commence the operation
of a farm or business enterprise within two weeks from the date of the
‘enumerator’s visit, are considered employed.

5. "Formal education” - Learning acquired from structured educational programs in
schools, colleges and universities.

6. “Informal Education” - Learning acquired from regular activities related to work,
home, community, and leisure, and is not programmed nor structured for learning
purposes but can be measured in an assessment based on national competency
standards.


7.*Non-formal education” - Learning acquired from planned activities not explicitly
recognized as educational programs in terms of traditional input measures but is
intended to result in measurable learning outcomes.

8. “Technical Vocational Education and Training (TVET) - The education or training
process which involves, in addition to general education, the study of
lechnologies and related sciences, and the acquisition of practical skills relating
to occupations in various sectors of economic and social life. This process
comprises formal (organized programs as part of the school system) and non-
formal (organized classes outside the school system) approaches.

ARTICLE I
THE TULONG-TRABAHO FUND

SECTION 5. Tulong-Trabaho Fund - The Technical Education and Skills
Development Authority (TESDA) will establish the Tulong-Trabaho Fund as a means to
provide qualified recipients with meaningful access to select TESDA 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. The government shall provide in the General Appropriations Act of every
year sufficient finds for free technical education and training. The appropriation shall be
used in order to allocate funds for qualified applicants to enable training for qualifications in key
‘employment generating sectors. The Tulong-Trabaho Fund shall be included as an
appropriation in the General Appropriations Act.

SECTION 6. Scope of Financial Assistance~The Tulong-Trabaho Fund will include
the provision of training fees to certain school-based programs, center-based programs,
community-based programs and enterprise-based programs of TESDA, which programs shall
be determined by the TESDA Board for inclusion in a program list as provided for in this Act.
The provision of additional financial assistance to recipients will also be considered, based
on the final determination of the Tulong-Tmbabo Board as provided in Article II.

SECTION 7. Qualified Recipients - Priority access to the Tulong-Trabaho Fund will
be made available to the following qualified recipients:

1, Unemployed Filipinos who are eighteen (18) years old and above;

2. Outof-school youth who are above sixteen (16) years old but below eighteen (18)
years old who have not enrolled in a public or private school for at least a year
prior to their application to access to the Fund;

3. High school graduates;
4. College students who have completed at least one (1) semester in college, and


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5. Employed workers, as defined in this Act, who intend to develop and expand
their current skills and training.

ARTICLE IL
THE TULONG-TRABAHO BOARD

SECTION 8. Composition of the Tulong-Trababo Board - The Tulong-Trabaho
Board will be comprised of the following members of the TESDA Board, as ex-officio
members:
1, The Secretary of the Department of Labor and Employment;

2. Secretary of Education,

3. Secretary of Trade and Industry,

4. Secretary of Agriculture,

5. Secretary of Interior and Local Government, and

6. The Chairperson of the Commission on Higher Education.

The Secretary of Labor and Employment shall serve as the ex-officio chairman of
the Tulong-Trabaho Board. The Secretary of Labor and Employment is mandated to convene
the board quarterly, or as often as necessary, to carry out the duties provided for in Section
9 of this Act. The other members of the Tulong-Trabaho Board will include:

1. The Director General of the National Economic Development Authority,

2. Two (2) private sector industry representatives, and

3. Two (2) representatives of labor and organized unions.

The representatives of the private sector and the labor sector will be appointed by
the President.

SECTION 9. Duties and Functions of the Tulong-Trabaho Board - The Tulong-
‘Trabaho Board shall exercise the following duties and functions:

1, Approve the final list of Selected Training Programs (STPs) that will be given
funding by the Tulong-Tmbaho Fund, based on the initial recommendation of the
TESDA Secretariat and the TESDA Director General;

2. Release a list of available STPs within two (2) months after the signing of this
bill imo Iaw, regardless of the status of any implementing rules and regulations, to be
updated accordingly in accordance with the provisions of this Act;


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3. Determine the final list of qualified applicants and recipients of the Tulong-
Trabaho Fund;

4. Decide on the provision of additional allocation for financial assistance in
addition to the payment of training fees;

5. Conduct a periodical review of the programs that will be made available through
the Tulong-Trabaho Fund, through quantitative job market studies and data provided
by the training centers, among other sources;

6. Decide on the financial management and disbursement of the Tulong-Trababo Fund;

7. Coordinate with the TESDA Director General for the execution of actions and
decisions regarding the financial management and disbursement of the Tulong-Trabaho
Pund;

8. Receive donations from both government and non-government organizations to be
used strictly for the beneficiaries and qualified applicants of the Tulong-Trabaho
Fund and for no other purpose;

9. Release an annual report to the public on the management of the Tulong-Trabaho
Fund, including revenue received from the General Appropriations Act and
donations, expenditures, performance of the recipients of the fund, and other pertinent
information; and

10. Exercise all other duties and functions related to the determination of policy
directives, implementation, and execution of the Tulong-Trabaho Fund.

SECTION 10. Criteria of Selected Training Programs (STPs) - The Selected Training
Programs (STPs) that will be made available for financial assistance through the fund will
be determined through the application of the following criteria:

1. The latest issuances of Labor Market Intelligence Reports;

2. Quantitative data on employment opportunities to be provided by the Department
of Labor and Employment; and

3. Quantitative data on jobs and skills matching. as determined by TESDA.

SECTION 11. Submission of Potential Recipients - The beads of admission of all
school-based programs, center-based programs, community-based programs and enterprise-
based programs shall submit a list of qualified trainees of their respective programs who
have applied to avail of the Tulong-Trabaho Fund to the Tulong-Trabaho Board through the
TESDA-Director General and who have been screened by such heads following the parameters
and provisions of this Act applicable to qualified recipients. The list of qualified recipients will
be released periodically, depending on the availability of the STPs and the available
allocation of the Tulong-Trabaho Fund.


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SECTION 12. Evaluation of Assistance Given to Schools and Training Centers -
Schools and training centers which receive the Tulong-Trabaho Fund and which implement
its allocation to qualified applicants shall be evalumted quarterly by the Tulong-Tmbabo
Board. The training schools and centers are required to ensure that at least 70% of the
beneficiaries of the Tulong-Trababo Fund who receive the financial assistance will pass the
TESDA qualification examination. The Tulong-Trabaho Board has the discretion to provide
other criteria and standards to determine whether the school or center should continue to
receive financial assistance through the Tulong-Trabaho Fund.

SECTION 13. Public Online Registry - TESDA shall create a registry of schools
and training centers where the financial assistance of the Tulong-Trababo Fund will be
allocated, as well as a database of qualified recipients of financial assistance and graduates
of STPs. The registry and database must be accessible through the use of the Internet or
other online systems.

ARTICLE IV
DEVELOPMENT MODALITIES AND SUPPORT SYSTEMS

SECTION 14, Primary Duty of TESDA -TESDA, pursuant to Republic Act No. 7796,
shall design and implement support systems that are necessary to achieve the objectives
of this Act, particularly, the development of additional TVETs and the improvement of
existing TVETs.

SECTION 15. Support Systems for the Development of a Competitive Filipino
Workforce - A TVET, to be relevant to changing demands, must be based on developing
competencies and focused on learning outcomes. Competency-based training allows for
flexibility and facility for adaptation of programs in short periods of time and through modular
arrangements. Competency-based training includes developing the potential entrants’ skills and
capacities, as well as upgrading competencies of employed workers.

|. Entrants’ Preparation and Development

4. Appropriate Standards - Competency standards, development of curricula,
and necessary training designs shall be established in order to align
technical education and training programs that are necessary to meet the
needs of industry and to ensure meaningful access to the Philippine job
market.

b. General planning - Vocational guidance and career planning shall include,
but shall not be limited to, the technical vocational and livelihood (TVL)
exploratory program in basic education and the Public Employment Service

Officer (PESO) career advocacy program of DOLE.


c. Establishment of Trainors' Training and Certification - TESDA
shall establish the Trainors’ Training and Certification to ensure the
qualification of trainors in pursuance of the objectives of this Act.

d. Competency Assessment and  Certification- TESDA shall develop a
mechanism to enable employers to easily recognize the competencies of a
Job applicant.

e. Quality Assurance System - TESDA shall develop a quality assurance
system that will be used to establish quantitative and qualitative standards,
in order to provide credibility to the qualifications issued to graduates
of programs and certificate holders.

2. Upgrading Competencies of Employed Workers.

a. Modalities and Programs for Employed Workers. -TESDA shall be tasked
with developing modalities of learning acquisition, in recognition of the
circumstances of full time and part time workers in urban and rural areas
and in various industries with varying work schemes and practices.
Modalities shall include formal, non-formal and informal learning modes.

b, Learning modules accumulation system - TESDA shall develop new leaming
modules to allow workers to achieve competencies in modules and bundle
the modules into certifiable qualifications.

c. Industry Participation and Incentives- Industry participation and incentives
must recognize that technical education and training in the workplace is an
effective mode of skills acquisition and values formation. Collaboration between
the private sector and TESDA shall be encouraged in order to enhance
workers’ capacities.

d. Engagement of Local Government - Commnunity participation of local
government units. specifically the Public Employment Service Offices
(PESO), shall be encouraged in recognition of the mandate and functions
of PESOs.

ARTICLE V
MISCELLANEOUS PROVISIONS

SECTION 16. Oversight Committee - A joint oversight committee comprised of
the chairpersons of the Committee on Labor of both Houses shall be convened in order
to review, among others, the list of the STPs, the management of the Tulong-Trabaho
Fund, the performance of the qualified recipients, and the progress of development
modalities and support systems.


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SECTION 17. 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 18. 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 19. Effectivity Clause - This Act shall tke effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,