CHILD LABOR-RELATED LAWS

AND POLICIES

Training on the Family Development Session Module Against Child Labor

25 October 2017
Seorabeol Grand Leisure Hotel, Olongapo City
 Republic Act
No. 9231
and its
Implementing
Rules and
Regulations
 State Policy and Principles

The State shall provide special protection

to children from all forms of abuse,
neglect, cruelty, exploitation and
discrimination, and other conditions
prejudicial to their development including
child labor and its worst forms
 Definition of Terms

Child - any person under 18 years of age

Child Labor
- any work or economic activity performed by a
child that:

subjects him/her to any form of

exploitation; or

is harmful to his/her health and safety or

physical, mental or psychosocial
development
 Definition of Terms

Working Child

child below 18 years of age who performs work or

economic activity that is not child labor

child below 15 years of age who works:

- directly under the responsibility of

his/her parents or legal guardian; or

- in public entertainment or information

 Definition of Terms

Employer
- any person who, whether for valuable
consideration or not, directly or indirectly procures,
uses, avails itself of, contracts out or otherwise
derives benefit from the work or services of a child
in any occupation, undertaking, project or activity,
whether for profit or not. It includes any person
acting in the interest of the employer.
 Prohibitions
No child below the age of 15 shall be employed,
permitted or suffered to work, in any public or private
undertaking

No child below 18 years old shall be:

engaged in the worst forms of child labor; or
used as model in any advertisement promoting:
- alcoholic beverages
- intoxicating drinks
- tobacco and its byproducts
- gambling or any form of violence
- pornography
 Worst Forms of Child Labor

All forms of slavery as defined in the Anti-Trafficking

in Persons Act of 2003, including recruitment of
children for use in armed conflict
Prostitution or Pornography

Illegal or illicit activities, including production and

trafficking of dangerous drugs or volatile
substances

Work which is hazardous or likely to be harmful

to the health, safety or morals of children
 Exceptions to the
Prohibition on Employment
of Children Below 15
Years of Age

Child works under the sole responsibility of

his/her parents or guardian, where only
members of the child’s family are employed

Child’s employment or participation in public

entertainment or information is essential
 Conditions for Employment
of Children Below 15 Years
of Age
Total number of hours worked shall not be more than
20 hours a week and not more than 4 hours a day

Employment neither endangers child’s life, safety,

health and morals, nor impairs child’s normal
development
Child is provided with at least elementary or
secondary education

Work permit for the child

 Work Permit

refers to the permit secured by the

employer, parent or guardian from the
DOLE for any child below 15 years of
age in any work allowed under
RA 9231
 Requirements for the
Issuance of Work Permit

Application form for work permit

Proof of schooling
(if child is 7 years of age and above and is in-school)

Brief description of the program of education, training

and skills acquisition
(if child is 7 years of age and above and is not enrolled)

Child’s Birth Certificate or Certificate of Late

Registration of Birth

Medical Certificate
 Requirements for the
Issuance of Work Permit

Two passport size photos of the child

Any proof of identity (if employer is the parent, guardian

or family member other than parent of the child):

- latest passport; or
- latest postal/company identification card; or
- driver’s license; or
- authenticated proof of legal guardianship
(for legal guardian); or
- proof of relationship to the child
(for family member)
 Requirements for the
Issuance of Work Permit

If employer is in public entertainment or information:

- Employment contract of the child

- Certified true copy of Business Permit or
Certificate of Registration

P100 application fee

 Employment of Spot Extras

Work permit requirements are not

applicable to spot extras. Instead their
employer shall submit to DOLE a Notice of
Employment of Spot Extras

Spot extras – those being cast outright on

the day of the filming or taping
 Hours of Work

Include:

all time during which a child is required

to be at a prescribed workplace; and
all time during which a child is suffered
or permitted to work

Rest periods of short duration during working

hours shall be counted as hours worked
 Hours of Work
Below 15 Years of Age
not more than 20 hours a week
not more than 4 hours at any given day
not allowed to work between 8:00pm and
6:00 am of the following day

15 Years of Age but Below 18

not more than 40 hours a week
not more than 8 hours a day
not allowed to work between 10:00pm and
6:00 am of the following day
 Working Child’s Income

Ownership Usage Administration

The wages, Primarily for Child’s parents or

salaries, his/her support, guardian shall:
earnings and education or
other income skills acquisition - administer the child’s
of the child income
belong to Secondarily, for the - set up Trust Fund or
him/her in collective needs of Savings Account
ownership the family but
should not exceed - render semi-annual
20% of the child’s accounting of the
income Trust Fund to the
DOLE
 Preservation of the
Working Child’s Income

Trust Fund Savings Account

at least 30%
at least 30% if
if annual gross
annual gross
earnings is at
earnings is less than
least
P200,000
P200,000
 Education, Training and
Other Services for the
Working Child

Access to:

Formal, non-formal or alternative learning

systems of education

- at least elementary and/or secondary education

- continuing program for education and training

Free legal, medical and psycho-social services

 Grounds for Suspension
and
Cancellation of Work Permit

Fraud or misrepresentation in the application or any

of its supporting documents
Violation of the terms and conditions in the child’s
employment contract
Failure of the employer to:

- institute measures to safeguard the welfare of the

working child; or
- formulate and implement program for the education,
training and skills acquisition of the child

Child has been deprived access to education

 DOLE’s Administrative
Sanctions

1. Immediate and PERMANENT CLOSURE of the

establishment if:

a) violation resulted in the death, insanity or serious

physical injury of a child; or
b) employing a child for prostitution or obscene or
lewd shows

2. Immediate and TEMPORARY CLOSURE of the

establishment if there is imminent danger to life
and limb of the child
 DOLE’s Administrative
Sanctions

3. In both cases, require the employer to shoulder the

following:
a) transportation cost of the child from place of work to
DSWD-accredited halfway house and child’s
residence;
b) total actual cost of medical management, recovery
and reintegration of the child; or
c) child’s funeral expenses in case of death

4. CLOSURE of any establishment found to have violated

any of the provisions of RA 9231 more than 3 times
not resulting in death, insanity or injury of the child
 Penalties
Violation on employment of children below 15
years of age; hours of work; and prohibition
on employment of children as model in certain
advertisements
Fine of not less than P50,000 but not more
than P300,000 ; or
Imprisonment of 6 months and 1 day to
6 years; or
Both fine and imprisonment

Violator: Any employer

 Penalties

Violation on prohibition against worst forms

of child labor/hazardous work
Fine of not less than P100,000 but not more
than P1M; or
Imprisonment of not less than 12 years and
1 day to 20 years; or
Both fine and imprisonment

Violator: Any person or the employer of the

subcontractor
 Penalties
Violation on engaging children in all forms of slavery
defined under “Anti-Trafficking in Persons Act of
2003”; recruitment of children for use in armed
conflict; prostitution or pornography

Penalty is in accordance with RA 9208

and shall be imposed in its maximum
period (life imprisonment and a fine
of not less than P2M but not more
than P5M)

Violator: Any person

 Penalties

Violation on use of children for illegal or illicit

activities, including production and trafficking
of dangerous drugs and volatile substances

Penalty shall be in accordance with RA 9165

(Comprehensive Dangerous Drugs Act of 2002)
in its maximum period (life imprisonment to
death and a fine ranging from P500,000 to
P10M)

Violator: Any person

 Penalties

If a corporation violates RA 9231, the

board of directors/trustees and officers
including the president, treasurer and
secretary who knowingly allowed the
violation, shall be penalized accordingly.
 Penalties
If parents and legal guardians violate provisions
concerning employment of children below 15
years of age; hours of work; ownership, usage
and administration of child’s income;
and Trust Fund
Fine of not less than P10,000 but not more
than P100,000; or
Render community service for not less than
30 days but not more than 1 year; or
Both fine and community service
 Penalties

Provided, that the maximum length of community

service shall be imposed on parents or legal guardians
who have violated the said provisions for 3 times;

Provided further, that in addition to community

service, the penalty of imprisonment of 30 days but
not more than 1 year or both at the discretion of the
court, shall be imposed on the parents or legal guardians
who have violated the same said provisions for
more than 3 times
 Trust Fund from Fines

DOLE shall set up and administer Trust

Fund from fines imposed by the court
for the needs of children victims of
violation of this law and for programs
that will prevent child labor
 Who May File a Complaint
Offended party
Parents or guardians
Ascendant or collateral relative within third degree of
consanguinity

Officer, social worker or representative of a licensed

child-caring institution

Officer or social worker of the DSWD

Barangay chairman of the place where the violation

occurred, where the child is residing or employed

At least 3 concerned, responsible citizens where the

violation occurred
 Jurisdiction

Family Courts; or

Regional Trial Courts; or

Municipal Trial Courts

 Jurisdiction
Preliminary investigation of cases - within 30 days
from date of filing

If there is a prima facie case, corresponding

information shall be filed within 48 hours from
termination of investigation

Trial of cases shall be terminated not later than

90 days from date of filing of information

Decision on cases shall be rendered within 15 days

from date of submission of the case
 Other Related
Laws and Policies
 Republic Act No. 10821
Children’s Emergency Relief and Protection Act

Provides that upon the declaration of a national and local

state of calamity, the PNP and the DSWD, with the
assistance of the AFP operating units in the area and local
councils against trafficking and violence against women
and their children, in accordance with existing laws, shall
immediately heighten comprehensive measures and
monitoring to prevent child trafficking, labor, and
prostitution, including domestic and sexual violence, in the
areas declared under a state of calamity
 Republic Act No. 10533
Enhanced Basic Education Act of 2013

Makes basic education (kindergarten, elementary,

secondary and alternative learning system) compulsory
 Republic Act No. 9208
Anti-Trafficking in Persons Act of 2003

Provides that the recruitment, transportation, transfer,

harboring or receipt of a child for the purpose of
exploitation shall be considered as trafficking in person
even if it does not involve threat or use of force or other
forms of coercion, abduction, fraud, deception, abuse of
power or opposition
 Republic Act No. 10364
Expanded Anti-Trafficking in Persons Act of 2012

Includes the worst forms of child labor defined in Republic

Act No. 9231 as acts of trafficking
 Republic Act No. 10361
Domestic Workers Act or Batas Kasambahay

Provides that the employment of domestic workers who

are 15 years old and above but below 18 years old shall be
subject to the provisions of relevant laws
 Republic Act No. 9775
Anti-Child Pornography Act of 2009

Provides that the use, procuring, offering or exposing of a

child for prostitution, for the production of pornography or
for pornographic performances is one of the worst forms of
child labor defined in Republic Act No. 9231
DOLE Labor Advisory No. 9,
Series of 2017
Guidance to Host Establishments in
Ensuring Safe Workplaces for Senior
High School Students under Work
Immersion Program
Provides that senior high school
students between fifteen (15) and
eighteen (18) years of age shall not
be exposed to hazardous materials
and environments and shall not be
required to undergo work immersion
between 10:00 p.m. and 6:00 a.m. of
the following day
DOLE Department Order
No. 175, Series of 2017
IRR of Republic Act No. 10917 (An
Act Amending Certain Provisions of
Republic Act No. 9547, Otherwise
Known as an Act Strengthening and
Expanding the Coverage of the
Special Program for Employment of
Students, Amending for the Purpose
Provisions of Republic Act No. 7323,
Otherwise Known as the Special
Program for Employment of
Students)
DOLE Department Order
No. 175, Series of 2017

• SPES beneficiaries aged 15 to

below 18 shall not be engaged in
any hazardous work or
undertaking
• Hours of work shall not be more
than 8 hours a day nor more than
40 hours a week and they shall not
be required to work from 10:00
p.m. to 6:00 a.m. of the following
day
DOLE Department Order
No. 159, Series of 2016
Guidelines for the Employment of
Migratory Sugarcane Workers

Includes a provision on prohibition

against child labor
DOLE Department Order
No. 156, Series of 2016
Rules and Regulations Governing the
Working and Living Conditions of Fishers
on Board Fishing Vessels Engaged in
Commercial Fishing Operation

Fishing vessel owners engaged in child

labor and forced labor shall be penalized
pursuant to appropriate provisions of the
Revised Penal Code, Republic Act No.
7610, Republic Act No. 7658, Republic Act
No. 9208, Republic Act No. 9231 and
Republic Act No. 10364.
DOLE Department Order
No. 141, Series of 2014
Revised Rules and Regulations
Governing Recruitment and
Placement for Local Employment

The recruitment and placement of

workers in violation of anti-child labor
laws is considered as serious offense
with an imposable penalty of
cancellation of license/authority to
recruit of private employment
agencies
 DOLE Department Order
No. 131-B, Series of 2016
Revised Rules on Labor Laws
Compliance System
• Reiterates that among the priority
establishments and workplaces in
the conduct of joint assessment
are those employing children
• Joint assessment refers to the
process of evaluating compliance
with labor laws and social
legislations jointly undertaken by
the labor laws compliance officer
and the representative of the
employers and the employees
DOLE Department Order
No. 137, Series of 2014
Guidelines in the Implementation of
the Department of Labor and
Employment Integrated Livelihood
and Emergency Employment
Programs (DILEEP)

Provides that beneficiaries of

livelihood programs of the DOLE
should not allow their children to be
engaged in child labor
DOLE Department Order
No. 149, Series of 2016
Guidelines in Assessing and
Determining Hazardous Work in the
Employment of Persons Below 18 Years
of Age

Enumerates the different work and

activities declared hazardous for
persons below 18 years of age
Guidelines in Assessing and
Determining Hazardous Work
in the Employment of Persons
Below 18 Years of Age
(Department Order No. 149, Series of 2016, as
amended)
 DO 149, Series of 2016

• Issued on 15 February 2016

• Enumerates the different work and activities
declared hazardous for persons below 18 years
of age
• Superseded Department Order No. 4, Series of
1999 (Hazardous Work and Activities to Persons
Below 18 Years of Age)
• Amended by Department Order No. 149-A,
Series of 2017
 Legal Basis
PD 442 (Labor Code of the Philippines)

No person below 18 years of age shall be

allowed in an undertaking which is
hazardous or deleterious in nature as
determined by the Secretary of Labor and
Employment
 Legal Basis

RA 9231 (Anti-Child Labor Law)

 No child below 18 years of age shall be:
 engaged in the worst forms of child labor
(including hazardous work); or
 used as model in any advertisement
promoting:
• alcoholic beverages
• intoxicating drinks
• tobacco and its byproducts
• gambling or any form of violence
• pornography
 Legal Basis

RA 10361 (Batas Kasambahay)

Employment of domestic workers who are

15 to below 18 years of age shall be
subject to the provisions of RA 7610, as
amended by RA 9231 (including
prohibition on engagement of children to
hazardous work)
 Purpose

Guidelines shall be used by the LLCOs of

the DOLE within the framework of
D.O. No. 131, Series of 2013 (Rules on
Labor Laws Compliance System) in
monitoring and assessing compliance with
labor standards, occupational safety and
health standards, and laws related to
child labor.
 Partnership

Social partners such as labor organizations,

federations, employers’ organizations and
other non-government organizations shall
be tapped to assist the Department in the
dissemination and in monitoring the
implementation of this Guidelines.
 Definition of Terms

Child – refers to any person under 18

years of age
Child – refers to any work or economic
labor activity performed by a child
that subjects him/her to any
form of exploitation or is
harmful to his/her health and
safety or physical, mental or
psychosocial development
 Definition of Terms

Dangerous – refers to any elevated

heights surface of more than (two) 2
meters

Difficult – includes work performed for

condition long hours or during the
night, or where the child is
unreasonably confined to the
premises of the employer
 Definition of Terms

Heavy load – refers to any load that weighs

more than 10 kg or 20% of a
male child’s body weight
whichever is lesser, or 8 kg or
15% of a female child’s body
weight whichever is lesser
Hazardous Work in the Employment of Children:
Based on Industry Classifications

Construction
Mining and Quarrying

Water Supply; Sewerage, Waste Management

Transportation and Storage and Remediation Activities
Hazardous Work in the Employment of Children:
Based on Industry Classifications

Forestry and Fishing and Aquaculture

Manufacturing of
Logging
alcoholic beverages,
tobacco, pyrotechnics,
rubber and plastic
products, chemicals
and chemical products,
basic metals, and
weapons and
ammunitions

Hunting, Trapping and

Related Service Activities Security and Investigation
Hazardous Work in the Employment of Children:
Farmers and Other Plant Growers

Preparatory and planting activities that

involve clearing of land, plowing,
harrowing, irrigating, constructing
paddy dike and cutting

Tending activities that involve loading

and carrying of heavy loads
Hazardous Work in the Employment of Children:
Farmers and Other Plant Growers

Harvesting activities that involve cutting and picking

Post-harvesting activities that

involve de-meating
 Hazardous Work in the Employment of Children:
Animal Producers

Rearing activities that involve maintenance

and care of large and/or dangerous animals

Harvesting activities that involve milking

in preparation for warehousing or
transport to market
Hazardous Work in the Employment of Children:
Animal Producers

Post-harvesting activities that

involve packaging and processing of
dairy and other animal by-products

Working in slaughterhouses or abattoirs

Hazardous Work in the Employment of Children:
Physical Science, Life Science, and Health
Associate Professionals

Tasks that involve operating

radiation emitting machines
Tasks that involve extracting, collecting, or
processing of human or animal blood, fecal
remains and other similar body fluids
Hazardous Work in the Employment of Children:
Sales and Services Elementary Occupations

Work that require the use of dangerous power

tools, machines, devices, and sharp
instruments

Tasks that involve handling, use,

and application of or exposure to
toxic, corrosive, flammable, and
combustible substances
Hazardous Work in the Employment of Children:
Sales and Services Elementary Occupations

Selling of alcoholic beverages,

tobacco, pyrotechnics, chemicals and
chemical products, weapons and
ammunitions, pornographic
merchandise, dangerous high power
tools
Courier and delivery service-related
tasks
Hazardous Work in the Employment of Children:
Personal and Protective Services Workers

Travel-related tasks that involve

escorting, accompanying, or guiding
tourists in dangerous activities

Personal care of persons with

communicable diseases and adults
Hazardous Work in the Employment of Children:
Personal and Protective Services Workers

Housekeeping-related tasks that

require the use of power instruments

Restaurant services-related tasks that

involve bartending; cooking involving the use
of pressurized cookers, industrial boilers,
steamers and similar equipment
Hazardous Work in the Employment of Children:
Personal and Protective Services Workers

Tasks that involve preparing and

serving alcoholic drinks for immediate
consumption in the premises of the
establishment

Work which exposes the child to sexual abuse

such as in lewd shows, KTV bars, massage
parlors
Hazardous Work in the Employment of Children:
Customer Services Clerks

Tasks that involve inbound and outbound

sales and technical support services or
contact center services to clients over the
phone or internet

Any work in gambling facilities

Hazardous Work in the Employment of Children:
Other Craft and Related Trade
Workers

Tasks that involve the driving or

operating of high power machinery or
equipment
Sanding, varnishing, painting and
tasks related to textile and
garments
Thank you.