Closure After Notice and Hearing
- Closure can be ordered by the Secretary of Labor or Regional Director for violations of R.A. 9231 repeated more than three times.
- Requires prior written notice and summary hearing before issuing closure order.
- Hearing is summary in nature but due process is accorded unless immediate closure applies.
Grounds and Procedures for Immediate Closure
- No prior notice or hearing needed if:
- Violation causes death, insanity, or serious injury to a child employee.
- Child employed in prostitution or obscene/lewd shows.
- There is imminent danger to child’s life or limb (defined as a condition likely to cause death/serious harm before enforcement).
- Immediate means closure within five (5) working days from receipt of complaint and documentary evidence.
- Closure order must be supported by evidence such as inspection reports, birth certificates, sworn statements, medical exams, time records, photos, accident reports, UV tests, and business permits.
- Procedure is "close-now-hear-later" where a subsequent hearing is held to affirm or reverse closure.
Rescue Operations and DOLE's Role
- Closure proceedings can be initiated by DOLE motu proprio or upon complaint, with or without DOLE presence during rescue operations.
- DOLE participation in rescue operations is encouraged to validate complaints quickly.
- Complaints filed after a rescue without DOLE presence will be investigated through inspections and ocular visits.
Application of Other Laws and Procedures
- Pending specific implementing rules for amended Section 16 of R.A. 7610, existing Rules on Disposition of Labor Standards Cases and Philippine Rules of Court apply to closure and related administrative cases.
- Regional Offices must follow this Circular and relevant laws for all closure proceedings related to child labor violations under R.A. 7610 as amended by R.A. 9231.