SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No. 6839

EXPLANATORY NOTE

Article 13, Section 3 of the 1987 Philippine Constitution 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 perennial problems of the
Philippine government. News reports of banks, corporations and small and
medium scale businesses forced to close down abound.

This trend undoubtedly places the mature and older workers at a
disadvantage. 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.

It is thus 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 foregoing, the early approval of this bill is earnestly
solicited.

i

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

6839

House Bill No.

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. - \t 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:

“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
@ 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
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) “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 equivalency 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:

(1) Individuals whose income is not in 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;

e) 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 individuals

will be terminated within the next 60 days; or

i) Individuals who live alone.

SEC 5. Program Design. -
(A) IN GENERAL -

(1) PROGRAM REQUIREMENTS - Each program assisted under this part
shall include —

IL 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 a new assessment of a participant is
not required if the program determines that a recent
assessment of the participant conducted under another
education or training program, is an appropriate
assessment;

WL 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 services 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 in an appropriate service strategy;

Mm a review of the progress of each participant in meeting
the objectives of the service strategy; and

WV. basic skills training and occupational skills training if the
assessment and the service strategy indicate such
training is appropriate

(2) ADDITIONAL REQUIREMENTS-

(a) MINIMUM INCOME OF 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 (I), (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 provider 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 applicant;

(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.

(B) AUTHORIZED SERVICES - One or more of the following trainings or
supportive services shall be made available to each participant 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;

(C) 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.
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.

2

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,