By: Atty. Gregorio B. Austral, CPA
The Enterprise-Based Education and Training Framework
The President recently signed Republic Act No. 12063, or the “Enterprise-Based Education and Training (EBET) Framework Act, ” into law. The EBET framework shall ensure the ease of implementation of training initiatives by enterprises and the access to training of individuals who intend to upgrade their skills for potential employment and career progression.
The Act has the following four-fold objectives:
(a) To provide Filipino workers with opportunities to gain new skills and competencies or to upskill for career advancement, allowing them to secure quality employment and/or obtain entrepreneurial know-how;
(b) To meet the demand of the labor market for human resources that are well-trained and adaptable to evolving skill and competency requirements in the rapidly changing world of work, in order to address jobs-skills mismatch and strengthen the development of higher levels of competencies;
(c) To engage the private sector as an indispensable partner in the development of modules and competency standards in technical-vocational education and training (TVET), and in carrying out EBET Programs; and
(d) To strengthen, rationalize, and harmonize programs, such as apprenticeship, learnership, and the dual training system, under the EBET framework, which shall be competency-based and industry-driven, with due regard to the rights, occupational safety, and health of trainees, through the active participation of employers, trainees, technical-vocational institutions (TVIs), and the government.
The Act shall apply to all EBET Programs, such as General EBET, Apprenticeship, and Upskilling programs, but excluding the following:
(a) Training programs administered by the Commission on Higher Education (CHED) and the Department of Education (DepEd): Provided, That a student enrolled in an educational institution, who is required to undertake an internship or immersion as part of an academic requirement, may participate in registered EBET Programs to fulfill such requirement: Provided, further, That the Technical Education and Skills Development Authority (TESDA) and the CHED or DepEd shall issue the necessary rules and regulations for this purpose;
(b) Training programs for regulated professions as provided by law: Provided, That such training programs may be registered as EBET Programs: Provided, further, That the EBET Program shall be aligned with the appropriate competencies that must be learned by the trainee: Provided, finally, That the TESDA, the CHED, and the Professional Regulation Commission (PRG) shall issue the necessary rules and regulations for this purpose; and CAIHTE
(c) Training programs implemented by government agencies, including those under the Department of Labor and Employment (DOLE).
For purposes of this Act, a trainee shall either be a new entrant to the labor force or an employed worker who opts to undergo training through an EBET Program to acquire new skills, upgrade skills, and/or obtain entrepreneurial know-how.
To participate in an EBET Program, a trainee shall:
(a) Except as provided under this Act, be at least fifteen (15) years old subject to the provisions of Presidential Decree No. 442 or the “Labor Code of the Philippines,” as amended, and the prohibition on the employment of minors and against the worst forms of child labor under Republic Act No. 7610 or the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” as amended by Republic Act No. 9231;
(b) Possess the appropriate aptitude and capacity to understand and follow oral and written instructions; and
(c) Submit a recent “fit-to-work certificate,” which shall be provided free of charge by a Department of Health (DOH)-recognized health clinic or licensed physician, if applying for an apprenticeship program. If this is not feasible, the firm or entity screening the applicant shall extend such service free of charge.
Notwithstanding the foregoing, enterprises may set appropriate educational requirements for a trainee to qualify for a certain EBET Program.
An enterprise may also require additional qualifications that shall be applicable to its employed workers who intend to upskill for job promotion. (Enterprise-Based Education and Training (EBET) Framework Act, Republic Act No. 12063, [November 7, 2024])