THE ANTI-CHILD LABOR LAW

Case Overview and Summary

Summary of Republic Act No. 9231

Declaration of State Policy and Principles (Section 1)
- Provide special protection to children from all forms of abuse, neglect, cruelty, exploitation, and discrimination, including child labor and its worst forms.
- Provide sanctions for committing acts against children and carry out programs for prevention, deterrence, crisis intervention.
- Intervene on behalf of the child when parents, guardians, or caregivers fail to protect the child.
- Protect and rehabilitate children gravely threatened or endangered by circumstances affecting their survival and development.
- The best interests of children shall be the paramount consideration in all actions concerning them.

Employment of Children (Section 2)
- Children below 15 years old shall not be employed, except:
    1. When working directly under parents/guardians, and only family members are employed, provided it does not endanger the child's life, safety, health, morals, or impair normal development, and the child receives primary/secondary education. (Section 12)
    2. When the child's employment or participation in public entertainment or media is essential, provided the employment contract is concluded by parents/guardians, with the child's agreement if possible, and approval from the Department of Labor and Employment (DOLE). The employer must ensure the child's protection, health, safety, morals, and normal development, institute measures to prevent exploitation or discrimination, and implement a program for the child's training and skills acquisition. (Section 12)
- A work permit from DOLE is required before employing a child.
- The term "child" applies to all persons under 18 years old.

Hours of Work of a Working Child (Section 12-A)
- A child below 15 years old may work up to 20 hours per week, not more than 4 hours per day.
- A child aged 15-17 years old shall not work more than 8 hours per day and 40 hours per week.
- A child below 15 years old shall not work between 8 PM and 6 AM, and a child aged 15-17 years old shall not work between 10 PM and 6 AM.

Ownership, Usage, and Administration of the Working Child's Income (Sections 12-B and 12-C)
- The child's income belongs to the child and shall be used primarily for the child's support, education, or skills acquisition, and secondarily for the collective needs of the family (up to 20% of the income).
- The income shall be administered by both parents, or by one parent in the absence or incapacity of the other, following the order of parental authority under the Family Code.
- For a child earning at least P200,000 annually, at least 30% of the earnings shall be set up in a trust fund, with semi-annual accounting to DOLE. The child shall have full control over the trust fund upon reaching the age of majority.

Prohibition Against Worst Forms of Child Labor (Section 12-D)
- No child shall be engaged in the worst forms of child labor, which include:
    1. All forms of slavery, practices similar to slavery, debt bondage, forced labor, and recruitment of children for armed conflict.
    2. Using, procuring, offering, or exposing a child for prostitution, pornography, or pornographic performances.
    3. Using, procuring, or offering a child for illegal activities, including drug production and trafficking.
    4. Work that is hazardous or likely to be harmful to the child's health, safety, or morals, including work that:
        a) Debases, degrades, or demeans the child's worth and dignity.
        b) Exposes the child to abuse or is highly stressful psychologically.
        c) Is performed underground, underwater, or at dangerous heights.
        d) Involves the use of dangerous machinery, equipment, or tools.
        e) Exposes the child to physical danger, dangerous feats, or manual transport of heavy loads.
        f) Is performed in an unhealthy environment, exposing the child to hazardous conditions, substances, or processes.
        g) Is performed under particularly difficult conditions.
        h) Exposes the child to biological agents.
        i) Involves the manufacture or handling of explosives and pyrotechnic products.

Access to Education and Training for Working Children (Section 13)
- No child shall be deprived of formal or non-formal education.
- In all cases of employment allowed, the employer shall provide the working child with access to at least primary and secondary education.
- The Department of Education (DEPED) shall formulate and implement relevant course designs and educational programs, conduct necessary training, ensure availability of facilities and materials, and conduct research and development for alternative education of working children.
- DEPED shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral, and vocational efficiency of working children who have not undergone or finished elementary or secondary education.

Prohibition on the Employment of Children in Certain Advertisements (Section 14)
- No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling, violence, or pornography.

Penal Provisions (Section 16)
- Employers violating Sections 12, 12-A, and 14 shall be penalized by imprisonment of 6 months and 1 day to 6 years, or a fine of P50,000 to P300,000, or both.
- Employers or facilitators employing a child in hazardous work (Section 12-D) shall be penalized by a fine of P100,000 to P1,000,000, or imprisonment of 12 years and 1 day to 20 years, or both.
- Violations of Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized under the Anti-Trafficking in Persons Act of 2003, with the penalty imposed in its maximum period.
- Violations of Section 12-D(3) shall be prosecuted and penalized under the Comprehensive Dangerous Drugs Act of 2002, with the penalty imposed in its maximum period.
- If a corporation commits a violation, the board of directors/trustees and officers who participated or knowingly allowed the violation shall be penalized accordingly.
- Parents or legal guardians violating Sections 12, 12-A, 12-B, and 12-C shall pay a fine of P10,000 to P100,000, or render community service for 30 days to 1 year, or both. The maximum community service shall be imposed for 3 or more violations, and imprisonment of 30 days to 1 year may be added for more than 3 violations.
- The Secretary of Labor and Employment may order the closure of any business firm or establishment found to have violated the Act more than 3 times, or immediately if the violation resulted in the death, insanity, or serious physical injury of a child, or if the firm is engaged in prostitution or obscene/lewd shows.
- In case of closure, the employer shall pay the employees the separation pay and other monetary benefits provided by law.

Trust Fund from Fines and Penalties (Section 16-A)
- The fines imposed by the court shall be treated as a Trust Fund, administered by DOLE and disbursed exclusively for the needs, rehabilitation, and reintegration of working children who are victims of violations, and for programs and projects to prevent child labor.

Who May File a Complaint (Section 27)
- Complaints on unlawful acts against children may be filed by:
    a) The offended party
    b) Parents or guardians
    c) Ascendant or collateral relative within the third degree of consanguinity
    d) Officer, social worker, or representative of a licensed child-caring institution
    e) Officer or social worker of the Department of Social Welfare and Development
    f) Barangay chairman of the place where the violation occurred, where the child is residing or employed
    g) At least three concerned, responsible citizens where the violation occurred

Jurisdiction, Preliminary Investigation, and Trial (Section 16-A)
- Family courts shall have original jurisdiction over all cases involving offenses punishable under this Act. In areas without family courts, regional trial courts and municipal trial courts shall have concurrent jurisdiction depending on the prescribed penalties.
- The preliminary investigation shall be terminated within 30 days from the date of filing.
- If a prima facie case is established, the corresponding information shall be filed in court within 48 hours from the termination of the investigation.
- Trial shall be terminated by the court within 90 days from the date of filing the information.
- Decision shall be rendered within 15 days from the date of submission of the case.

Exemptions from Filing Fees (Section 15)
- When the victim of child labor institutes a separate civil action for the recovery of civil damages, he/she shall be exempt from payment of filing fees.

Access to Immediate Legal, Medical, and Psycho-Social Services (Section 16-C)
- The working child shall have the right to free legal, medical, and psycho-social services to be provided by the State.

Implementing Rules and Regulations (Section 10)
- The Secretary of Labor and Employment, in coordination with the Committees on Labor and Employment of both Houses of Congress, shall issue the necessary Implementing Rules and Regulations (IRR) to effectively implement the provisions of this Act, in consultation with concerned public and private sectors, within 60 days from the effectivity of this Act.
- The rules and regulations shall take effect upon their publication in two national newspapers of general circulation.

Separability Clause (Section 11)
- If any provision of this Act is declared invalid or unconstitutional, the validity of the remaining provisions shall remain in full force and effect.

Repealing Clause (Section 12)
- All laws, decrees, or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Effectivity (Section 13)
- This Act shall take effect 15 days from the date of its complete publication in the Official Gazette or in at least two national newspapers of general circulation.