Law Summary
State Policy and Principles
- Special protection for children against abuse, exploitation, discrimination, and harmful conditions including child labor.
- State intervention if parents or guardians fail to protect children.
- Paramount consideration to the best interest of children, aligned with the UN Convention on the Rights of the Child.
- Promotion of children’s welfare and development opportunities.
Definitions
- Child: person under 18 years.
- Child Labor: work harmful or exploitative to children.
- Working Child: children working under specified conditions not constituting child labor.
- Employer: any person or entity benefiting from a child’s work.
- Other terms defined include parent, guardian, workplace, public entertainment, forced labor, child pornography, etc.
Prohibition on Employment
- Children under 15 years prohibited from work except in specified exceptions.
- Complete ban on worst forms of child labor such as slavery, prostitution, hazardous work, drug trafficking.
- Ban on employment of children under 18 in advertisements promoting alcohol, tobacco, gambling, violence, or pornography.
Exceptions to Employment Prohibition
- Children working under sole parental or guardian responsibility within family.
- Children in public entertainment under conditions: limited hours, education preserved, work permits secured.
Work Permit Requirements
- Mandatory for children under 15 to work.
- Employer must apply to Department of Labor and Employment Regional Office.
- Required documents: application, proof of schooling or education program, birth certificate, medical certificate, photos, employer identity proof.
- Application fee and validation procedures detailed.
- Permit valid up to one year.
- Special provisions for hiring spot extras in entertainment.
Hours of Work
- Children under 15: max 20 hours per week, max 4 hours daily.
- Children 15-18: max 8 hours daily, max 40 hours weekly.
- Night work prohibited for children under specified age ranges.
- Certain travel and sleeping time excluded.
Working Child’s Income
- Income belongs to the child, prioritized for support, education, skills acquisition.
- Up to 20% may be used for family needs.
- Administration by parents or designated guardians following order of preference.
- Income to be preserved in trust fund or savings, with detailed rules based on income level.
- Accounting and reporting required for trustee.
Education and Related Services
- Guarantee of access to formal, non-formal, or alternative education.
- Employers must ensure child’s education is not impaired.
- State to provide free legal, medical, and psycho-social support.
- Collaboration with various agencies and NGOs encouraged.
Enforcement and Administrative Actions
- Secretary of Labor or Regional Director to order closure in severe violations.
- Immediate and permanent or temporary closure provisions with employer obligations.
- Suspension or cancellation of work permits for violations.
- Graduated sanctions for repeated violations.
- Summary proceedings with timeline and opportunity to be heard.
- Promotion of industry self-regulation and guidelines.
- Fines collected to fund programs preventing child labor.
Filing Complaints and Legal Proceedings
- Complaints filed in regular courts as provided by law.
- Investigation reports forwarded to prosecutors for criminal charges.
Miscellaneous Provisions
- Supersedes previous related regulations.
- Does not impair prior contracts.
- Severability clause ensures continued effect if part is invalidated.
- Effectivity set at 15 days after publication.