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Amicus Curiae
The Labor Aspect of Student Internship
Others
Mark Alvin R. Recto
Point of Law
March 21, 2014

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February 2018 (6)

January 2018 (6) “Hands-on learning” has become an essential approach in making teaching and learning process more
December 2017 (4) effective. As such, most college degrees nowadays provide in their curriculum a practicum subject requiring
November 2017 (4) students to undergo on-the-job training (“OJT”) or internship as a prerequisite for graduation.
October 2017 (5)
OJT or internship programs help not only the students, but also the schools and business enterprises. With
September 2017 (6)
the promise of making their students be more competitive, schools with internship programs invite more
August 2017 (4)
enrollees. Business enterprises, meanwhile, open their doors to talented students who could be prospective
July 2017 (4)
employees.
June 2017 (3)
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May 2017 (6) However, business enterprises, on their part, must note that student internship is not just simply entering
April 2017 (3) into a memorandum of agreement with school and assigning work to students. Without proper regard to
March 2017 (4) what student internship should be, business enterprises may later find themselves facing labor problems as
February 2017 (4) their student interns may be deemed regular employees entitled to benefits under the Labor Code and
January 2017 (5) other social legislations. Thus, it is important that business enterprises follow the proper guidelines in
December 2016 (4) providing student internship opportunities.
November 2016 (6)
October 2016 (5) With their mandate under R.A. No. 7722 or the Higher Education Act of 1994 to develop and promote

September 2016 (4) policies, systems, procedures and programs that address globalization, changing policies, and liberalization

August 2016 (5) of trade in goods and services, the Commission on Higher Education (“CHED”) is tasked to supervise
student internship programs in the country. Pursuant to this mandate, CHED issued CHED Memoradum
July 2016 (6)
Order (CMO) No. 23, Series of 2009 or the “Guidelines for Student Internship Program in the Philippines
June 2016 (3)
May 2016 (4) (SIPP) for all Programs with Practicum Subject” (“the Guidelines”).

April 2016 (6)

The Guidelines address the need to guarantee the quality of learning and exposure, and the promotion of
March 2016 (5)
the well-being of tertiary students who are enrolled in recognized higher education programs with practicum
February 2016 (2)
subjects.
January 2016 (4)
December 2015 (4) Under the Guidelines, business enterprises offering OJT or internship opportunities are called Host Training
November 2015 (4) Establishment (“HTE”). In providing internship opportunities, business enterprises, as HTE, must partner
October 2015 (6) with a Higher Education Institution (“HEI”). Business enterprises must see to it that the HEI or their partner
September 2015 (5) school’s internship program must have government recognition if it is a private school, an appropriate board
August 2015 (5) resolution if it is a State University or College, or a local government ordinance if a local university or
July 2015 (6) college. If the school does not have any of these, it cannot offer a practicum subject.
June 2015 (5)
May 2015 (5) The Guidelines state that the HTE must provide an appropriate training program for the student trainee and

April 2015 (5) must follow a Training Manual or Plan. Thus, the HTE must collaborate with the school in designing a

March 2015 (5) Training Manual or Plan, specifying among others, the goals and objectives (desired outcomes and how

February 2015 (2) these outcomes will be achieved), knowledge, skills, attitudes and competencies that the student trainee

January 2015 (2) should acquire in each learning area, assignments and schedule of activities. The objective is for the HTE to
December 2014 (3) provide a supervised applied learning experience in accordance with the Training Manual or Plan and the

November 2014 (5) schedule of activities.

October 2014 (5)
Since the internship program is considered a course or a subject, the school provides the HTE with the
September 2014 (4)
evaluation system to be followed in evaluating the student interns’ performance. In this regard, the HTE
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August 2014 (5) must assign a competent Faculty Coordinator who will be responsible for the implementation of all the
July 2014 (5) phases of the Training Plan, including monitoring and evaluation of the student interns.
June 2014 (5)
To protect the interest of student interns, the school and the HTE are also required to execute a notarized
May 2014 (8)
April 2014 (4) Memorandum of Agreement (“MOA”) that complies with the Guidelines. In the MOA, the HTE may provide

March 2014 (2) necessary incentives to the student trainee such as free duty meals, travel allowance, and uniform.

February 2014 (5)

Aside from the MOA, a Training Contract will have to be executed by the Dean of the School, a
January 2014 (5)
representative of the HTE, the student interns and their parents. The training contract will include the
December 2013 (4)
responsibilities of the student interns and incorporates Training Manual or Plan. Before executing the
November 2013 (4)
Training Contract, however, it is a sound practice that the HTE check with the school whether the applicant
October 2013 (4)
student intern meets the following minimum qualifications: (a) he or she must be 18 years old; (b) enrolled in
September 2013 (4)
a practicum or equivalent subject; (c) in good academic standing and completed all pre-requisite subjects;
August 2013 (3)
(d) has finished at least 90% of his/her academic requirements or has passed and taken all his/her major
July 2013 (5)
(professional) subjects; (e) has consent from parents/guardians; etc..
June 2013 (3)
April 2013 (2) At the end of the training period, the HTE is obligated to transmit to the school the students’ certificate of
March 2013 (2) completion, duly accomplished evaluation sheets, and other pertinent reports, information, and/or
documents which may be included for purposes of describing student performances.

2018 (14) In order to ensure students’ welfare during their OJT, CHED Legal Services is empowered to conduct
2017 (52) investigation on student exploitation or any violation committed by either the school or the HTE. CHED Legal
2016 (54) Services will submit its recommendations to the Commission En Banc for appropriate action.
2015 (54)
2014 (56) Sanctions may also be imposed on the HTE for the following prohibited acts: changing provisions of signed
2013 (31) training contract without the consent of the student trainee and the higher education institution; non-
compliance with prescribed Training Manual or Plan; placing student trainees in unsuitable training venues;
withholding practicum reports of student trainees; and other acts similar or analogous to the foregoing that
is in violation of the Guidelines.

Clearly, the objective of student internship or OJT programs is to provide students with practical knowledge
and skills to enhance their competencies and discipline. As Host Training Establishment, business
enterprises take on the responsibility of a teacher and contribute to improving the quality of our nation’s
labor force.

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NB: Student interns should not be confused with apprentices or learners. Apprentices and learners
are covered by R.A. No.7796 or the TESDA Act of 1994, and the Labor Code and its implementing
rules.

(The author is an Associate of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW),
Cebu Branch. He can be contacted at Tel. No. (6332) 231-4223 or email address: mrrecto@accralaw.com.
The views and opinions expressed in this article are those of the author. This article is for general
informational and educational purposes only and not offered as and does not constitute legal advice or legal
opinion.)

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