April 16, 2012

DOLE MEMORANDUM

This Advisory aims to guide all DOLE Regional and Field Offices in the implementation of SPES pursuant to (An Act Strengthening and Expanding the Coverage of the Special Program for Employment of Students, Amending for the Purpose Provisions of and its Implementing Rules and Regulations and to provide uniform response to frequently asked queries.

A. Work Schedule of SPES Beneficiaries

1. SPES beneficiaries employed in private establishments may be allowed to work on Saturdays, if necessary, and beyond eight (8) hours a day in emergency situations. All payments for work beyond normal working hours should be subject to payment of statutory overtime pay to be shouldered by the private employer.

2. For those 15 to below 18 years of age, the hours of work shall not be more than 8 hours a day, and in no case beyond 40 hours a week as provided under (An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Special Protection for the Working Child, Amending for this Purpose . Moreover, under said law, those falling within this age range should not be made to work within the period from 10:00 pm to 6:00 am of the following day. aScITE

3. The DOLE Regional Office may allow a work schedule whereby SPES beneficiaries work on part-time basis of not less than four hours per day or on staggered basis (such as, work some days during the semestral break in October and some days during Christmas break), depending on the needs of the student and the employer and subject to voluntary agreement by the parties, provided that the total period worked will not exceed 52 working days or 416 working hours within a calendar year.

4. Since the law requires that they should be paid immediately after each completed period of employment, the Regional Office allowing the flexible schedules above described are forewarned about and should address the difficulty in monitoring and processing the students' claims.

B. Nature of Work of SPES Beneficiaries

1. The DOLE Regional and Field Offices shall encourage all participating employers, particularly the local government units (LGUs), other government agencies, academe and non-government organizations, to provide the SPES beneficiaries with work and activities which are related to skills acquisition and greening projects or green jobs.

2. SPES beneficiaries, particularly those 15 to below 18 years of age, should not be assigned in hazardous undertakings as prohibited under

C. Mode of Payment of SPES Beneficiaries

The DOLE Regional Offices shall determine the most efficient and appropriate scheme to facilitate the payment of 40% share of DOLE to SPES beneficiaries through any of the following:

1. Automated Check Preparation;

2. Payment through ATM; or

3. Payment through Cash Card.

D. Payment of Insurance Premium of SPES Beneficiaries

1. An insurance premium of five pesos and fifty centavos (PhP5.50) shall be paid to the Government Service Insurance System (GSIS) for each SPES beneficiary employed in private establishments, national government agencies, local government units and government owned and controlled corporations. STaCIA

2. The insurance premium shall be paid by the DOLE Regional Office, as provided by law, sourced from the Other MOOE item of the Regional Office SPES budget, if such premium is not voluntarily paid by the employer.

3. SPES beneficiaries who are employed on part time or on staggered basis should have GSIS insurance coverage per employment period.

4. The DOLE Regional Office shall ensure that the insurance premiums are remitted, together with the list of names, to the concerned GSIS Regional Office not more than five (5) days after the start of actual employment of SPES beneficiaries.

5. The DOLE Regional Office should keep the official receipts of said payments as proof of payment of the insurance premiums.

E. Out-of-School Youth and Youth who are children of Occupationally Disabled Workers, Persons with Disability, Displaced Workers and Victims of Illegal Recruitment as SPES Beneficiaries

1. The DOLE Regional Offices should promote the SPES to out-of school youth and qualified youth who are children of occupationally disabled workers, persons with disabilities, displaced workers, as well as victims of illegal recruitment and shall allocate 20% of their SPES targets for the aforementioned beneficiaries.

2. The Employees Compensation Commission shall provide the DOLE Regional Offices with a list of occupationally disabled workers and their children, including contact details, as soon as the information becomes available.

F. Birth Certificate

The submission of copy of birth certificate may be waived if the date of birth is already indicated in the Form 138 submitted by the SPES applicant. HTIEaS

G. Barangay Certification

The PESOs and the DOLE Regional Offices shall accept the Barangay Certificate issued by the Barangay Chairperson, in lieu of the BIR Certification, among the application requirements and documents, attesting that the income of the parents of the SPES applicant, together with his or her income if any, does not exceed the annual regional poverty threshold level as determined by the National Economic and Development Authority.

H. Orientation for SPES Beneficiaries

The PESOs shall conduct a half-day orientation for SPES beneficiaries focusing on, but not limited to, the objectives of the SPES, the duties and responsibilities of both the employer and SPES beneficiaries and the proper work values and ethics.

I. Development of SPES Information System

1. To facilitate data banking and payment to SPES beneficiaries by the DOLE Regional Offices, the Bureau of Workers with Special Concerns, as SPES manager, shall develop a SPES Information System in 2012, in collaboration with DOLE Regional Offices with existing computerized systems, which should include the computerization of the SPES process.

2. The absence of a computerized system should not be a reason for the delay in the processing of payment for SPES work.

J. Monitoring of SPES

The DOLE Regional Offices shall monitor the implementation of the SPES, particularly on the following aspects:

1. The extent to which the criteria for the selection of students have been followed;

2. The observance of the conditions in the employment contract;

3. The observance of the duties and responsibilities of the employers and the beneficiaries; and

4. The timely payment of salaries to SPES beneficiaries. DAETcC

For compliance.

(SGD.) LOURDES M. TRASMONTE
Undersecretary
Department of Labor and Employment