NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                           )
HOUSE OF REPRESENTATIVES
BATE:I
RECEIVED   '`
r!AT[:OCT   o  3  2o
TIME:ELEL
Introduced b
resentative Rufus a.
House Bill No.  53 96
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.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                           )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus B. Roclriguez                                  ___
House Bill No.  RES
AN ACT
TO ESTABLISH A JOB TRAINING PROGRAM FOR MATURE OR OLDER WORKERS
Be  it erl?ct_ed  by the  Senate and  House of Representatives of the  Philippines in  Congress
assembled:
SECTION  1.  Short  Ti.I/e.  -This Act shall  be  known  as the  "Mature and O/der Won*ers
Act,..
SEC  2.  Defini-fr.on of Po/i.ey.  -  lt 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. DefFni-fi.on of Terms. -As used in this Act, the term:
(A)                 "Basic  Skills   Deficient"  means,  with   respect  to  an   individual,   that  the
individual  has  English   reading  or  computing  skills  at  or  below  the  8th
grade  level  on  a  generally accepted  standardized  test or a  comparable
score on a criterion-referenced test;
(a)
"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.
SIC 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) lN GENERAL -
(1 ) PROGRAM REQUIREMENTS -Each program assisted under this part shall include -
I.                      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;
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;
a review of the progress of each participant in meeting the objectives
of the service strategy; and
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 -
(ii)
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;
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.
(8) 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  -ln  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.   Separabi-/i-fy   C/atise.   -   lf   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. Repea//'ng C/ause. - 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. Effect/-vi-fy C/ause. -This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.
Approved,