Employment of minors

Employment of Minors1What is Child Labor?In the Philippines, a child is defined as a person below the age of emancipation which is 18 years. The term "child" recently acquired a new meaning upon the enactment of R.A. 7610 in 1992, otherwise known as the Child Protection Law. The new law, which devotes an entire chapter on working children, expanded the definition of children to mean "persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition."

2While there is a clear-cut definition of the term "child", the same cannot be said about "child labour" which has been defined and interpreted in many different ways. Child labour, in its general sense, is the participation of children in a wide variety of work situations, on a more or less regular basis, to earn a livelihood for themselves or for others.

3There is a need, however, to distinguish "child labour" from "child work".Not all types of child work are considered child labour. Child labour refers only to economic activities or "those activities which are socially useful and remunerable, requiring manual and/or intellectual effort, which result in the production of goods or performance of services."Thus, child labour excludes household chores for one's own family since such is not remunerable. It also excludes mendicancy because such is not a socially useful means of livelihood. In its strict sense, however, child labour does not refer merely to any form of economic activity, as described above, but to a form of economic exploitation damaging to the child.

4Child labouris work situations where children--- are compelled to work on a regular basis to earn a living for themselves and their families, and as a result are disadvantaged educationally and socially; work in conditions that are exploitative and damaging to their health and to their physical and mental development; are separated from their families, often deprived of educational and training opportunities; are forced to lead prematurely adult lives.

5The State, through the Department of Labour and Employment (DOLE)defines "child labour" as "the illegal employment of children below the age of fifteen (15), where they are not directly under the sole responsibility of their parents or legal guardian, or the latter employs other workers apart from their children, who are not members of their families, or their work endangers their life, safety, health and morals or impairs their normal development including schooling. It also includes the situation of children below the age of eighteen (18) who are employed in hazardous occupations."

6This definition was taken from the existing child labour statutes of the country and clearly pertains only to the work situations of children which under Philippine laws are considered illegal. Accordingly, children above 15 years old but below 18 years of age who are employed in non-hazardous undertakings, and children below 15 years old who are employed in exclusive family undertakings where their safety, health, schooling and normal development are not impaired, are NOT considered as "child labour" under the law.

7State PoliciesSection 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.8Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.9Section 11. The State values the dignity of every human person and guarantees full respect for human rights.Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.10Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.11Age of Employment12Art. 39 minimum employable age(a) No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.

13(b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.

Minimum Employable Age14(c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment.

Minimum Employable Age15Hazardous work1. where the nature of the work exposes the workers to dangerous environmental elements, contaminations or work conditions including ionizing radiations, chemicals, fire, flammable substances, noxious components, and the like;162. where the workers are engaged in construction work, logging, firefighting, mining, quarrying, blasting, stevedoring, dock work, deep sea fishing, and mechanized farming;

173. Where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products;4. Where the workers use or are exposed to heavy or power-driven machinery or equipment; and5. Where workers use or are exposed to power-driven tools18CHILD ABUSE AND CHILD LABOR LAWSRA 7610 (June 17, 1992)--AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

19Strengthened by RA 7658AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR THIS PURPOSE SECTION 12, ARTICLE VIII OF R. A. 7610.

20AMENDED BY RA 9231 (DECEMBER 19, 2003)AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT"

21SEC 12 EMPLOYMENT OF CHLDREN"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed except:"1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or

22"2) Where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, further, That the following requirements in all instances are strictly complied with:"(a) The employer shall ensure the protection, health, safety, morals and normal development of the child;23"(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and"(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child.

24"In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements."For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age."

25SEC 12-A HOURS OF WORKING CHILD26Sec. 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows:"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Sec. 12 of this Act, as amended:"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day;

27"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week;"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day."

28SEC 12-D PROHIBITION AGAINST WORST FORM OF CHILD LABOR29"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following:"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or"(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or

30"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it:

"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or

"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or

"c) Is performed underground, underwater or at dangerous heights; or

"d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or

"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or

31"f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or

"g) Is performed under particularly difficult conditions; or

"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or

"i) Involves the manufacture or handling of explosives and other pyrotechnic products."

32REGISTER OF CHILDREN WORKERS33Every employer in any commercial, industrial or agricultural establishment or enterprise shall keep:1. A register of all children employed by him, indicating the dates of their birth;2. A separate file for the written consent to their employment given by their parents or guardians;3. A separate file for their educational and medical certificates4. a separate file for special work permits issued by the Secretary of Labor and Employment in accordance with existing laws

34DUTY OF EMPLOYER TO SUBMIT REPORT35The employer shall submit to the DOLE a report of all children employed by him. A separate report shall be made of all such children who are found to be handicapped after medical examination. The Secretary of Labor and Employment shall refer such handicapped children to the proper government or private agencies for vocational guidance, physical and vocational rehabilitation and placement in employment.36SEC 14. PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN ADVERTISEMENTS37Sec. 5. Sec. 14 of the same Act is hereby amended to read as follows:"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography."

38Relevant provisions under The Children and Youth Welfare Code (PD 603)39

a. Right to self-organization

Working children shall have the same freedom as adults to join the collective bargaining union of their own choosing in accordance with existing law.40b. Conditions of employmentThere shall be close collaboration between labor and management in the observance of the conditions of employment required by law for working children.41c. Educational assistance programThe management may allow time off without loss or reduction of wages for working children with special talents to enable them to pursue formal studies in technical schools on scholarship financed by management or by the collective bargaining union or unions.42d. Welfare programLabor and management shall, in cooperation with the Women and Minors Bureau (now Bureau of Women and Young Workers) of DOLE, undertake projects and in-service training programs for working children which shall improve their conditions of employment, improve their capabilities and physical fitness, increase their efficiency, secure opportunities for their promotion, prepare them for more responsible positions and provide for their social, educational and cultural advancement.43Employment of poor but deserving students44RA No. 7323Approved on March 30, 1992 by President Corazon C. Aquino.Aims to help poor but deserving students pursue their education.Encourages their employment in private firms and government agencies through incentives granted to employers, allowing them to pay only sixty percentum of their salaries or wages and the forty per centum through education vouchers to be paid by the government. 45RA 9547Approved on April 1, 2009Sec 1. Any person or entity employing at least ten (10) persons may employ poor but deserving students fifteen years of age but not more than twenty five years old. Their salary or wage shall not be lower than the minimum wage for private employers and the applicable hiring rate for the national and local government agencies.46Students enrolled in the secondary level-- shall ONLY be employed during summer and/or Christmas vacations.

47Students enrolled in tertiary, vocational or technical education may be employed at any time of the year

PROVIDED, that their period of employment shall be from twenty (20) to fifty-two (52) working days only, except that during Christmas vacation, employment shall be from ten (10) to fifteen days (15) days.48Such employment may be counted as part of the students probationary period should they apply in the same company or agency after graduation

Students employed in activities related to their course may earn equivalent academic credits as may be determined by the appropriate government agencies

49Poor but deservingFor purposes of RA 7323 as amended by RA 9547, this refers those whose parents combined income, together with their own, if any, does not exceed the annual regional poverty threshold level for a family of six (6) for the preceding year as may be determined by National Economic and Development Authority (NEDA).50Penal Provisions (RA 9231)Sec. 6. Sec. 16 of the same Act, is hereby amended to read as follows:"Sec. 16. Penal Provisions -"a) Any employer who violates Sections 12, 12-A, and Sec. 14 of this act, as amended, shall be penalized by imprisonment of 6 months and 1 day to 6 years or a fine of not less than P50,000.00 but not more than P300,000.00 or both at the discretion of the court."b) Any person who violates the provision of Sec. 12-D of this act or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in hazardous work, shall suffer the penalty of a fine of not less than P100,000.00 but not more than P1,000,000.00, or imprisonment of not less than 12 years and 1 day to 20 years, or both such fine and imprisonment at the discretion of the court.51"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in accordance with the penalty provided for by R. A. 9208 otherwise known as the "Anti-trafficking in Persons Act of 2003": Provided, That Such penalty shall be imposed in its maximum period."d) Any person who violates Sec. 12-D (3) shall be prosecuted and penalized in accordance with R.A. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided, That such penalty shall be imposed in its maximum period."e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers, which include the president, treasurer and secretary of the said corporation who participated in or knowingly allowed the violation, shall be penalized accordingly as provided for under this Sec.52"f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than P10,000.00 but not more than P100,000.00, or be required to render community service for not less than 30 days but not more than 1 year, or both such fine and community service at the discretion of the court: Provided, That the maximum length of community service shall be imposed on parents or legal guardians who have violated the provisions of this Act three (3) times; Provided, further, That in addition to the community service, the penalty of imprisonment of thirty (30) days but not more than one (1) year or both at the discretion of the court, shall be imposed on the parents or legal guardians who have violated the provisions of this Act more than three (3) times.

53"g) The Secretary of Labor and Employment or his/her duly authorized representative may, after due notice and hearing, order the closure of any business firm or establishment found to have violated any of the provisions of this Act more than 3 times. He/she shall likewise order the immediate closure of such firm or establishment if:"(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of a child employed in such establishment; or"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows."h) In case of such closure, the employer shall be required to pay the employee(s) the separation pay and other monetary benefits provided for by law."

54 Merci!!55Group Members

Harold B. LacabaTricia Aura BaloLourdes Golong-GutierrezAngelyn GonzagaRyan HembraShane SoledadMa. Liwayway Norcio-FranciscoAlan Burt Altar

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