QuestionsQuestions (Republic Act No. 9231)
The State must provide special protection to children from all forms of abuse, neglect, cruelty, exploitation, discrimination, and other conditions prejudicial to their development including child labor and its worst forms; it must provide sanctions and carry out programs for prevention/deterrence and crisis intervention, and intervene when parents/guardians/teachers/persons with custody fail or are unable to protect the child.
Generally they may not be employed except (1) when they work directly under the sole responsibility of their parents/legal guardian and only family members are employed, provided employment does’t endanger life/safety/health/morals and doesn’t impair normal development and the parent/guardian provides prescribed primary and/or secondary education; or (2) when the child’s employment/participation in public entertainment or information is essential, with an employment contract concluded by parents/legal guardian with express agreement of the child (if possible) and approval of the DOLE, subject to strict requirements on protection, prevention of exploitation/discrimination, and a training/skills program, and the employer must first secure a work permit.
The employer must first secure, before engaging the child, a work permit from the Department of Labor and Employment (DOLE) to ensure observance of the statutory requirements.
“Child” applies to all persons under eighteen (18) years of age.
Not more than twenty (20) hours a week, and in no case more than four (4) hours in any given day.
Not more than eight (8) hours a day and in no case beyond forty (40) hours a week.
(a) Below fifteen (15): no work between 8:00 PM and 6:00 AM the following day. (b) Fifteen (15) but below eighteen (18): no work between 10:00 PM and 6:00 AM the following day.
The wages, salaries, earnings, and other income of the working child belong to the child in ownership.
The child’s income is set aside primarily for the child’s support, education, or skills acquisition and secondarily to the collective needs of the family; however, not more than 20% may be used for collective family needs.
Both parents administer it; if one is absent or incapacitated, the other parent administers; if both are absent/incapacitated, the order of preference on parental authority under the Family Code applies.
To preserve part of the working child’s income; at least 30% of the child’s earnings must be set aside in a trust fund for support, education, or skills acquisition-related purposes, subject to accounting requirements.
It applies to a working child below 18 years of age whose wages/salaries and other income amount to at least P200,000 annually; the parent/legal guardian must set up the trust fund and provide semi-annual accounting to DOLE, and the child has full control upon reaching the age of majority.
No child shall be engaged in the worst forms of child labor. It includes: (1) all forms of slavery and similar practices like sale/trafficking, debt bondage, forced labor, including recruitment for armed conflict; (2) use/procuring/offering/exposing for prostitution, production of pornography, or pornographic performances; (3) use/procuring/offering for illegal activities such as production/trafficking of dangerous drugs and volatile substances prohibited by law; and (4) work by its nature/circumstances that is hazardous or likely harmful to children’s health/safety/morals, including degrading/demeaning work, exposure to abuse, underground/underwater/dangerous heights, dangerous machinery/tools, dangerous feats/heavy loads, unhealthy hazardous environment/substances/extreme temperatures/noise/vibration, particularly difficult conditions, biological agents, or manufacture/handling of explosives and pyrotechnic products.
Any employer who violates Sections 12, 12-A, and Section 14 is penalized by imprisonment of 6 months and 1 day to 6 years, or a fine of not less than P50,000 but not more than P300,000, or both at the discretion of the court.
Violators of Section 12-D (or employers/facilitators employing a child in hazardous work) face a fine of not less than P100,000 but not more than P1,000,000, or imprisonment of not less than 12 years and 1 day to 20 years, or both. For Section 12-D(1) and 12-D(2), prosecution and penalties follow R.A. 9208 (maximum period); for Section 12-D(3), follow R.A. 9165 (maximum period).
After due notice and hearing, the Secretary may order closure of any business firm/establishment found to have violated the Act more than three (3) times; immediate closure is also allowed if the violation resulted in death/insanity/serious physical injury of a child, or if the firm is engaged in prostitution or obscene/lewd shows.