Penal Provisions of RA 9231

So now we come to the penalties for violations of RA 9231.

1.) Violations of the employment guidelines for children in RA 9231, including their hours of work (as well as the advertisement prohibition) are punishable by imprisonment of 6 months and 1 day to 6 years and/or a fine of Php50,000 to 300,000.00.

2.) Violations of the prohibitions on child labor by the employer/contractor or any person are punishable by imprisonment of 12 years and 1 day to 20 years and/or a fine of Php100,000 to 1 Million.

3.) Violations of numbers 1 and 2 of the same prohibitions will be punishable under RA 9208. The penalty will be set at its maximum period.

4.) Violations of number 3 of the prohibitions with regard to dangerous drugs will be punishable under the provisions of the Dangerous Drugs Act covering minors.

5.) If a corporation is responsible for the crime, the officers responsible will be punished.

6.) Parents, whether biological or not, who violate the guidelines on working children will be fined Php10,000 to 100,000 and/or be made to perform community service for 30 days to 1 year. The penalty will be set at its maximum if the violations were committed 3 times. If the violation is committed for more than 3 times, a penalty of imprisonment for 30 days to 1 year will be imposed in addition to community service.

7.) The secretary of the DOLE can, after due notice and hearing, order the closure of any establishment found to have violated the provisions of RA 9231 more than 3 times. The closure can also be ordered if:

a.) The violation led to the death, insanity or serious physical injury of a child working in the establishment

b.) The establishment is engaged in prostitution or obscene/lewd shows

In case of closure, the employer must pay the employees separation pay and other monetary benefits provided by law.