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!
RA 9231 amended the provisions for working children in RA 7610. For purposes of RA 9231, the definition of a "child" is "all persons below 18." This is different from the definition in RA 7610, but RA 9231's definition of the child doesn't amend that of RA 7610. It merely determines the definition of a child for labor purposes.
In relation to the article on minors, children below 15 cannot be employed except in the following scenarios:
1.) If working directly under the sole responsibility of his/her parents/legal guardians and only where members of his/her family are employed. The child's employment must not endanger his/her life, safety, health and morals and must not impair his/her normal development. The parents and legal guardians must also provide him/her with the prescribed primary and/or secondary education.
2.) In case the child's employment is in showbiz (child actors,) the employment contract must be concluded by his parents/legal guardians with the child's express agreement (if possible) and approved by the DOLE. Compliance must be made with regard to the following:
a.) The employer shall ensure the child's protection, health, safety, morals and normal development.
b.) Measures must be taken by the employer to prevent the child's exploitation or discrimination, taking into account the system and level of remuneration as well as duration and arrangement of working time.
c.) The employer shall formulate and implement a continuing program for the child's training and skills acquisition. This is subject to approval and supervision by competent authorities.
d.) The employer must obtain a working permit for the child from the DOLE before engaging him/her.
Hours of Work
1.) Below 15
Not more than 20 hours a week, maximum of 4 hours a day. No work between 8PM to 6AM of the next day.
2.) 15-17 years old
Maximum of 40 hours a week, not more than 8 hours a day. No work between 10PM to 6AM of the next day.
The Child's Income
The child is the owner of his/her income and it must be set aside primarily for his education, skills acquisition and support. The needs of his/her family take secondary importance with regard to the child's income. 20% of the income may be set aside for the family's needs.
The child's income shall be administered by the parents, or by the parent who still holds parental authority if the other parent loses authority. In case both parents are absent or incapacitated, the order of preference on parental authority in the Family Code will apply.
A trust fund taken from 30% of the child's income is to be set aside by the parents/legal guardians if the income is at least Php200,000 a year, and they are required to make a semi-annual report to the DOLE for that purpose.
When the child reaches the age of majority, he/she will have full control of the trust fund.
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