REPUBLIC ACT NO. 9231 AND THE ROLE OF DOLE.

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Transcript of REPUBLIC ACT NO. 9231 AND THE ROLE OF DOLE.

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