I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Under Art. 139 (a) of the Labor Code the minimum employable age is 15, and a minor below that age is allowed to work only if he's under the supervision of his parents or guardians. Also, his work must not interfere with his schooling. Jobs that the DOLE secretary determines as hazardous or deleterious in nature are not to be undertaken by people below the age of 18. Added to this is Art. 107 of PD 603 (the Child and Youth Welfare Code) which requires that children below 16 can only engage in light work that isn't harmful to their health, safety or development, or interferes with their studies.
Employers are also required not to discriminate against people simply because of their age. Also, they are required to submit a report to the DOLE of children working in their establishments, with a separate report on children found to be handicapped after undergoing a medical examination. The employer must also keep a file of children working under him, which also includes their dates of birth; a separate file of the written consent of their parents/guardians; another for their educational and health certificates; and, lastly, a file for their special work permits issued by the DOLE secretary.
Art. 273 of the Revised Penal Code is the legislative implementation of the constitutional prohibition against involuntary servitude, in this case, on children. Minors can't be made to work to pay off their parent/guardian's debts.
RA 7610 (amended by RA 9231)
Minors below 15 can participate in public entertainment or information through cinema, TV, radio or theater if the contract is concluded by the child's parents or guardians with the child's express agreement and approval of the DOLE before the child takes the job. The employer is expected to provide the following:
1.) Ensure the child's protection, health, safety, morals and normal development.
2.) Put up measures to protect the child from exploitation and discrimination considering the system and level of remuneration (payment.)
3.) Formulate and implement a continuing program for the child's training and skills acquisition.
The DepEd has the task of making a course design in its non-formal program to promote intellectual, moral and vocational efficiency in case a working child hasn't finished or entered grade school or high school.
In view of this, children can't work in mines, casinos and (in case of models) promote alcoholic beverages or perform acts on stage, in public or on camera which are supposed to be reserved for grown-ups. These are considered hazardous.
Art. 278 of the Revised Penal Code and RA
9231, which amends RA 7610 (the Child Abuse Law) gives a list of jobs
prohibited to minors:
Art. 278, RPC
1.) Making a child below 16 perform
dangerous feats of balancing, strength or contortion (like walking a
tightrope.)
2.) Acrobats, gymnasts, divers,
rope-walkers, animal tamers, circus managers or people in a similar profession
making children follow their profession if these children aren't their
descendants and below 16.
3.) If the children in #2 are their
descendants, making them do these jobs while below the age of 12.
4.) Ascendants (parents, grandparents,
etc.,) guardians or teachers turning over children to the people in #2 or to habitual
vagrants or beggars.
RA 7610 (amended by RA 9231)
Minors below 15 can participate in public entertainment or information through cinema, TV, radio or theater if the contract is concluded by the child's parents or guardians with the child's express agreement and approval of the DOLE before the child takes the job. The employer is expected to provide the following:
1.) Ensure the child's protection, health, safety, morals and normal development.
2.) Put up measures to protect the child from exploitation and discrimination considering the system and level of remuneration (payment.)
3.) Formulate and implement a continuing program for the child's training and skills acquisition.
The DepEd has the task of making a course design in its non-formal program to promote intellectual, moral and vocational efficiency in case a working child hasn't finished or entered grade school or high school.
In view of this, children can't work in mines, casinos and (in case of models) promote alcoholic beverages or perform acts on stage, in public or on camera which are supposed to be reserved for grown-ups. These are considered hazardous.
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