Implementing Rules and Regulations of RA 9547, Amending RA 7323 (Special Program for the Employment of Students)

February 11, 2010

JOINT MEMORANDUM CIRCULAR DOLE-DEPED-CHED-DSWD-DBM-DOF NO. 001-10

 

Pursuant thereto and by authority granted to the Secretary of Labor and Employment, Secretary of Education, Chairman of the Commission on Higher Education, Secretary of Budget and Management, Secretary of Social Welfare and Development, and Secretary of Finance under Section 3 of RA 9547, amending RA 7323, the following rules and regulations are hereby promulgated and issued for the guidance of all concerned. HcSDIE

RULE I

Preliminary Provisions

SECTION 1. Title. —

This issuance shall be known as the Implementing Rules and Regulations of RA 9547 entitled "An Act Strengthening and Expanding the Coverage of the Special Program for Employment of Students, Amending for the Purpose Provisions of RA 7323, otherwise known as the Special Program for Employment of Students."

SECTION 2. Construction. —

These rules and regulations shall be liberally construed to carry out the objectives of RA 9547.

SECTION 3. Definition of Terms. —

As used in this Rules and Regulations:

(a) "Act" refers to RA 9547 amending RA 7323.

(b) "DOLE" refers to the Department of Labor and Employment.

(c) "DepEd" refers to the Department of Education.

(d) "DOF" refers to the Department of Finance.

(e) "DBM" refers to the Department of Budget and Management.

(f) "DSWD" refers to the Department of Social Welfare and Development.

(g) "CHED" refers to the Commission on Higher Education.

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

(i) "SPES" refers to the Special Program for Employment of Students which aims to assist poor but deserving students find employment during summer and/or Christmas vacations for secondary level and throughout the year for tertiary and technical or vocational levels.

(j) "SPES Babies" refer to student beneficiaries who are enrolled in the program for a minimum of two years or until they earn a college or vocational degree.

(k) "Employer" refers to any person, natural or juridical, employing at least ten (10) persons.

(l) "Student" refers to any person between 15 to 25 years old who are enrolled or out-of-school youth (OSY), intending to enroll in any secondary, tertiary, technical or vocational education institution.

(m) "PESO" refers to Public Employment Service Office, a non-fee charging multi-employment service facility or entity established, recognized or accredited pursuant to RA 8759 and its implementing rules and regulations.

(n) "Education Voucher" refers to any financial instrument used by DOLE to pay the forty percent (40%) subsidy to student beneficiaries.

RULE II

Coverage

SECTION 1. These rules shall apply to:

(a) Poor but deserving students who are between 15 to 25 years old who are enrolled or OSY intending to enroll in any secondary, tertiary, technical or vocational education institution; and AECacS

(b) Participating employers or persons employing at least ten (10) persons. For this purpose, employed persons refer to all regular, seasonal, temporary, casual and workers under job contracting arrangements. Participating employers shall include private establishments, national government agencies, local government units, government-owned or controlled corporations, educational institutions, labor unions and other similar organizations and associations.

RULE III

Eligibility and Requirements for Employment

SECTION 1. Qualifications. —

Any student may apply for employment under the SPES, provided he/she meets the following qualifications:

(a) At least 15 years of age but not more than 25 years old;

(b) The combined net income after tax of parents, including his/her income, if any, does not exceed the latest annual regional poverty threshold level for a family of six (6) as determined and provided by the National Economic and Development Authority (NEDA); and

(c) At least got an average passing grade during the last school/term attended.

SECTION 2. Dependents of Displaced or Would-Be Displaced Workers. —

Any dependent of displaced or about to be displaced workers due to business closures or work stoppages as reported to DOLE, may also apply under the SPES provided he/she meets the qualifications required in subsections a and c of the preceding section.

SECTION 3. Requirements for Employment. —

In support of his/her qualifications, the following documents shall be submitted by the student:

(a) Duly accomplished SPES Application Form (SPES Form 1);

(b) Copy of birth certificate or any document that shows his/her date of birth;

(c) Certification by the School Registrar as to (1) his/her last enrollment, and (2) his/her average passing grade or a copy of the original class card or Form 138; SIaHTD

(d) Copy of the latest income tax return (ITR) of his/her parents or certification issued by BIR that the parents are exempted from payment of tax; and

(e) For OSY, certificate of good moral character issued by the authorized barangay official where the OSY resides.

SECTION 4. Filing of Application. —

Any student may file application at the PESO having jurisdiction over his/her residence. The PESO staff shall not accept incomplete documentary requirements.

SECTION 5. Processing of Application. —

The student shall apply in person and submit himself/herself to a preliminary interview and screening at the PESO. The student's qualifications are then matched with the requirements of vacancies of participating employers. If the student is qualified to a vacancy, he/she is referred for consideration by the employer. In case the student is not hired, he/she may inform the PESO for referral to other participating employers.

RULE IV

Terms and Conditions in the Employment of Students

SECTION 1. Contract of Employment. —

The employment of students under the SPES shall be covered by an Employment Contract between the employer and the student.

SECTION 2. Period of Employment. —

The period of employment under the SPES shall be governed by the following:

(a) For Secondary level, employment shall only be during summer and/or Christmas vacations. During summer implementation, the number of days shall neither be less than twenty (20) working days nor more than fifty-two (52) working days.

 For Christmas implementation, the number of days shall neither be less than ten (10) working days nor more than fifteen (15) working days. EaHDcS

(b) For Tertiary, Technical or Vocational Education level, employment shall be at any time of the year but in no case be less than twenty (20) working days or more than fifty-two (52) working days within a period of one year.

(c) In all cases, employment should not exceed 52 working days within a period of one year.

SECTION 3. Payment of Salary or Wage. —

The student shall be paid the salary or wage not lower than the applicable minimum wage for private employers or the applicable hiring rate for the national or local government agencies. The sixty percent (60%) of his/her salary or wage shall be paid by the employer in cash, while the remaining forty percent (40%) of the applicable minimum wage or hiring rate shall be paid by the DOLE.

SECTION 4. Full Payment of Salary or Wage by LGU. —

The LGU may assume responsibility of paying in full the wage or salary of the student, provided that prior to implementation, said LGU informs the DOLE Regional Office in writing that it shall pay the full wage or salary of the student.

SECTION 5. Entitlement to Other Benefits and Incentives. —

The student shall be entitled to other benefits and incentives, as provided under existing laws and rules.

SECTION 6. Non-Transferability of Education Voucher. —

The education voucher shall not be transferred except in the following cases:

(a) Death of the payee. In this case, the education voucher/equivalent cash can be transferred to his brothers or sisters or other legitimate heirs; or

(b) When the student stops in his studies due to prolonged illness, incapacity, economic necessity and similar causes. In this case, the education voucher/equivalent cash may be transferred to his brothers or sisters or other legitimate heirs, as applicable.

SECTION 7. Duties and Responsibilities of Employer. —

Any private establishment or other employers who intend to participate in the SPES shall be required to submit their pledges containing the number of vacancies, including the qualification requirements to the DOLE through the PESO having jurisdiction over them. IDSaEA

In addition to other applicable labor rules and regulations, the employer shall:

(a) Pay the student in cash at least sixty per cent (60%) of his/her salary and full payment of other applicable monetary benefits and incentives;

(b) Pay the full applicable salary or wage for overtime work rendered by the student;

(c) Ensure that the student shall not be exposed to hazardous undertakings as specified under the Anti Child Labor Law and its implementing rules and regulations;

(d) Ensure that the employment of women and young workers shall be in accordance with the Labor Code and its implementing rules and regulations; and

(e) Submit to the PESO not later than five (5) working days after the duration of employment the Establishment Report Form (SPES Form 2) indicating the following: number of students hired, nature of work, occupation of the student, inclusive dates of employment, the wage rate and the total salary or wage paid to the student, number of days worked and other pertinent information.

SECTION 8. Duties and Responsibilities of Student. —

The student shall have the following duties and responsibilities:

(a) To report for work based on the schedule indicated in the employment contract;

(b) To perform tasks and activities assigned by the employer;

(c) To adhere to the rules and regulations of the employer; and

(d) To use the education voucher for the purpose intended in the Act. 

RULE V

Administration of SPES

SECTION 1. Oversight Committee. —

An Oversight Committee is hereby created composed of representatives from DOLE, DepEd, DSWD, DBM, DOF and CHED composed of permanent and alternate representatives not lower than Director level, to be designated by their respective Heads of Agency. The Secretary of DOLE shall be the Chairperson of the Oversight Committee. The committee shall meet at least once a year to discuss policy and operational concerns of SPES. SHTaID

SECTION 2. Role of DOLE. —

The DOLE shall serve as the Program Manager of the SPES. It shall provide the necessary technical and administrative assistance to its Regional and Field Offices.

The Regional and Field Offices shall:

(a) Ensure the equitable allocation of SPES fund among the participating private and public employers;

(b) Supervise the SPES activities of the PESO;

(c) Pay forty percent (40%) of the applicable salary or wage of student in the form of an education voucher within three (3) working days upon receipt of the validated Establishment Report Form (SPES Form 2) from the PESO;

(d) Maintain a complete record of student beneficiaries and participating employers, and submit a SPES Monitoring Report to DOLE Central Office, one month after each semester;

(e) Consolidate report on 'SPES Babies' (SPES Form 4) and submit to DOLE Central Office within thirty (30) days after the end of each semester; and

(f) Remit to the Government Service Insurance System (GSIS) the insurance premium of the student.

SECTION 3. Role of PESO. —

The PESO shall serve as the frontline implementer of the SPES. Specifically it shall:

(a) Ensure the equitable allocation of SPES fund among the participating private and public employers in its areas of jurisdiction; CAScIH

(b) Conduct advocacy activities and/or pledging sessions to as many prospective private employers that can be accommodated by the allocated SPES fund;

(c) Accept only applications with complete documentary requirements of students;

(d) Validate with DOLE Regional/Field Office if the name of the parent of the student is included in the Report of Establishment Closures, in the case of dependent of displaced or would-be displaced workers;

(e) Process and evaluate application of student for matching and referral;

(f) Receive, validate and submit to DOLE Regional/Field Office all Establishment Report Forms (SPES Form 2) of participating employers for processing of the education voucher within three (3) working days after receipt;

(g) Maintain complete record of student beneficiaries and participating employers, and submit SPES Monitoring Report to DOLE Regional/Field Office within fifteen (15) days after the end of each semester;

(h) Monitor 'SPES Babies' and submit report (SPES Form 3) to DOLE Regional/Field Office within fifteen (15) days after the end of each semester; and

(i) Procure the execution of Employment Contract.

SECTION 4. Role of TESDA. —

The TESDA shall be responsible in promoting the SPES to students and administrators of Technical Vocational Education and Training (TVET) institutions. It shall also determine the appropriate certificate of competencies (COCs) earned by the students. It shall designate an officer or agency who shall perform said functions. aDTSHc

SECTION 5. Role of DepEd. —

The DepEd shall be responsible in promoting the SPES among students and administrators of all secondary education institutions. It shall designate a focal officer or agency who shall perform said function.

SECTION 6. Role of CHED. —

The CHED shall be responsible in promoting the SPES among students and administrators of tertiary education institutions. It shall also determine the appropriate creditable units earned by the student. It shall designate a focal officer or agency who shall perform said functions.

SECTION 7. Role of DSWD. —

The DSWD shall be responsible in promoting the SPES among the less privileged and identified poor communities in the priority provinces in partnership with the LGUs. It shall designate an officer or agency who shall perform said function.

SECTION 8. Role of DBM. —

The DBM shall ensure that the SPES fund, which is increased by at least twenty percent (20%) annually subject to the availability of funds, shall be released regularly. The concerned Budget and Management Bureau (BMB) under the DBM shall perform said function.

SECTION 9. Role of DOF. —

The DOF shall designate a focal officer or agency to administer the financial requirements of SPES. It shall ensure that the accredited drawing banking institutions shall provide prompt service to the beneficiaries.

RULE VI

Special Provisions

SECTION 1. Non-Replacement of Regular Employee. —

Nothing in these rules shall be construed to justify the termination of services or the diminution of benefits of regular employees to accommodate the student. aTcIEH

SECTION 2. Probationary Period. —

The number of days rendered by the student to the company may be counted as part of the probationary period should the student be hired in the same company after graduation.

SECTION 3. Academic Units Equivalency/TVET Qualification. —

If the work of the student is related to his/her course, he/she may earn equivalent academic credits to be determined by CHED.

For the TVET level, if the work of the student is related to his/her course, he/she may undergo appropriate competency assessment and may be granted the COC, upon passing the assessment.

RULE VII

Penal Provisions

Filing of Fraudulent or Fictitious Claims

Any person or entity who shall make any fraudulent or fictitious claim under these Rules, regardless of whether payment has been made, shall upon conviction be punished with imprisonment of not less than six months and not more than one year and a fine of not less than ten thousand pesos (P10,000.00). This is without prejudice to their prosecution and punishment for any other offense punishable under the Revised Penal Code or any other penal statute.

In case of partnerships or corporations, the managing partner, general manager, or chief executive officer, as the case may be, shall be criminally liable.

RULE VIII

Repealing Clause

All rules and regulations, memoranda, systems and procedures or parts thereof inconsistent with the provisions of these rules and regulations are hereby repealed, amended, or modified accordingly.

RULE IX

Separability Clause

In case any provision of these rules and regulations or part thereof is declared invalid or unconstitutional, the remaining parts shall not be affected.

RULE X

Effectivity

These rules and regulations shall take effect after fifteen (15) days from the date of its publication in two (2) newspapers of general circulation. aTADCE

Signed this 11th day of February 2010 in Manila, Philippines.

(SGD.) MARIANITO D. ROQUESecretary, DOLE

(SGD.) MARGARITO B. TEVESSecretary, DOF

(SGD.) JESLI A. LAPUSSecretary, DepEd

(SGD.) CELIA C. YANGCOActing Secretary, DSWD

(SGD.) ROLANDO G. ANDAYA, JR.Secretary, DBM

(SGD.) EMMANUEL Y. ANGELESChairman, CHED

Published in The Philippine Star on August 10, 2010.