REPUBLIC ACT NO. 9231 AND THE ROLE OF DOLE
Jan 20, 2016
REPUBLIC ACT NO. 9231 AND THE ROLE OF DOLE
Cashier 14 years old
What is a child?A person under eighteen
(18) years of age
One who is 18 or above but unable to fully take care or protect oneself due to a physical or mental disability or condition
What is the minimum employable age?
years old15
When is a child below 15 employable?
Hours of Work
Child is below 15
maximum of 4 hours a day, 20 hours a week
should not work from 8 pm to 6 am
III. PROHIBITED EMPLOYMENT OF CHILDREN
What forms of employment of children are prohibited?
Child Laborany work or economic
activity performed by a child that subjects him or her to
any form of exploitation or is harmful to his or her
health and safety or physical, mental or psychological development. (IRR, Section 3[b])
No child shall be employed as a model in any advertisement directly or indirectly promoting: alcoholic beverages or intoxicating drinks tobacco and its byproducts
gambling
Prohibited Advertisements
any form of violence or pornography
Worst Forms of Child LaborSlavery or practices
similar to slaveryProstitution or
pornographyIllegal or illicit activitiesWork which is
hazardous or likely to be harmful to the health, safety or morals of children
Hazardous or Likely to be HarmfulDegrades the dignity of a child as a human being;Exposes child to physical, emotional or sexual
abuse, or is found to be highly stressful psychologically or may prejudice morals;
Performed underground, underwater or at dangerous heights;
Involves use of dangerous machinery, equipment and tools;
Exposes the child to physical danger, such as dangerous feats of balancing, physical strength or contortion, or requires the manual transport of heavy loads;
Hazardous or Likely to be HarmfulPerformed in an unhealthy
environment exposing the child to hazardous working conditions, elements, substances, etc.;
Performed under particularly difficult conditions;
Exposes the child to biological agents; or
Involves the manufacture or handling of explosives and other pyrotechnic products.
Ownership Usage Administration
The wages, salaries, earnings and other income of the child belong to him/her in ownership
Primarily for his/her support, education or skills acquisition
Secondarily, for the collective needs of the family but should not exceed 20% of the child’s income
Child’s parents or guardian shall:- administer the child’s income- set up Trust Fund or Savings Account - render semi-annual accounting of the Trust Fund to the DOLE
SPECIFIC PROVISIONS ON THE WORKING CHILD’S INCOME
DOLE’s Administrative Sanction
Closure of Firms or Establishments
Types of Closure1) IMMEDIATE &
PERMANENT2) IMMEDIATE &
TEMPORARY3) after due
NOTICE & HEARING
Close now hear later process
Immediate and Permanent Closure
GROUNDS
Violation has resulted in the death, insanity or serious physical injury of an employed child; OR
The establishment is engaged or employed in prostitution or in obscene or lewd shows.
Immediate and Temporary Closure
Imminent danger to the life and limb of the child in accordance with the occupational safety and health standards.
Imminent danger – Condition or practice that could reasonably be expected to cause death or serious physical harm
Closure with Prior Notice & HearingRequisites:1) Violation of other provisions of R.A. No. 92312) Closure is ordered on the 4th violation
Grounds:1)Employment of Children below 15 years old not otherwise allowed by law 2) Violation of hours of work of a child 3) Participation of a child in prohibited advertisements