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CHILD or MINOR or YOUTH

(P.D. 603, Art. 2)



Persons below TWENTY-ONE YEARS of age
except those emancipated in accordance with
law
CHILD(R.A. 7610)

Below 18 years of age
Over 18 but are unable to fully take care of
themselves or protect themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition
Act. No. 3071
Revised Penal Code
R.A. 679
ILO Convention Nos. 59, 77 & 90
R.A. 2714
P.D. 148
P.D. 442 - Labour Code
P.D. 603 - Child and Youth Welfare Code
U.N. Convention on the Rights of the Child
R.A. 7610 - The Child Protection Law
R.A. 7658


INTERNATIONAL INSTRUMENTS
International Covenant On Economic, Social
And Cultural Rights
Convention on the Rights of the Child

NATIONAL LAWS
Philippine 1987 Constitution
Child And Youth Welfare Code (P.D. 603)
It is even legally permissible to
hire a child under 15, but only in
two instances and subject to
strict conditions (RA 7610, as
amended by RA 9231; cf. DOLE
DO No. 65-04).
FIRST:
- under sole responsibility of parents or
guardian
- only members of the childs family are
employed.

Ex: family businesses
SECOND:
- public entertainment
- information is essential
-express agreement (7-14 years old)

1. Employer to comply: Rules on hours of work
for minors
2. Employment: NOT endanger child
3. Employer: provide mandatory elementary or
secondary education
4. Employer :secure work permit from DOLE
The employer should
obtain first a work permit
before hiring a minor
below 15 (Sec 12, RA 7610,
as amended).
1. Terms and Conditions of
employment:
Hours of work
Number of working days
Remuneration
Rest period
2. Measures to ensure protection, health,
safety, morals, and normal development of the
child:
a) comfortable workplace and adequate quarters;
b) break or rest periods in comfortable day beds or couches;
c) clean and separate dressing rooms and toilet facilities for
boys and girls;
d) provision for adequate meals and snacks and sanitary
eating facility;
e) provision of all the necessary assistance to ensure the
adequate and immediate medical and dental attendance and
treatment to an injured or sick child in case of emergency.



There must be proof that the child is enrolled
and regularly attending elementary or
secondary school classes, except when the child
is below seven years old. The employer must
submit either:
1. A certificate of enrolment for the current year
or current school identification or report card;
or
2. If the child is not enrolled, a brief description of
the program for education, training and skills
acquisition for the child (cf. Sec 19b, DO 65-04)

While the law allows employment of
minors including those below 15, it does
not allow that such work will interfere
with the childs education, be it formal,
non-formal or other alternative forms of
learning. The employer cannot make a
child work during his/her school hours,
and hinder his/her access to education
during school days (Sec 19, DO 65-04).

The employer must submit an
authenticated copy of the childs
Birth Certificate or a Certificate of
late Registration of Birth issued by
the NSO or the city/municipal
registrar.


This is to prove that the child is
fit to undertake the job or
activity which he or she is
engaged to perform.


When the employer is the parent, guardian, or a
family member other than the parent of the
child, he/she shall present any valid document
such as latest passport, latest postal/company
identification card, and drivers license
establishing his/her identity.
In addition to proof of identity, a legal guardian
is also required to present a duly authenticated
proof of legal guardianship. A family member
other than the parents is also required to present
any proof of relationship to the child.


When the employer is in public
entertainment or information, he/she shall
submit a certified true copy of business
permit or certificate of registration and a
written employment contract to be approved
by the Department. Agreement of the child
to the contract is necessary when he or she is
between seven and below 15 years of age.


The requirements do not apply when the child is employed
only as a spot extra in public entertainment or information
(Sec 13, DO 65-04). Spot extras are those who are cast
outright on the day of the filming or taping. What is
required is of the employer is to file a notice with the
Regional Office where the work is to be performed that it
will undertake activities involving child work. The notice
must state the approximate number of child workers to be
employed, the date, place and time the work is to be
performed, and an undertaking that the employment shall
be in conformity with the law and the implementing rules
(RA 9231 and IRR or DO 65-04).


If the child is aged 15, his or her working hours
should not be more than four hours a day or not
more than 20 hours a week. He or she should not
be allowed to work between 8:00 pm and 6:00
am of the next day. (Sec 12-A, RA 7610)
If the child is 15, 16, or 17, his or her hours of
work should not exceed eight hours a day or not
more than 40 hours a week. He or she should not
work between 10:00 pm and 6:00 am of the
following day. (Sec 12-A, RA 7610)


The employer cannot assign tasks or activities
that threaten the childs life, safety, health and
morals or that which impairs his or her normal
development. Allowing a child to work in a
hazardous undertaking is considered one of the
worst forms of child labor (Sec 12(D)(4), RA
7610). DOLE Department Order No. 004-99
declares the following work and activities as
hazardous to persons below 18 years of age:

1. Work which exposes children to physical, psychological or sexual
abuse, such as in lewd shows, cabarets, bars (KTV, karaoke bars),
dance halls, bath houses and massage clinics. escort service,
gambling halls and similar places
2. Work underground, under water, at dangerous heights or at
unguarded heights of two meters and above, or in confined
places. The most common are mining and deep sea fishing or
diving.
3. Work with dangerous machinery, equipment and tools, or which
involves manual handling or transport of heavy loads, such as in
logging, construction, quarrying, and similar work
4. Work in an unhealthy environment which may expose children
to hazardous processes, to temperatures, noise levels or
vibrations damaging to their health, to toxic, corrosive,
poisonous, noxious, explosive, flammable and combustible
substances or composites, to harmful biological agents, or to
other dangerous chemicals including pharmaceuticals
5. Work under particularly difficult conditions such as work for long
hours or during the night, or work where the child is
unreasonably confined to the premises of the employer.


Child labor refers to any work or economic
activity performed by a child that subjects
him or her to any form of exploitation or is
harmful to his or her health and safety or
physical, mental or psychosocial
development. Child labor is prohibited and
punishable by law (Sec 16, RA 7610).

1. All forms of slavery (see definition in Anti-trafficking in Persons
Act of 2003) or practices similar to slavery such as sale and
trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in
armed conflict;
2. The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances;
3. The use, procuring or offering of a child for illegal or illicit
activities, including the production or trafficking of dangerous
drugs or volatile substances prohibited under existing laws; or
4. Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health,
safety or morals of children.

Under Section 14 of RA 7610 (also Sec 6, DO 65-04) no
child below 18 years of age shall be employed as a model
in any advertisement directly or indirectly promoting
alcoholic beverages, intoxicating drinks, tobacco and its
byproducts, gambling or any form of violence or
pornography. Thus, while children may be hired as ad
models or endorsers of commercial products, they cannot
be engaged in those advertisements specifically
mentioned under Sec 14. Otherwise, this could pose a
serious threat to the childs social and psychological
development both the child endorser and the children
who may be able to watch these ads. They might think
that it is alright for kids to drink, smoke, gamble or
commit violence or pornography.


Article 140 of the Labor Code prohibits child
discrimination. This means that an employer
should treat a minor employee in the same
manner as adult employees, with respect to
terms and conditions of employment. In fact,
the child should be given more favorable
conditions, considering his age and physical
capabilities.