RULES AND
REGULATIONS
IMPLEMENTING Pursuant to
Section
36 of the TESDA Act of 1994, the TESDA Board
hereby
promulgates the Implementing Rules
and
Regulations of the Act, as follows: RULE I SECTION 1. Title. - These
Rules shall be known and cited as the Rules and Regulations Implementing the TESDA Act of 1994. SEC. 2. Declaration of Policy. - It is the declared policy of the State to provide relevant, accessible, high quality and efficient technical education and skills development in support of the development of high quality Filipino middle-level manpower responsive to and in accordance with Philippine development goals and priorities. Private Sector Participation. - The State shall encourage the active participation of various concerned sectors, particularly private enterprises, being direct participants in and immediate beneficiaries of a trained and skilled workforce, in providing technical education and skills development opportunities. SEC. 3. Statement of Goals and Objectives. - The goals and objectives of TESDA Act of 1994 (hereinafter cited as Act) are as follows: International
Competitiveness. - To promote and strengthen the quality of technical
education
and skills development programs to attain international
competitiveness; SEC. 1. Formulation of a Comprehensive Development Plan for Middle-Level Manpower. - The Technical Education and Skills Development Authority (TESDA) shall formulate a comprehensive development plan for middle-level manpower based on a national employment plan or policies for the optimum allocation, development and utilization of skilled workers for employment, entrepreneurship and technology development for economic and social growth, to be known as the National Technical Education and Skills Development Plan. SEC. 2. President's Approval. - This plan, after adoption by the TESDA Board, shall be updated periodically and submitted to the President of the Philippines for approval. Thereafter, it shall be the plan for technical education and skills development for the entire country within the framework of the National Development Plan. SEC. 3. Assistance of Private Sector and the Academe. - The TESDA Board shall direct the TESDA Secretariat to call on its member-agencies, the private sector and the academe to assist in the formulation of the plan. SEC. 4. Reformed Industry-Based Training Program. - The comprehensive plan shall provide for a reformed industry-based training program including apprenticeship, dual training system and other similar schemes intended to:
SEC. 5. Review and Endorsement of Agencies' Budgets. - All government and non-government agencies receiving financial and technical assistance from the government shall be required to formulate their respective annual agency technical education and skills development plans in line with the national technical education and skills development plan. The budget to support such plans shall be subject to review and endorsement to the Department of Budget and Management by the TESDA. SEC. 6. TESDA's Evaluation of Agencies' Programs. - The TESDA shall evaluate the efficiency and effectiveness of the agencies' skills development programs and schemes to make them conform withthe quantitative and qualitative objectives of the national technical education and skills development plan. SEC. 7. Submission of
Reports of TESDA. - In such form as the TESDA may prescribe, the
agencies
mentioned in Section 5 hereof shall submit reports on how they have
implemented
their technical education and skills development plans annually to the
TESDA or as often as it may require. SEC. 1. Creation of the Technical Education and Skills Development Authority. - To implement the policy declared in the Act, a Technical Education and Skills Development Authority is created, (hereinafter referred to as the Authority or TESDA). The Authority shall be composed of the TESDA Board as its governing body, and the TESDA Secretariat as its executive arm. The TESDA shall replace and absorb the National Manpower and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technical- vocational education in the regional offices of the Department of Education, Culture and Sports(DECS), and the apprenticeship program of the Bureau of Local Employment of the Department of Labor and Employment. SEC. 2. Composition of the TESDA Board.- The TESDA Board is composed of the following: The Secretary
of Labor and Employment Private sector representatives appointed by the President: Two (2)
representatives from the employer/industry organization, one of whom
shall
be a woman; SEC. 3. Term of Office. - As soon as all the members of the private sector are appointed, they shall so organize themselves that the term of office of one-third (1/3) of their number shall expire every year. The members from the private sector appointed thereafter to fill vacancies caused by expiration of terms shall hold office for three (3) years. SEC. 4. Change of Membership. - The President of the Philippines may revise the membership of the TESDA Board through an administrative order whenever the President deems it necessary for the effective performance of the Board's functions. SEC. 5. Meetings, Emoluments.- The TESDA Board shall meet at least twice a year, or as frequently as may be deemed necessary by its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall preside. In case any member of the Board representing the Government cannot attend the meeting, he or she shall be regularly represented by an undersecretary or deputy-director general, as the case may be, to be designated by such member for the purpose. The benefits, privileges and emoluments of the Board shall be consistent with existing laws and rules. SEC. 6. Functions and Powers of the Board. - Function. - The TESDA Board shall be primarily responsible for the
formulation
of continuing, coordinated and fully integrated technical education and
skills development policies, plans and programs taking into
consideration
the following: SEC. 1. TESDA Secretariat. - The TESDA Secretariat, created under Sec. 10 of the Act, is composed of the Offices mentioned in this Rule. SEC. 2. Functions and Responsibilities of the TESDA Secretariat. - The Secretariat shall have the following functions and responsibilities: To establish
and maintain a planning process and formulate a national technical
education
and skills development plan in consultation with the member agencies
and
other concerned of the TESDA at various levels; SEC. 3. Director-General.- The TESDA Secretariat shall be headed by a Director-General, who shall likewise be a member of the TESDA Board. The Director-General shall enjoy the benefits, privileges and emoluments equivalent to the rank of Undersecretary. As chief Executive Officer of the TESDA Secretariat, the Director-General shall exercise general supervision and control over its technical and administrative personnel. SEC. 4. Deputy Directors-General. - The Director-General shall be assisted by two (2) Deputy Directors-General, one to be responsible for Vocational and Technical Education and Training and one to be responsible for Policies and Planning. The Deputy Directors-General shall enjoy the benefits, privileges and emoluments equivalent to the rank of Assistant Secretary. SEC. 5. Chief of Services for Administration. - The Director-General shall also be assisted by a Chief of Services for Administration who shall be a Career Civil Service Official. SEC. 6. Appointment of TESDA Officials and Personnel. - The President shall appoint the Director-General, and the two Deputy Directors-General, upon recommendation of the TESDA Board. The President shall also appoint the heads of the regional offices. The Chief of Services for Administration shall be appointed by the TESDA Board. The Director-General shall appoint an Executive-Director for each of the Offices under the two Deputy Directors-General who shall have the rank and emoluments of Director IV. The Director-General shall also appoint such personnel as may be necessary to carry out the objectives, policies and functions of the TESDA subject to Civil Service laws, rules and regulations. SEC. 7. Compliance with the Salaries Standardization Law. - The composition and emoluments of the officials and employees of the TESDA shall be in accordance with the salary standardization law and other applicable laws under the national compensation and classification plan. SEC. 8. Continuous Assessment and Study. - The TESDA Secretariat shall conduct continuous assessment and study of the nature, behavior and the use of the country's stock of human resources and study areas directly or indirectly related to technical education and skills development. This, it shall do by: engaging
directly in studies, researches and surveys; and SEC. 9. Automatic Review;
Recommendations to the President and Congress. - Every five (5)
years, after the effectivity of
the Act, an independent review panel composed of three (3) persons
appointed
by the President shall review the performance of the TESDA and shall
make
recommendations based on its findings to the
President
and to both Houses of Congress. SEC. 10. The Planning Office (PO). - The PO shall: design
and establish planning processes and methodologies which will
particularly
enhance the efficiency of resource allocation decisions within the
technical
education and skills development sector; SEC. 11. Skills Standards and Certification Office (SSCO). - The SSCO shall: develop
and establish a national system of skills standardization, testing and
certification in the country; SEC. 12. National Institute for Technical Vocational Education and Training (NITVET). - The NITVET shall: serve
as the research and development arm of the government in the field of
technical-vocational
education and training; SEC. 13. Office of Formal Technical Vocational Education and Training (OFTVET). - The OFTVET shall: provide
policies, measures and guidelines for effective and efficient
administration
of formal technical-vocational education and training programs
implemented
by various institutions in the country; SEC. 14. Office of the Non-formal Technical Vocational Education and Training (ONFTVET). - The ONFTVET shall: provide
direction, policies and guidelines for effective implementation of
non-formal
community-based technical-vocational education and training; SEC. 15. Office of Apprenticeship (OA). - The OA shall: provide
direction, policies and guidelines on the implementation of the
apprenticeship
system; SEC. 16. Regional TESDA Offices. - The TESDA shall establish regional offices headed by Regional Directors with the rank and emoluments of Director IV. The offices shall be under the direct control of the Director-General and shall: serve
as Secretariat to Regional TESDA Committees; SEC. 17. Provincial TESDA Offices. - The TESDA shall also establish Provincial Offices headed by Skill Development Offices with the rank and emoluments of a Director III. These offices shall be under the direct control of the Director-General and shall: serve
as Secretariat to Provincial TESDA Committees; SEC. 18. Additional Offices. - The TESDA Secretariat may be further composed by such offices as
may be
deemed necessary by the TESDA Board. SEC. 1. Technical Education and Skills Development Committees. - The TESDA shall establish Technical Education and Skills Development Committees at the regional and local levels to coordinate and monitor the delivery of all technical education and skills development activities of the public and private sectors. The TESDA Board is authorized to set aside a portion of the appropriation of the TESDA for the operation of the TESDA Committees. SEC. 2. TESDA Committees' Relations to Local Development Councils. - The TESDA Committees shall establish linkages with the appropriate regional and local development councils in order that they may likewise serve as the Technical Education and Skills Development Committees of the said development councils. SEC. 3. Composition of
TESDA Committees. - The composition of the Technical Education and
Skills Development Committees
shall
be determined by the Director-General subject to the guidelines promulgated by the TESDA
Board. SEC. 1. Programs and Activities in Technical Education and skills Development. - The TESDA shall accredit, coordinate, integrate, monitor and evaluate all the different formal and non-formal technical-vocational education and training programs pursuant to the goals and objectives of the Act. Encouraging the active participation of the private sector, including industry groups, trade associations, employers and workers, and particularly private enterprises, the TESDA shall promote and strengthen the quality of these technical education and skills development programs: middle-level
manpower development programs; SEC. 2. User-Led or Market-Driven Strategy. - adopting a user-led or market driven strategy, the TESDA shall promote stengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system. SEC. 3. Apprenticeship and Learnership Prorgrams. - Using the above-mentioned strategy, in accordance with existing laws, rules and regulations, the TESDA shall implement and administer reformed industry-based apprenticeship and learneship programs which have been transferred from the Department of Labor and Employment to the TESDA by the Act. SEC. 4. Dual Training System. - Also using the strategy mentioned in Section 2 hereof, the TESDA shall implement Republic Act No. 7686 otherwise known as the "Dual Training System Act. Of 1994" and lend support and encourage increasing utilization of the dual training system as provided for in the aforementioned Act. SEC. 5. Administration of Training Programs. - The TESDA shall design and administer training programs and schemes that will develop the capabilities of public and private institutions to provide quality and cost-effective technical education and skills development and related opportunities. SEC. 6. Establishment and Administration of National Trade Skills Standards. - There shall be national occupational skills standards to be established by TESDA - accredited industry committees. The TESDA shall develop and implement a certification and accreditation program in which private groups and trade associations are accredited to conduct approved trade tests, and the local government units to promote such trade testing activities in their respective areas in accordance with the guidelines to be set by the TESDA. The Secretary of Labor and Employment shall determine the occupational trades for mandatory certification. All certificates relating to the national skills testing and certification system shall be issued by the TESDA through its Secretariat. SEC. 7. Industry Boards. - The TESDA shall establish effective and efficient institutional arrangements with industry boards and such other bodies or associations to provide direct participation of employers and workers in the design and implementation of skills development schemes, trade skills standardization and certification and such other functions in the fulfillment of the TESDA's objectives. SEC. 8. Skills Development Centers. - The TESDA shall strengthen the network of national, regional and local skills training centers for the purpose of promoting skills development. This network shall include skills training centers in vocational and technical schools, technical institutions, polytechnic colleges, and all other duly accredited public and private dual system educational institutions. The technical education and skills development centers shall be administered and operated under such rules and regulations as may be established by the TESDA in accordance with the National Technical Education and Skills Development Plan. SEC. 9. Coordination of All Skills Training Schemes. - In order to integrate the national skills development efforts, all technical education and skills training schemes as provided for in the Act shall be coordinated with the TESDA particularly those having to do with the setting of trade skills standards. For this purpose, existing technical education and skills training programs in the Government and in the private sector, specifically those wholly or partly financed with government funds, shall be reported to the TESDA which shall assess and evaluate such programs to ensure their efficiency and effectiveness. SEC. 10. Skills Development Opportunities. - The TESDA shall design and implement an effective and efficient delivery system for quality technical education and skills development opportunities particularly in disadvantaged sectors, with new tools of wealth creation and with the capability to take on higher value-added gainful activities and to share equitably in productivity gains. SEC. 11. Devolution of
TESDA's Training Function to Local Governments. - In establishing
the
delivery system
provided for in the preceding Section, the TESDA shall formulate,
implement
and finance a specific
plan to develop the capability of local government units to assume
ultimately
the responsibility for effectively providing community-based technical
education and skills development opportunities: Provided, however, that
there shall be formulated and implemented an effective and timely
retraining
of TESDA personnel that would be affected by the devolution to ensure
their
being retained if the concerned local government units would not be
able
to absorb them. SEC. 1. Public Technical and Vocational Schools. - The public technical and vocational schools whose budgets are included in the TESDA budget per the annual General Appropriations Act, including those funded by local governments, shall be under the supervision of the TESDA. The pertinent DECS Orders and Memoranda shall continue to apply to said schools until they are modified or revoked by the TESDA Board. SEC. 2. Private Technical and Vocational Schools. - The private technical and vocational schools shall be subject to reasonable supervision of the TESDA, in accordance with the 1992 Manual of Regulations for Private Schools, particularly its Article IV, Supervision and Regulation of Private Schools and Article V. Accreditation, until the aforementioned regulations are modified or revoked by the TESDA Board. SEC. 3. Training Center.- In its supervision of public and private training centers, the TESDA
shall ensure
that appropriate skills and knowledge are provided to industry by these
training centers. SEC. 1. Skills Olympics.- To promote quality skills development in the country and with the view of participating in international skills competitions, the TESDA, with the active participation of private industries, shall organize and conduct annual National Skills Olympics. The TESDA, through its Secretariat, shall promulgate the necessary rules and guidelines for the effective and efficient conduct of Annual National Skills Olympics and for the country's participation in international skills olympics. SEC. 2. Assistance to Employers and Organizations. - The TESDA shall assist any employer or organization engaged in skills training schemes designed to attain its objectives under rules and regulations which the TESDA shall establish for this purpose. SEC. 3. Scholarship Grants.- The TESDA shall adopt a system of allocation and funding of scholarship grants which shall be responsive to the technical education and skills development needs of the different regions in the country. SEC. 4. Incentives Schemes.- The TESDA shall develop and administer appropriate incentive schemes to encourage government
and
private industries and institutions to provide high-quality technical education and skills
development
opportunities. SEC. 1. TESDA Budget.- The amount necessary to finance the initial implementation of the Act shall be charged against the existing appropriations of the NMYC and the BTVE. Thereafter, such funds as may be necessary for the continued implementation of the Act shall be included in the annual General Appropriations Act. SEC. 2. The TESDA Development Fund. - A TESDA Development Fund is established, to be managed/administered by the TESDA, the income from which shall be utilized exclusively in awarding of grants and providing assistance to schools, training institutions, industries, local government units for upgrading their capabilities, and to develop and implement technical education and skills development programs. The Fund shall be set up through: a one-time
lump sum appropriation from the National Government; SEC. 3. Administrator and Fund Manager. - The TESDA Board shall be the administrator of the Fund, and as such, shall formulate the necessary implementing guidelines for the management of the Fund, subject to the following: a) unless otherwise stipulated by the private donor, only earnings of private contributions shall be used; and b) no part of the seed capital of the Fund, including earnings, thereof, shall be used to underwrite expenses for administration. The Board shall appoint a reputable government-accredited investment institution as Fund manager, subject to guidelines promulgated by the Board. SEC. 4. Expert Group on Funding Scheme. - Within one (1) year after the organization of the TESDA, the TESDA Board shall commission an expert group on funding schemes for the TESDA Development Fund, the results of which shall be used as the basis for appropriate action by the Board. SEC. 5. Levy and Grant Scheme. - The TESDA may determine and approve systematic funding schemes for technical education and skills development purposes such as a levy and grant scheme whereby there shall be legal contributions from participating employers who would be beneficiaries of the employee training programs (often as a percentage of the payroll) which contributions are subsequently turned over or rebated to enterprise offering such program. SEC. 6. Fees and Charges.- The TESDA may exact reasonable fees and charges for such tests and trainings it may conduct and retain such earnings for its own use, subject to guidelines promulgated by the TESDA Board. SEC. 7. Instructional
Improvement Fund. - The instructional improvement fund in public technical-vocational
schools
and institutions shall be used for the expansion, upgrading or
maintenance of school facilities,
particularly
machinery, equipment and other learning resources. SEC. 1. Definition of Terms Under the Act. - "Apprentice" is a person undergoing training for an approved apprenticeable
occupation
during an established period assured by an apprenticeship agreement. 1. who
have acquired practical skills and knowledge through formal or
non-formal
education and training equivalent to at least a secondary education but
preferably a post-secondary education with a corresponding degree or
diploma;
or SEC. 1. Private Sector Representatives. - Within two (20 months after the approval of the Act, the President shall, in consultation with the Secretary of labor and Employment and the Secretary of Education, Culture and sports, appoint the private sector representatives of the TESDA Board. SEC. 2. Appointment of the Director-General. - Within three (3) months after the appointment of the private sector representatives, the President shall, upon the recommendation of the Board, appoint the Director- General. SEC. 3. Organizational Structure and Staffing Pattern. - Within four (4) months after the appointment of the Director-General, the Board shall convene to determine the organizational structure and staffing pattern of the TESDA. SEC. 4. Personnel of Absorbed Agencies. - The personnel of the existing National Manpower and Youth Council (NMYC) of the Department of Labor and Employment and the Bureau of Technical andVocational Education (BTVE) of the Department of Education, Culture and Sports, shall, in a holdover capacity continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits until such time when the organizational structure and staffing pattern of the TESDA shall have been approved by the Board: Provided, That the preparation and approval of the said new organizational structure and staffing pattern shall, as far as practicable, respect and ensure the security of tenure and seniority rights of affected government employees, as clarified in Sections 5, 6, and 7 of this Rule. SEC. 5. Holdover Capacity in Respective Duties and Responsibilities. - A position is composed of a set of duties and responsibilities. Thus even if the title of said position is changed or the salary therefor is upgraded, the absorbed personnel who is performing the duties and responsibilities shall continue to holdsuch position and receive the appropriate upgraded salary of said retitled position, in a holdover capacity. SEC. 6. Respecting and Insuring Security of Tenure. - As long as the duties and responsibilities of his position are needed by the TESDA, the absorbed personnel concerned shall not be forced to resign and be dismissed without just cause and without due process. If new and higher positions are created, the absorbed personnel who meets the qualification standards of the new position shall be given preference in the filling up of said position. SEC. 7. Respecting Seniority Rights. - In filling up new positions, there shall be an open competition among the absorbed personnel taking into consideration their qualifications, performance and eligibility. If the absorbed personnel has to be retired under the provision of the next succeeding section, it is understood that his other previous service in the government shall be included or considered in the computation of his retirement benefits. SEC. 8. Separation or Retirement Benefits. - Those personnel whose positions are not included in the new staffing pattern approved by the TESDA Board or who are not reappointed or who choose to be separated as a result of the reorganization shall be paid their separation or retirement benefits under existing laws. SEC. 9. Consultation with Commission on Higher Education and the Appropriate Department of Basic Education. - Upon the consultation of the TESDA Board, the TESDA may work out with the Commission on Higher Education and the appropriate Department for Basic Education a system of cooperation and program management with respect to educational institutions offering basic tertiary and post secondary programs paying special attention to delineation of programs, functions, responsibilities, personnel and facilities. SEC. 10. Existing Policies and Projects in Force Until Revoked. - All policies and projects of the agencies replaced and absorbed by the TESDA involving technical education and skills development programs shall remain in force unless or until modified or revoked by these Rules or by the TESDA. SEC.11. Permits and Certificates.- All permits and certificates of recognition issued by the agencies replaced and absorbed by the TESDA prior to these Rules affecting technical education and skills development shall continue to be in force and in effect. However, further action on such permits and certificates shall henceforth be undertaken by the TESDA. SEC.12. Separability Clause. - If any provision of these Rules is held invalid or unconstitutional, any other provision not so affected shall continue to be valid and effective. SEC. 13. Repealing Clause. - Any law, presidential decree, executive order, letter of instruction, and its rules and regulations, or any part thereof, which is inconsistent with any of the provisions of the Act and these Rules is hereby repealed or amended accordingly. SEC.14. Effectivity Clause.- These Rules shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. SEC.15. Issuances on Policies
and Guidelines After Effectivity of the Rules. - The TESDA Board shall, after due consultations
are
required by Section8, paragraph 1 of the Act, promulgate from time to
time issuances on policies and
guidelines
for the effective implementation of these Rules and Regulations. Done in Manila, Republic
of the Philippines, this 18th day of January 1995. GOVERNMENT SECTOR (SGD.) MA. NIEVES
R.
CONFESOR (SGD.) RICARDO T.
GLORIA (SGD.) RIZALINO
S.
NAVARRO EMPLOYER/INDUSTRY SECTOR (SGD.) JOSELITO
S.
SANDEJAS, JR. LABOR SECTOR (SGD.) ISIDRO
ANTONIO
C. ASPER IBARRA A. MALONZO TECHNICAL EDUCATION AND TRAINING SECTOR (SGD.) FR.
PRECIOSIO
D. CANTILLAS The foregoing Implementing
Rules and Regulations of the TESDA Act of 1994 was published on
February
13, 1995 in The Philippine Star. |