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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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