Read TUCP’s quick research on the matter here.
Trainees in dual training system are considered ‘trainees’, not employees.
Trainees are entitled to daily allowances and insurance overage.
Trainees are not required to be covered by SSS, PHIC or PagIBIG.
As trainees, not employees, they are not entitled to 13th month pay.
Bonuses and 14th month pay, which are not minimum standards, are not provided by law, but by company practice or CBAs for those with unions. Trainees are not entitled to these.
After completing years of dual training, trainees doubt whether they still are in a legitimate dual tech system. They might have been in dual training at the start, but ngayon, may kalabuan ang kanilang status [now, their status is not clear].
There should be a memorandum of agreement (MOA) among the company, the school and the trainee/worker. The trainee is supposed to be provided a copy of the MOA; that would be the equivalent of the training contract.
The MOA contains at least the training plan; duration of training period, including in-school and in-plant training hours; normal daily training hours; trainees allowance; performance, monitoring and evaluation system. These should be clear, and should be explained to the trainee properly.
When the school and the trainee are unsure, even confused, of the status of engagement, probably because of the absence, or unavailability of the written memorandum.
The dual training system is a school and work arrangement. There are variations of the dual training system: (1) Arawaraw [Every day] may school at may work (on the job training); (2) May period for full time in school to finish 40% of the training, and may period for full time in the company to finish 60% – plant training; or (3) Day release scheme – two days in school, remaining working days in the company.
Trainees say they have not enrolled in school for the past two years; the kind of dual training in practice has not been explained.
Some trainees say they have a 12-hour work schedule. This appears excessive for combined school and work hours. In any case, 12 hours is not compliant with labor law and the dual training law. The minimum wage rate or the training allowance rate is inadequate in that case.
The implementation of the dual training needs review. It is obvious that there are deficiencies, even abuses, in practice. Endo in dual training? What another mess!