November 9, 1993
AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR THIS PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610
Sec. 1. Section 12, Article VIII of R.A. No. 7610
otherwise known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act" is hereby amended to read as
follows:
"Sec. 12. Employment of Children. - Children below
fifteen (15) years of age shall not be employed except:
1) When a child works directly under the
sole responsibility of his parents or legal guardian and where only members of
the employer's family are employed: Provided, however, That his employment
neither endangers his life, safety, health and morals, nor impairs his normal
development; Provided, further, That the parent or legal guardian shall provide
the said minor child with the prescribed primary and/or secondary education; or
2) Where a child's employment or
participation in public entertainment or information through cinema, theater,
radio or television is essential: Provided, The employment contract is
concluded by the child's parents or legal guardian, with the express agreement
of the child concerned, if possible, and the approval of the Department of
Labor and Employment: and Provided, That the following requirements in all
instances are strictly complied with:
cd
(a) The employer shall ensure the protection,
health, safety, morals and normal development of the child;
(b) The employer shall institute measures to
prevent the child's exploitation or discrimination taking into account the
system and level of remuneration, and the duration and arrangement of working
time; and
(c) The employer shall formulate and
implement, subject to the approval and supervision of competent authorities, a
continuing program for training and skills acquisition of the requirements.
In the above
exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of
Labor and Employment which shall ensure observance of the child. cd i
The Department of Labor
and Employment shall promulgate rules and regulations necessary for the
effective implementation of this Section."
ec. 2. All laws, decrees, executive orders, rules
and regulations or parts thereof contrary to, or inconsistent with this Act are
hereby modified or repealed accordingly.
Sec. 3. This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2)
national newspapers or general circulation whichever comes earlier.
Approved: November 9,
1993
DEPARTMENT ORDER NO. 18
Rules and Regulations
Implementing Republic Act No. 7658
By virtue of the
provisions of Section 2 of Republic Act No. 7658, An Act Prohibiting the
Employment of Children Below Fifteen (15) Years of Age in Public and Private
Undertakings, amending Section 12, Article VIII of Republic Act No. 7610, the
following Rules and Regulations governing the employment of children are hereby
issued:
ec. 1. General Prohibition. - Except as otherwise
provided in this Rules, children below 15 years of age shall not be employed,
permitted or suffered to work, in any public or private establishments in the
Philippines.
Sec. 2. Definition of terms.
a. "Employer" - any parent, legal
guardian or producer acting as employer who hires or engages the services of
any child below 15 years of age.
b. "Legal Guardian" - any person
duly appointed by a court of competent authority to exercise care and custody
of or parental authority over the person of such child/employee.
c. "Producer" - any individual or
group of individuals engaged in the production of movies, films, motion
pictures, shows or advertisements, whether on cinema, theater, radio or
television, wherein the services of such child/employee are hired.
d. "Members of the family" -
those persons having family relations referred to under Article 150 of the
Family Code of the Philippines. It
shall include the employer parent's or legal guardian's husband or wife,
parents, children, other ascendants or descendants, brothers and sisters
whether of full or half blood.
e. "Department" - the Department
of Labor and Employment.
Sec. 3. Exceptions and conditions. - The following
shall be the only exceptions to the prohibition on the employment of children
below 15 years of age and the conditions for availment of said exceptions:
a. When the child works directly under the
sole responsibility of his/her parents or legal guardian who employs members of
his/her family only, under the following conditions:
1. the employment does not endanger the
child's life, safety, health and morals;
2. the employment does not impair the
child's normal development.
3. the employer parent or legal guardian
provides the child with the primary and/or secondary education prescribed by
the Department of Education, Culture and Sports.
b. Where the child's employment or
participation in public entertainment or information through cinema, theater,
radio or television is essential, provided that:
1. the employment does not involve
advertisements or commercials promoting alcoholic beverages, intoxicating
drinks, tobacco and its by-products or exhibiting violence;
2. there is a written contract approved by
the Department of Labor and Employment; and
3. the condition prescribed in Section a
above are met.
Sec. 5. Pre-employment requirements. - Before an
employer engages a child for employment under the exceptions enumerated above,
he/she met first secure a work permit from the Regional Office of the
Department having jurisdiction over the workplace.
The Regional Office
shall require the employer to submit the following documents in support of the
application for a work permit:
a. two (2) pictures of the child, one full
body and the other showing the child's face, both of which must be recently
taken and recognizable;
b. the child's Birth Certificate or in its
absence, his/her Baptismal Certificate and a joint affidavit of his/her two
nearest kin showing the year he/she was born and a duly authenticated proof of
legal guardianship where the employer is a legal guardian;
c. a certificate of enrollment issued by
the school where he/she is currently or last enrolled or a statement from the
parent or legal guardian that the child is attending school;
d. a written undertaking that:
1. measures shall be instituted by the
employer to prevent the child's exploitation and discrimination such as payment
of minimum age, hours of work and other terms and conditions required by law;
and
2. the employer shall ensure the
protection, health, safety, morals and normal development of the child;
e. a medical certificate showing that the
child is fit for employment;
f. a certification of a continuing program
for training and skills acquisition approved and supervised by any competent
authority, nearest the place of work, which may be recognized vocational or
training school, the regional or local office of the Department of Social
Welfare and Development and the National Manpower and Youth Council; and
g. a written contract of employment
concluded by the child's parents or legal guardian with the employer in cases
of employment or participation in public entertainment or information through
cinema, theater, radio or television.
Said contract shall bear the express agreement of the child concerned,
if possible, and shall state the nature or full description of the job and the
justification is essential.
Sec. 5. Hours of Work. - Subject to consultations with
the sectors concerned, the Department shall by appropriate regulations, issue
standards governing the hours of work and time of day that children may be
allowed to work.
Sec. 6. Effect on other issuances. - The provisions of
existing rules and administrative issuances not otherwise repealed, modified or
inconsistent with this Order shall continue to have full force and effect.
Sec. 7. Penalties. - Any person who shall violate any provision of Article 12 of RA 7658, shall suffer the penalty of a fine of not less than One Thousand Pesos (P1,000) but not more than Ten Thousand Pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court: Provided, that in case of repeated violations of the provisions of this Article, the offender's license to operate shall be revoked.
Sec. 8. Effectivity. - This Rules and Regulations shall
take effect fifteen (15) days after its publications in a newspaper of general
circulation.
Signed this 12th day of
May, 1994 in the City of Manila, Philippines.
(SGD.) MA. NIEVES R.
CONFESOR
Secretary
Received by the
AS-Records on May 13, 1994 and disseminated on May 3, 1994.