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Implementing Rules and Regulations
of Republic Act No. 9231
(Anti-Child Labor Law)
 
Year Completed: 2004

RA 9231, enacted on 13 January 2004, strictly prohibits child labor and its worst forms, and provides stronger protection for working children.  It specifically limits the employment of children below 15 years old, restricts the hours of work of working children, expands working children’s access to education, social, medical and legal assistance, and mandates the creation of a trust fund to preserve a percentage of working children’s income.  The law also mandated the Department of Labor and Employment to spearhead the drafting of the Implementing Rules and Regulations (IRR).

Having been a staunch advocate against child labor, the Institute initiated, in coordination with the DOLE Inter-Agency Committee, the policy review leading to the formulation of the IRR.  The Rules were issued on 26 July 2004, after a series of consultations with the partners in the National Program Against Child Labor (NPACL) and other stakeholders.

The IRR spells out a general prohibition on the employment of children, particularly in the worst forms of child labor, and also strengthens regulations on children allowed to work.  It specifically defines the working hours of children in family undertakings and those engaged in public information and entertainment; simplifies the requirements for the issuance of work permit to encourage compliance among employers; and identifies grounds for cancellation and suspension of work permits.

Another salient provision of the IRR is that upon permanent or temporary closure of an establishment due to violations resulting to death, insanity or serious physical injury of a child employed therein, the employer shall shoulder the costs of the child’s medical management, recovery, and reintegration; and in case of death, the child’s funeral expenses.

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