Video claiming employees were regularized after 3 months only under Marcos misleads


A video on Facebook misleadingly claims employees were regularized after three months only under the late dictator Ferdinand E. Marcos’ rule. The law providing this remains in force and only applies to a certain type of employee: learners.


The video posted Jan. 10 by Facebook page BBM SARA Malakas shows a person-on-the-street interview with a self-proclaimed Marcos supporter. At the 2:57 mark, the interviewer asks if workers were regularized after only three months under Marcos’ rule.

Sabi nila ‘di ba noong panahon daw ni Marcos… totoo ba ‘yun na three months ka pa lang daw regular ka na (They say during the Marcos era, you could be a regular employee only after three months. Is this true)?

The interviewee says it was government policy at the time.

Kasi ‘yun ang patakaran ni Marcos before (That was Marcos’ policy before).

The Labor Code of the Philippines, which went into effect in 1974 during the martial law era, remains in force.


According to Article 73, which defines learners, learnerships should not exceed three months:

Persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.

Article 75, which provides the Learnership Agreement, states that employers must enter into a learnership agreement with learners they wish to employ, including “a commitment to employ the learners if they so desire, as regular employees upon the completion of the learnership.”


It further mandates the regularization of learners who have worked for two months and whose training is terminated by employers:

All learners who have been allowed or suffered to work during the first two (2) months shall be deemed regular employees if training is terminated by the employer before the end of the stipulated period through no fault of the learners.

The Revised Guidelines in the Implementation of of Apprenticeship and Learning Programs issued in October 2020 by the Technical Education And Skills Development Authority reiterate the provisions in the Labor Code on learners.


Article 281 of the Labor Code allows probationary employment for up to six months, save for apprenticeship agreements stipulating longer periods. The employee must be regularized if allowed to work beyond this period.


The misleading video has amassed over 1,300 reactions, 274 shares, and 13,000 views. (JS)


References


BBM SARA MALAKAS. (2022, January 10). Maraming NALOKO ang mga dilawan nung mga nakaraan taon. pero ngayon di na mauulit yun! Gising na gising na ang mga tao! BBM SARA Malakas! [VIDEO] . Facebook. https://www.facebook.com/watch/?v=4083719678397287&t=230


Labor Code of the Philippines 1974. (PHI). Retrieved from https://blr.dole.gov.ph/2014/12/11/labor-code-of-the-philippines/


Technical Education and Skills Development Authority. (2020, October 13). Revised Guidelines in the Implementation of of Apprenticeship and Learning Programs. https://tesda.gov.ph/CMSFiles/TESDABoardResolution/2020/BR%202020-48.pdf