Article 52Labor and Agrarian Laws and Social Legislation, p. 52

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

1)

When

a

child

works

directly

under

the

sole

responsibility of his/her parents or legal guardian and

where only members of his/her family are employed:

Provided,

however,

That his/her employment neither

endangers his/her life, safety, health, and morals, nor

impairs his/her normal development: Provided, further ,

That the parent or legal guardian shall provide the said

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, television or other forms of media is

essential: Provided , That 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:

Provided,

further ,

That

the

following

requirements in all instances are strictly complied with:

(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 child.

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 above requirements.

For purposes of this Article, the term "child" shall

apply to all persons under eighteen (18) years of age.

Section 12-A. Hours of Work of a Working Child. -

Under the exceptions provided in Section 12 of this Act, as

amended:

(1) A child below fifteen (15) years of age may be

allowed to work for not more than twenty (20) hours a

week: Provided , That the work shall not be more than four

(4) hours at any given day;

(2) A child fifteen (15) years of age but below eighteen

(18) shall not be allowed to work for more than eight (8)

hours a day, and in no case beyond forty (40) hours a

week;

(3) No child below fifteen (15) years of age shall be

allowed to work between eight o'clock in the evening and

six o'clock in the morning of the following day and no

child fifteen (15) years of age but below eighteen (18) shall

be allowed to work between ten o'clock in the evening

and six o'clock in the morning of the following day.

Section

12-B.

Ownership,

Usage

and

Administration of the Working Child's Income . - The

wages,

salaries,

earnings

and

other

income

of

the

working child shall belong to him/her in ownership and

shall be set aside primarily for his/her support, education

or skills acquisition and secondarily to the collective

needs of the family: Provided, That not more than twenty

percent (20%) of the child's income may be used for the

collective needs of the family.

The income of the working child and/or the property

acquired

through

the

work

of

the

child

shall

be

administered

by

both

parents.

In

the

absence

or

incapacity of either of the parents, the other parent shall

administer the same. In case both parents are absent or

incapacitated,

the

order

of

preference

on

parental

authority as provided for under the Family Code shall

apply.

Section 12-C. Trust Fund to Preserve Part of the

Working Child's Income. - The parent or legal guardian

of a working child below eighteen (18) years of age shall

set up a trust fund for at least thirty percent (30%) of the

earnings of the child whose wages and salaries from work

and other income amount to at least two hundred

thousand pesos (P200,000.00) annually, for which he/she

shall render a semi-annual accounting of the fund to the

Department of Labor and Employment, in compliance

with the provisions of this Act. The child shall have full

control over the trust fund upon reaching the age of

majority.

Section 12-D. Prohibition Against Worst Forms of

Child Labor . - No child shall be engaged in the worst

forms of child labor. The phrase "worst forms of child

labor" shall refer to any of the following:

(1)

All

forms

of

slavery,

as

defined

under

the

"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; or

(2) The use, procuring, offering or exposing of a child

for prostitution, for the production of pornography or for

pornographic performances; or

(3) The use, procuring or offering of a child for illegal

or illicit activities, including the production and trafficking

of dangerous drugs and 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, such that it:

a) Debases, degrades or demeans the intrinsic worth

and dignity of a child as a human being; or

b) Exposes the child to physical, emotional or sexual

abuse, or is found to be highly stressful psychologically or

may prejudice morals; or

c)

Is

performed

underground,

underwater

or

at

dangerous heights; or

d)

Involves

the

use

of

dangerous

machinery,

equipment and tools such as power-driven or explosive

power-actuated tools; or

e) Exposes the child to physical danger such as, but

not limited to the dangerous feats of balancing, physical

strength or contortion, or which requires the manual

transport of heavy loads; or

f)

Is

performed

in

an

unhealthy

environment

exposing the child to hazardous working conditions,

elements, substances, co-agents or processes involving

ionizing, radiation, fire, flammable substances, noxious

components and the like, or to extreme temperatures,

noise levels, or vibrations; or

g) Is performed under particularly difficult conditions;

or

h) Exposes the child to biological agents such as

bacteria, fungi, viruses, protozoans, nematodes and other

parasites; or

i) Involves the manufacture or handling of explosives

and other pyrotechnic products.

Section 13. Access to Education and Training for

Working Children - a) No child shall be deprived of

formal

or

non-formal

education.

In

all

cases

of

employment allowed in this Act, the employer shall

provide a working child with access to at least primary

and secondary education.

b) To ensure and guarantee the access of the working

child to education and training, the Department of

Education (DEPED) shall:

(1) formulate, promulgate, and implement relevant

and effective course designs and educational programs;

(2)

conduct

the

necessary

training

for

the

implementation of the appropriate curriculum for the

purpose;

(3) ensure the availability of the needed educational

facilities and materials; and

© Compiled By RGL

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