Persons below TWENTY-ONE YEARS of age except those emancipated in accordance with law CHILD(R.A. 7610)
Below 18 years of age Over 18 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 Act. No. 3071 Revised Penal Code R.A. 679 ILO Convention Nos. 59, 77 & 90 R.A. 2714 P.D. 148 P.D. 442 - Labour Code P.D. 603 - Child and Youth Welfare Code U.N. Convention on the Rights of the Child R.A. 7610 - The Child Protection Law R.A. 7658
INTERNATIONAL INSTRUMENTS International Covenant On Economic, Social And Cultural Rights Convention on the Rights of the Child
NATIONAL LAWS Philippine 1987 Constitution Child And Youth Welfare Code (P.D. 603) It is even legally permissible to hire a child under 15, but only in two instances and subject to strict conditions (RA 7610, as amended by RA 9231; cf. DOLE DO No. 65-04). FIRST: - under sole responsibility of parents or guardian - only members of the childs family are employed.
Ex: family businesses SECOND: - public entertainment - information is essential -express agreement (7-14 years old)
1. Employer to comply: Rules on hours of work for minors 2. Employment: NOT endanger child 3. Employer: provide mandatory elementary or secondary education 4. Employer :secure work permit from DOLE The employer should obtain first a work permit before hiring a minor below 15 (Sec 12, RA 7610, as amended). 1. Terms and Conditions of employment: Hours of work Number of working days Remuneration Rest period 2. Measures to ensure protection, health, safety, morals, and normal development of the child: a) comfortable workplace and adequate quarters; b) break or rest periods in comfortable day beds or couches; c) clean and separate dressing rooms and toilet facilities for boys and girls; d) provision for adequate meals and snacks and sanitary eating facility; e) provision of all the necessary assistance to ensure the adequate and immediate medical and dental attendance and treatment to an injured or sick child in case of emergency.
There must be proof that the child is enrolled and regularly attending elementary or secondary school classes, except when the child is below seven years old. The employer must submit either: 1. A certificate of enrolment for the current year or current school identification or report card; or 2. If the child is not enrolled, a brief description of the program for education, training and skills acquisition for the child (cf. Sec 19b, DO 65-04)
While the law allows employment of minors including those below 15, it does not allow that such work will interfere with the childs education, be it formal, non-formal or other alternative forms of learning. The employer cannot make a child work during his/her school hours, and hinder his/her access to education during school days (Sec 19, DO 65-04).
The employer must submit an authenticated copy of the childs Birth Certificate or a Certificate of late Registration of Birth issued by the NSO or the city/municipal registrar.
This is to prove that the child is fit to undertake the job or activity which he or she is engaged to perform.
When the employer is the parent, guardian, or a family member other than the parent of the child, he/she shall present any valid document such as latest passport, latest postal/company identification card, and drivers license establishing his/her identity. In addition to proof of identity, a legal guardian is also required to present a duly authenticated proof of legal guardianship. A family member other than the parents is also required to present any proof of relationship to the child.
When the employer is in public entertainment or information, he/she shall submit a certified true copy of business permit or certificate of registration and a written employment contract to be approved by the Department. Agreement of the child to the contract is necessary when he or she is between seven and below 15 years of age.
The requirements do not apply when the child is employed only as a spot extra in public entertainment or information (Sec 13, DO 65-04). Spot extras are those who are cast outright on the day of the filming or taping. What is required is of the employer is to file a notice with the Regional Office where the work is to be performed that it will undertake activities involving child work. The notice must state the approximate number of child workers to be employed, the date, place and time the work is to be performed, and an undertaking that the employment shall be in conformity with the law and the implementing rules (RA 9231 and IRR or DO 65-04).
If the child is aged 15, his or her working hours should not be more than four hours a day or not more than 20 hours a week. He or she should not be allowed to work between 8:00 pm and 6:00 am of the next day. (Sec 12-A, RA 7610) If the child is 15, 16, or 17, his or her hours of work should not exceed eight hours a day or not more than 40 hours a week. He or she should not work between 10:00 pm and 6:00 am of the following day. (Sec 12-A, RA 7610)
The employer cannot assign tasks or activities that threaten the childs life, safety, health and morals or that which impairs his or her normal development. Allowing a child to work in a hazardous undertaking is considered one of the worst forms of child labor (Sec 12(D)(4), RA 7610). DOLE Department Order No. 004-99 declares the following work and activities as hazardous to persons below 18 years of age:
1. Work which exposes children to physical, psychological or sexual abuse, such as in lewd shows, cabarets, bars (KTV, karaoke bars), dance halls, bath houses and massage clinics. escort service, gambling halls and similar places 2. Work underground, under water, at dangerous heights or at unguarded heights of two meters and above, or in confined places. The most common are mining and deep sea fishing or diving. 3. Work with dangerous machinery, equipment and tools, or which involves manual handling or transport of heavy loads, such as in logging, construction, quarrying, and similar work 4. Work in an unhealthy environment which may expose children to hazardous processes, to temperatures, noise levels or vibrations damaging to their health, to toxic, corrosive, poisonous, noxious, explosive, flammable and combustible substances or composites, to harmful biological agents, or to other dangerous chemicals including pharmaceuticals 5. Work under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer.
Child labor refers to any work or economic activity performed by a child that subjects him or her to any form of exploitation or is harmful to his or her health and safety or physical, mental or psychosocial development. Child labor is prohibited and punishable by law (Sec 16, RA 7610).
1. All forms of slavery (see definition in 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; 2. The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; 3. The use, procuring or offering of a child for illegal or illicit activities, including the production or trafficking of dangerous drugs or volatile substances prohibited under existing laws; or 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.
Under Section 14 of RA 7610 (also Sec 6, DO 65-04) no child below 18 years of age 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. Thus, while children may be hired as ad models or endorsers of commercial products, they cannot be engaged in those advertisements specifically mentioned under Sec 14. Otherwise, this could pose a serious threat to the childs social and psychological development both the child endorser and the children who may be able to watch these ads. They might think that it is alright for kids to drink, smoke, gamble or commit violence or pornography.
Article 140 of the Labor Code prohibits child discrimination. This means that an employer should treat a minor employee in the same manner as adult employees, with respect to terms and conditions of employment. In fact, the child should be given more favorable conditions, considering his age and physical capabilities.