Special Laws Related To Child Labor

Report and Comparison of RA 7620 & RA 9231

The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment. STATISTICS

RA 7610 Policy Terms Children - < 18 yrs. Old or those UN able to protect themselves from abuse Abuses as enumerated in the law Protection from cruelty and abuse Sanctions for malefactors Intervention and rehabilitation in and for children

CONSTITUTION Section13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. LABOR CODE Art. 139. Minimum employable age. No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling. Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.

Child Prostitution and sexual Abuse - Children, who for money, profit, or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct. Reclusion temporal (med) Reclusion Perpetua Child Trafficking - Any person who shall engage in trading and dealing with children. Reclusion Temporal Reclusion Perpetua, qualified if under 12 years old. Obscene Publications and Indecent Shows Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, Prison mayor (med). Other acts of Abuses Under Art. 59 PD 603 but not RPC With a child( < 12 0r > 10 his junior), not relative, in a hotel/ motel or analogous places

Source: NSO & ILO-IPEC, 2011 Survey on Children (SOC), Preliminary Results

Source: NSO & ILO-IPEC, 2011 Survey on Children (SOC), Preliminary Results

Whoever shall induce, deliver or offer a minor to any one prohibited by this Act. Operators of any public or private place of accommodation who allows any prohibited person to take a minor Any person who shall use, coerce, force or intimidate a child, to beg traffic drug or other illegal activities.

Employment of Children Children below fifteen (15) years of age shall not be employed except: Works under the sole responsibility of their parents or guardian A child works in cinema, theater, radio, television, contract concluded by parents

Penalties and Procedures Penalty under RA 7610 Not < P1,000 but not > 10,000 and/or Not , 3 months but not more than 3 years Penalty under RA 9231 For Sec. 12, 12-A and 14 of R.A. 7610 as amended - Not < P50,000 but not > 300,000 and/or Not , 6 months and 1 day to 6 years For Section 12-D - Not < P100,000 but not > 1,000,000 and/or Not , 12 years and 1 day to 20 years For Biological or Legal parents or legal guardians, For Section 12, 12-A, 12-B, 12-C - Not < P10,000 but not > 100,000 and/or Not , Community service of not < 30 days but not more than 1 year For Offenders who are establishments Immediate Closure of Business if Separation pay and monetary benefits. Procedure Report a Complaint => Investigation => Custody of DSWD => Notification of Police => Physical examination => Petition for involuntary commitment => Suspension and deprivation of parental authority => Transfer of parental authority =>Closure of establishment => Filing of a criminal case => Termination of case and rendering of a decision. Submitted by Group 5

RA 9231 Terms Worst forms of child labor Slavery, Child prostitution and prostitution, using children for illegal activities including drugs and Hazardous work. Hazardous Work Demeans the intrinsic worth and dignity of a child Exposes the child to physical, emotional or sexual abuse, Psychologically stressful or prejudicial to morals Performed underground, underwater or at dangerous heights Involves the use of dangerous machinery, equipment and tools Exposes the child to physical danger(i.e. Dangerous feats of skill and carrying heavy loads) Is performed in an unhealthy environment Is performed under particularly difficult conditions Exposes the child to biological agents Involves the manufacture or handling of explosives

Hours of Work

Amendments to RA 7610 Sec. 12-B Ownership, Usage and Administration of the Working Child's Income belongs to child, only 20% to the needs of the family Sec. 12-C Trust Fund to Preserve Part of the Working Child's Income if income is greater than 200,000 annually, parents set up trust fund Sec. 13 Access to Education and Training for Working Children Sec. 14 Prohibition on the Employment of Children in Certain Advertisements alcohol, tobacco, violence and gambling