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Wednesday, October 12, 2011

Minors

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.

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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