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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
- The employer shall ensure the protection, health, safety, morals and normal development of the child.
- 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.
- 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.
- Any employer who violates the provisions on hours of work under Republic Act No. 7610, as amended, shall be penalized by imprisonment of six (6) months and one (1) ay to six (6) years or a fine of not less than Fifty Thousand Pesos (PhP50,000.00) but not more than Three Hundred Thousand Pesos (PhP300,000.00) or bot at the discretion of the court.
Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, as amended, provides for the duties and responsibility of employers engaging in child labor, or those that have under their employ child workers.
Every employer shall comply with the duties provided for under Presidential Decree No. 603, in relation to working children. (Section 15, R.A. 7610)
In the cases where any working 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.
Under Presidential Decree No. 603 or the Child and Youth Welfare Code:
Article 108. Duty of Employer to Submit Report. – The employer shall submit to the Department of Labor 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 shall refer such handicapped children to the proper government or private agencies for vocational guidance, physical and vocational rehabilitation, and placement in employment.
Article 109. Register of Children. – Every employer in any commercial, industrial or agricultural establishment or enterprise shall keep:
- A register of all children employed by him, indicating the dates of their birth;
- A separate file for the written consent to their employment given by their parents or guardians;
- A separate file for their educational and medical certificates; and
- A separate file for special work permits issued by the Secretary of Labor in accordance with existing laws.
The liability of employers for engaging in prohibited forms of child labor is provided for under Section 16 of R.A. No. 7610, as amended by Section 6 of R.A. No. 9231.
The law says:
Sec. 16. Penal Provisions –
“a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or both at the discretion of the court.
“b) Any person who violates the provision of Section 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 One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years, or both such fine and imprisonment at the discretion of the court.
“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 Section 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 afore-cited, 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 Section. (Section 16 of R.A. No. 7610, as amended by Section 6 of R.A. No. 9231)
Question: For whose benefit shall the fines collected pursuant to R.A. No. 7610, in relation to prohibited forms of child labor accrue?
Answer. The Fines collected shall be kept and used exclusively for the needs of the working children. The law says:
“Sec. 16-A. Trust Fund from Fines and Penalties – The fine imposed by the court shall be treated as a Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for the needs, including the costs of rehabilitation and reintegration into the mainstream of society of the working children who are victims of the violations of this Act, and for the programs and projects that will prevent acts of child labor.” (Section 16-A of R.A. No. 7610, as amended by Section 7 of R.A. No. 9231)
Related article: Working Child’s Right to Education
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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