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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- No child shall be deprived of formal or non-formal education.
- The employer of a working child shall provide the latter with access to at least primary and secondary education.
- To ensure and guarantee the access of the working child to education and training, the Department of Education shall formulate and implement relevant and effective educational program.
Republic Act No. 9231 or the Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child, in its policy to promote the best interests of a child, provides that “no child shall be deprived of formal or non-formal education”. (Section 4, R.A. No. 9231, amending Section 13 of R.A. No. 7610)
The law says:
“Access to Education and Training for Working Children –
“a) No child shall be deprived of formal or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and secondary education.
“b) To ensure and guarantee the access of the working child to education and training, the Department of Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course designs and educational programs; (2) conduct the necessary training for the implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and materials; and (4) conduct continuing research and development program for the necessary and relevant alternative education of the working child.
“c) The DEPED shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.” (Section 4, R.A. No. 9231, amending Section 13 of R.A. No. 7610)
Further, Section 3, R.A. No. 9231, amending Section 12-B of R.A. 7610 provides that “the wages, salaries, earnings and other income of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs of the family, provided that not more than twenty percent (20%) of the child’s income may be used for the collective needs of the family” (Emphasis supplied.)
Related article: Worst Forms of Child Labor
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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