Philippine Child Labour Laws and Legislation

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PART ONE: UNDERSTANDING CHILD LABOR Definition Of Child Labour Child Labour Situation In The Philippines The Reasons Why Children Work Strategies In Addressing The Child Labour Problem PART TWO: THE LEGAL PROTECTION OF CHILD WORKERS Introduction: Historical Evolution Of Child Labour Laws In The Philippines Act. No. 3071 Revised Penal Code R.A. 679 ILO Convention Nos. 59, 77 & 90 R.A. 2714 P.D. 148 P.D. 442 - Labour Code P.D. 603 - Child and Youth Welfare Code U.N. Convention on the Rights of the Child R.A. 7610 - The Child Protection Law R.A. 7658 General Policy Considerations INTERNATIONAL INSTRUMENTS International Covenant On Economic, Social And Cultural Rights Convention on the Rights of the Child NATIONAL LAWS Philippine Constitution Child And Youth Welfare Code (P.D. 603) Minimum Age Of Employment -- Exceptions INTERNATIONAL CONVENTIONS ILO Convention No. 59 ILO Convention No. 138 ILO Recommendation No. 146 NATIONAL LAWS Minimum Age: Principal Policy R.A. 7658 Labour Code Omnibus Rules Implementing the Labour Code Minimum Age: Hazardous Work Labour Code Omnibus Rules Implementing the Labour Code Department Order No. 4 Occupational Safety and Health Standards, Rule 1013 Minimum Age: Modeling In Commercials/ Advertisements Promoting Alcoholic Beverages, Tobacco, Violence, etc. R.A. 7610 Minimum Age: Apprentices Labour Code Omnibus Rules Implementing the Labour Code Minimum Age: Child and Youth Welfare Code P.D. 603 Minimum Age: Opinion of the Secretary of Labour TERMS AND CONDITIONS OF EMPLOYMENT INTERNATIONAL CONVENTIONS ILO Convention No. 77 ILO Convention No. 90 NATIONAL LAWS Non-Discrimination Employer's Reportorial Duties Hours of Work, Night Work and Physical Examination Of Children Children Below 15 Years ANNEXES TO R.A. 7658: WORK PERMITS FOR MINORS Children in the Movie, Television, Radio and Entertainment Industry Children in Apprentice Work Labour Code Omnibus Rules Implementing the Labour Code Children in Domestic Work Labour Code Omnibus Rules Implementing the Labour Code Civil Code Children in Homework Workers in General Working Hours and Rest Periods Wages LABOR CODE 13TH-MONTH PAY Occupational Safety and Health LABOR CODE OMNIBUS RULES IMPLEMENTING THE LABOR CODE Social Security Benefits R.A. 8282, SOCIAL SECURITY LAW EMPLOYEES' COMPENSATION MEDICARE ACT/ HEALTH INSURANCE ACT Security of Tenure Rights And Privileges Of Working Children THE SAMAHAN NON-FORMAL EDUCATION SUMMER EMPLOYMENT Republic Act No. 7323 Implementing Rules of R.A. 7323 Remedies Against Abuse, Exploitation and Discrimination ILLEGAL RECRUITMENT Prosecute Under Art. 39 of The Labour Code. Order Suspension/Cancellation of License or Closure of Establishment. VIOLATION OF LABOR CODE PROVISIONS Order Stoppage of Work or Suspension of Operations. Prosecute Under Art. 288 of the Labour Code. NON-PAYMENT OF PRESCRIBED WAGES File Money Claims with Dole Regional Director or the Labour Arbiter. Prosecute for Violation of R.A. 6640, New Minimum Wage Law; R.A. 6726, Wage Rationalization Act; or R.A. 7655, An Act Increasing the Minimum Wage of Househelpers. VIOLATION OF LAWS ON SOCIAL SECURITY: NON- PAYMENT OF CLAIMS; NON-REMITTANCE OF CONTRIBUTIONS File Money Claims with the Social Security System. Prosecute for Violation of R.A. 1161, Social Security Law. Prosecute for Violation of R.A. 7875, National Health Insurance Act of 1995. Prosecute for Violation of R.A. 7655 if Employer of Househelper INHUMANE TREATMENT Sue for Damages under the Civil Code. Prosecute for Violation of the Revised Penal Code, R.A. 7610 or the Child Protection Code, and Other Criminal Laws. CRIMES AGAINST CHILDREN UNDER THE REVISED PENAL CODE Offenses Against Decency and Good Customs Physical Injuries Crimes Against Liberty and Security Threats and Coercions Swindling and other Deceits Crimes Against Chastity LIABILITIES/ RESPONSIBILITIES OF PARENTS Child And Youth Welfare Code Family Code CHILD ABUSE, EXPLOITATION, AND DISCRIMINATION CHILD TRAFFICKING DRUG ABUSE ODINANCES ON CHILD LABOR AND CHILD PROSTITUTION SP Resolution -192-96 Resolution No. 4 Ordinance No. 06 SP Ordinance No. 1025-94 Ordinance No. 201 Ordinance No. 7780 Ordinance No. 7791 Ordinance No. 92-012 MMC Ordinance No. 85-04 LIABILITIES OF HOTEL/MOTEL OWNERS Department of Tourism Administrative Order No. 95-17 B.T.S. Circular No. 11 INTERNATIONAL TRAFFICKING AND PROSTITUTION PART THREE: LEGAL PROCEDURES FOR THE ENFORCEMENT OF RIGHTS Detection And Reporting AGENCIES/ COMMITTEES TO REPORT TO Local Council for the Protection of Children Committee for the Special Protection of Children Child Labour Project Management Team Agencies to Investigate Sex Tours Task Force Zebra Child and Youth Relations Unit/Officer "Sagip Batang Manggagawa" - Inter-Agency Quick Action Team on The Handling of Exploitative/Hazardous Child Labour Cases Department of Justice -- Task Force on the Protection of Children National Bureau of Investigation – ACADED Commission on Human Rights -- Child Rights Center Department of Social Welfare and Development -- Child Help Intervention and Protective Services (CHIPS) DUTY TO REPORT PROCEDURES IN REPORTING AND INVESTIGATION Information Verification VISITORIAL AND INSPECTION POWERS OF THE DOLE INSPECTION PRIORITIES INVESTIGATION BY THE DSWD Removal And Rescue APPLICATION FOR WARRANTS OF ARREST, SEARCH AND SEIZURE Who Issues the Warrant Requisites For A Valid Search Warrant And/Or Warrant Of Arrest When Warrant Is Not Needed Lawful Arrest Without Warrant Lawful Search and Seizure Without Warrant WHERE TO FILE/ JURISDICTION DOLE Regional Director Labour Arbiters/ National Labour Relations Commission (NLRC) PROCEDURES WITH THE DOLE REGIONAL DIRECTOR PROCEDURES WITH THE LABOR ARBITERS AND THE NATIONAL LABOR RELATIONS COMMISSION AMICABLE SETTLEMENT/ COMPROMISES Administrative Sanctions DEPARTMENT OF LABOR AND EMPLOYMENT DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT LOCAL GOVERNMENT UNITS DEPARTMENT OF TOURISM Criminal Prosecution JURISDICTION OVER CRIMINAL CASES Katarungang Pambarangay Municipal/ Metropolitan/ Municipal Circuit Trial Courts Regional Trial Courts Family Courts Social Service and Counselling Division WHO MAY FILE COMPLAINT Crimes Under R.A. 7610 Crimes Under the RPC and Other Criminal Laws WHERE TO FILE COMPLAINT Offenses Subject to the Katarungang Pambarangay Offenses Under the Jurisdiction of the Municipal/ Municipal Circuit Trial Courts Offenses Under the Jurisdiction of the Regional Trial Courts PROCEDURES IN KATARUNGANG PAMBARANGAY SUMMARY PROCEDURES IN THE MUNICIPAL TRIAL COURTS PROCEDURES IN PRELIMINARY INVESTIGATION [BEFORE FISCALS/PROSECUTORS] ORDINARY PROCEDURES IN MUNICIPAL TRIAL COURTS AND REGIONAL TRIAL COURTS Arrest of Accused Bail Arraignment and Plea Trial R.A. 7610 Administrative Circular No. 23-95 Judgment Motion for Reconsideration/ New Trial/ Appeal