On Child

Labor

A Presentation of Associated Labor Unions – TUCP

Northern Mindanao Region
G/F ALU Building, Kauswagan Superhighway
9000 Cagayan de Oro City
Contents:

 Definition

 Data

 Laws
Definition:
Child Labor is defined as employment of children under
any of the following circumstances:
 For children below 18 years old, where work is
hazardous or deleterious in nature, hence exposing the
worker to risk which constitutes an imminent danger to
his or her safety and health.
 For children below 15 years of age, where employment
endangers the child's life, safety, health and morals, or
impairs normal development. The two exceptions are: (1)
where child works directly under the sole responsibility of
his parents or legal guardian and where only members of
the employer's family are employed; or (2) where a
child's employment or participation in public
entertainment or information through cinema, theater,
radio or television is essential.
Data on Child Labor
 3 out of 20 children or some 3.7 million, mostly 5-17 years old, are working
children.
 Of this number, more than two-thirds are rural working children;
 60% are exposed to either hazardous or cruel conditions leaving them
malnourished, susceptible to respiratory, infectious, and sexually transmitted
diseases, stunted intellectually and physically, and with low self-esteem;
 409,849 are children living away from home of which 47% are working mostly
in households where 65% are females.
 Some of the worst forms of child labor include deep-sea fishing, trafficking,
mining/quarrying, commercial plantation, and prostitution or commercial
sexual exploitation.

1995 National Statistics Office (NSO) survey commissioned by the

International Labour Organization-International Programme for the
Elimination of Child Labour (ILO-IPEC)
Data on Child Labor

 At least four million out of 25 million Filipino children (or 1in every 5), aged
between five to 17 years old, are working.
 Of the figure, around 2.4 million are engaged in hazardous work.
 1.4 million have stopped going to school because they had to work.

2006 National Statistics Office (NSO).

 60% are in unpaid family work in their own households, 17.2% work in their
own homes; 53% work in family farms.

1997
Laws on Child Labor
 The Philippine Constitution,
 Presidential Decree No. 442 (the Labor Code of the Philippines),
as amended.
 PD 603 (the Child and Youth Welfare Code), as amended.
 Republic Act No. 7610 (Special Protection for Children Act), as
amended by RA 7658 (Prohibition of Employment of 15 Year-Old
Children and Below Act).
 Executive Order No. 275, Series of 1995 (Creation of the Special
Committee for the Protection of Children)
 DOLE Department Order No. 4 (Worst Forms of Child Labor),
 Convention on the Rights of the Child, ILO Convention 138
(Minimum Age of Employment)
 182 (Hazardous Forms of Child Labor)
Frequently Asked Questions
(www.gov.ph)
What is the minimum employable age for young workers?
The minimum employable age for young workers is 18 years old. However, any person
between 15 and 18 years of age may be employed in undertakings not hazardous or
deleterious in nature.
 What is a non-hazardous undertaking?
It refers to any kind of work or activity in which the employee is not exposed to any risk
that constitutes an imminent danger to his or her life and limb, safety and health.
 What are the hazardous work and activities to persons below 18 years of age?
Hazardous work and activities to persons below 18 years age include:
- Work which exposes children to physical; psychological or sexual abuse;
- Work under ground, under water, at dangerous heights or at unguarded heights of two meters
and above, or in confined spaces;
- Work with hazardous machinery, equipment and tools, or which involves manual handling or
transport of heavy loads;
- 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.
- 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.
Frequently Asked Questions
(www.gov.ph)
 Can child below 15 years of age be employed or made to work?
A child below 15 years old is NOT permitted to work in any public or private
establishment EXCEPT in these two situations:
1. When the child works directly under the sole responsibility of his or her parents
or guardians or legal guardian and where only members of the employer’s family are
employed, with the following conditions:
- The employment does not endanger the child’s life, safety and health and morals;
- The employment does not impair the child’s moral development
- The employer parent or legal guardian provides the child with primary and / or
secondary education prescribed by the Department of Education

2. Where the child’s employment or participation in public entertainment or

information through cinema, theater, radio or television is essential, provided that:
- The employment does not involve advertisement or commercials promoting
alcoholic beverages, intoxicating drinks, tobacco and its by-products or exhibiting
violence;
- There is a written contract approved by the DOLE;
- The employment does not endanger the child’s life, safety, health and morals;
- The employment does not interfere with his or her schooling.
Frequently Asked Questions
(www.gov.ph)
 How does the DOLE ensure that the above conditions are met?
Before an employer engages a child for employment, he or she must first secure a work permit
from DOLE Regional Office having jurisdiction over the workplace. The DOLE Regional Office
requires employers to submit documents in support of the application for permit, conducts
interview and, upon its initiative, conducts monitoring, ocular inspection visits to the workplace.
 If the child below 15 years of age is employed under the responsibility of the parent or
guardian, is he or she an employee of the firm or family undertaking?
Yes. The child is considered an employee of the firm or family undertaking.
 Once a firm validly employs a young person, is he or she entitled to the same terms and
conditions of employment accorded to an employee of legal age?
Yes. An employer is prohibited by the Labor Code to discriminate against any young person with
respect to terms and conditions of employment on account of his or her being a minor.
Frequently Asked Questions
(www.gov.ph)
 Can a person between 15 and 18 years of age be allowed to engage in domestic service?
A minor, whether male or female, may be employed to render non-hazardous or service that usually
necessary and desirable in the employer’s home, such as ministering to personal comfort and
convenience of the members of the employer’s household.

 What are the benefits due a young domestic or house helper under the law?
A domestic or house helper below 18 years of age is entitled to the same benefits as those due an
adult. These include just and humane treatment; minimum cash wage for house helpers; free,
suitable and sanitary living quarters and adequate food and medical assistance.
In addition, the employer shall give him or her an opportunity for at least elementary education.

 Is a young house helper who is an elementary or high school graduate not entitled to the
opportunity for education?
He or she can avail of vocational, technical or college education as may be agreed upon with the
employer.
Frequently Asked Questions
(www.gov.ph)
Who will pay for the young house helper’s education?
If there is no agreement that the employer will shoulder the expenses for such
education, the cost will be part of the young house helper’s compensation.
 Can a young workers be a member of the Social Security System (SSS) and
avail of the social security (SS) and employees compensation (EC) benefits?
Yes. The Social Security Law provides that coverage in the SSS is compulsory upon
all employees not over 60 years of age. This law defines an employee as any person
who performs services for an employer and who receives compensation for such
services, where there is an employer-employee relationship. Self-employed young
persons can also be SSS members.
 What are the requirements for job apprenticeship?
Applicants for job apprenticeship must meet the following requirements:
- Must be at least 15 years old;
- Pass test for vocational aptitude and capacity for apprenticeship test;
- Possess the ability to comprehend and follow oral and written intructions
Frequently Asked Questions
(www.gov.ph)
 Aside from the rights to Health and Education, what are the other Rights of
the Child, whether working or not?
Under the Convention of the Right of the Child, children have the Right to:
- Life
- Adequate standard of living
- Parental care and support
- Social security
- A name, nationality; and identity
- Information
- Leisure, recreation and cultural activities
- Opinion
- Freedom of thought, conscience and religion
- Freedom of association
- Privacy
Conventions 138
Minimum Age Convention
 Fixes the minimum age for admission to employment at age of
completion of compulsory schooling not under 15 years, except in
undeveloped countries where it may be lowered to 14 years.

 Age 18 is the minimum age of employment which is likely to

jeopardize the health, safety and morals of young persons, except
when the health, safety and morals are fully protected and they
have received adequate instructions and vocational training,
where the age may be lowered to 16.
Convention 138 - Minimum Age Convention
 The convention covers all economic sectors, employment or work, whether
dependent on employment contract, self-employment, remunerated or not, within or
outside a family undertaking, within or outside national territory and on means of
transportation.
 Exceptions:
- Work done by persons at least 14 years old in schools or in
technical/vocational schools in undertakings for education and training
- Lightwork by persons over 13 years provided work is not harmful to health
and development of the young persons, does not prejudice attendance in schools or
participation in vocational trainings or capacity to benefit from instructions received.
Convention 138 - Minimum Age Convention

 Employment categories which may be excluded due to

special and substantial problems of enforcement:
- Family undertakings.
- Domestic service in private households.
- No possibility that work will jeopardize the health,
safety and morals of young people.
- Countries whose economic and administrative
facilities are insufficient or under specific national
circumstances.