Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

2555

HOUSE BILL NO.

Authored, by HON. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

The Constitution,Article 13, section 3 provides:

“The state shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.”

Unemployment and Underemployment are constant problems of the
Philippine government. News reports of banks, corporation and small and
medium scale business forced to close down abound.

Those who are previously employed may suddenly find themselves
jobless, while those who have never been employed might have less chances
of being hired because of the increased competition. This trend absolutely
places the mature and older workers at a disadvantage.

Hence, it is the purpose of this bill to establish programs to prepare
mature or older workers for participation in the labor force by increasing
occupational and educational skills resulting in improved long-term
employability, and increased employment and earnings.

In view of the above, the early approval of this bill is earnestly
solicited.

sy i"

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2555

Authored by HON. JOSEPH VICTOR G. EJERCITO

AN ACT
TO ESTABLISH 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. Definition 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,

SEC. 3. Definition of Terms - As used in this Act, the term:

(A) The term “Basic Skills Deficient” means , with respect
to an individual, that the
Individual has English reading or computing skills at or below the
8" grade level on a generally accepted standardized test or a
comparable score on a criterion-referenced test;

(B) The term “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.
(©) The term “Educational Agency” means —
1) a public local school authority having administrative control
of elementary, middle or secondary schools or providing adult

education;

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) The term “Mature or Older Worker” means an individual
who is 40 years of age .
or older.
(E) The term “Participant” means an individual who has been

determined to be
eligible to participate in the program;

(F) The term “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 equivalently for such a diploma;
and
(G) The term “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:

1) Individuals whose income is not excess of the poverty line;

2) Individuals who are eligible for housing assistance; or

3) Individuals who are included in two (2) or more of the following
categories:
a) Individuals who are unemployed 15 of the past 26 weeks;
b) Individuals who are unemployed 30 of the past 52 weeks;
c) Individuals who are working 20 or fewer hours a weeks;
d) Individuals who are displaced homemakers;
@) Individuals who are homeless;
f) Individuals who have finished less than 10 years of school;
g) Individuals who are deficient in basic skills;
h) Individuals who have been notified that the jobs of such;
i) Individuals will be terminated within the next 60 days; or
j) Individuals who live alone.

SEC. 5.- Program Design - (a) IN GENERAL —
(1) PROGRAM REQUIREMENTS - Each program assisted under



(A) 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 nontraditional employment) and

supportive service needs, except that anew 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;

(B) development of service strategies that shall identify
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;

(C) a review of the progress of each participant in
meeting the objectives of
The service strategy; and

(D) basic skills training and occupational skills training if
the assessments and
the strategy indicate such training is appropriate.
(2) ADDITIONAL REQUIREMENTS —

(A) 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 —

(i) 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

(ii) 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.

(B) APPLICANTS NOT MEETING ENROLLMENT
REQUIREMENTS —

(i) 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;

(ii) SERVICE DELIVERY AREA - The service delivery
area shall ensure that appropriate referrals are made
under clause (i) and shall maintain records on the
referral and the reasons for which applicants are
referred.

(C) AUTHORIZED SERVICES - One or more of the following
training or supportive services shall be made available to each
Participation under this part:

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

(D) 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,