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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
As a general rule, no child below fifteen (15) years of age shall be employed, permitted or suffered to work in any public or private establishment. The exceptions are: (1) when the child works under the sole responsibility of his/her parents or guardian, provided that only members of the child’s family are employed, and (2) when the child’s employment or participation in public entertainment or information is essential, regardless of the extent of the child’s role.
Children have the right to be protected from doing work that is dangerous or bad for their education, health or development. If children work, they that the right to be safe and be paid fairly.
The law says:
“States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.
“States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article.
To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum age for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article. (Article 32, United Nations Convention on the Rights of a Child)
Further, under Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act provides that a working child shall have the right to:
- Protection, health, safety, morals, and normal development;
- Measures to prevent his/her exploitation or discrimination;
- Continuing program for training and skills acquisition; and
- Protection against the worst forms of child labor. (Section 12, R.A. No. 7610, as amended by Section 2, R.A. No. 7658)
Who is a “working child”?
For legal purposes, the term “working child” shall refer to any child engaged to work under the following circumstances:
- When the child is below eighteen (18) years of age, in work or economic activity that is not “child labor”; and
- When the child below fifteen (15) years of age:
(a) In work where he/she is directly under the responsibility of his/her parents or legal guardian and where only members of the family of the child are employed; or
(b) In “public entertainment or information” which shall refer to artistic, literary, and cultural performances for television show, radio program, cinema or film, theater, commercial advertisement, public relations activities or campaigns, print materials, internet, and other media.
When can a child be considered as a working child?
As a general rule, no child below fifteen (15) years of age shall be employed, permitted or suffered to work in any public or private establishment. The exceptions are: (1) when the child works under the sole responsibility of his/her parents or guardian, provided that only members of the child’s family are employed, and (2) when the child’s employment or participation in public entertainment or information is essential, regardless of the extent of the child’s role.
The law says:
SEC. 12. 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 parents or legal guardian and where only members of the employer’s family are employed: Provided, however, That his employment neither endangers his life, safety, health and morals, nor impairs his normal development; Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or
2) Where a child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential: Provided, 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. (Section 12, R.A. No. 7610, as amended by Section 1 R.A. 7658)
In all instances of employment of a child, the employer shall endeavor to protect the rights of the working child, ensuring that the following safeguards are observed.
Right to Protection, Health, Safety, Morals and Normal Development
The law says:
“The employer shall ensure the protection, health, safety, morals and normal development of the child.” [Section 12, par. 2 (a), R.A. No. 7610, as amended by Section 1 R.A. 7658]
Right against Exploitation and Discrimination in the workplace
The law says:
“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.” [Section 12, par. 2 (b), R.A. No. 7610, as amended by Section 1 R.A. 7658]
Right to a Continuing Program for Training and Skills Development
The law says:
“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.” [Section 12, par. 2 (c), R.A. No. 7610, as amended by Section 1 R.A. 7658]
It is important to note that 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. The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.” (Section 12, R.A. No. 7610, as amended by Section 1 R.A. 7658)
Related article: Pre-Employment Requirements of Child Workers
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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