workers?
A: GR:
1. No person under 18 years of age will be allowed to be employed in an undertaking which is hazardous or deleterious in nature.
2. No Er shall discriminate against any person in respect to terms and conditions of employment on account of his age.
XPN:
A. Below 15 yrs. Old
1. The child works directly under the sole responsibility of his parents or legal guardian and where only members of the family are employed, subject to the following conditions:
a. Employment does not endanger the child’s safety, health and morals
b. Employment does not impair the child’s normal development
c. Er-parent or legal guardian provides the child with the primary and/or secondary education prescribed by the Department of Education
2. The child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential provided:
a. Employment contract is concluded by the child’s parents or legal guardian, b. With the express agreement of the child
concerned, if possible, and
c. The approval of DOLE, the following must be complied with:
i. The employment does not involve advertisement or commercials promoting alcoholic beverages, intoxicating drinks, tobacco and its by- products or exhibiting violence ii. there is a written contract approved
by DOLE
iii. the conditions provided in the first instance are met.
B. Above 15 but below 18 – may be employed in any non-hazardous work
Q: What is the duty of the employer before engaging minor into work?
A: The Er shall first secure a work permit from the DOLE which shall ensure observance of the requirements. (Sec. 12, R.A. 7160)
Q: Is there a rule regarding the issuance of work certificates/ permits to children at least 15 but below 18 years of age?
A: The issuance of a DOLE Certificate to youth aged 15 to below 18 years of age is not required by law. No employer shall deny opportunity to any such youth applying for employment merely on the basis of lack of work permit or certificate of eligibility for employment. Any young person aged 15 to below 18 years of age may present copy of this DOLE advisory to any employer, job provider, government authority, or his/her representative when seeking employment or anytime during employment. (DOLE Department
Advisory No. 01-08)
Q: What is a non-hazardous work?
A: It is any work or activity in which the Ee is not exposed to any risk which constitutes an imminent danger to his safety and health.
Q: What are hazardous workplaces? A:
1. Nature of work exposes the workers to dangerous environmental elements, contaminants or work conditions
2. Workers are engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing, and mechanized farming
3. Workers are engaged in the manufacture or handling of explosives and other pyrotechnic products
4. Workers use or are exposed to heavy or power- driven tools
Q: You were asked by a paint manufacturing company regarding the possible employment as a mixer of a person aged 17, who shall be directly under the care of the section supervisor. What advice would you give? Explain briefly. (2002 Bar Question)
A: The paint manufacturing company cannot hire a person who is aged 17. Art. 139(c) of the LC provides that a person below 18 years of age shall not be allowed to work in an undertaking which is hazardous
or deleterious in nature as determined by the SLE. Paint manufacturing has been classified by the SLE as a hazardous work.
Q: What are the prohibitions on the employment of children in certain advertisements?
A: Employment of child models in all commercial advertisements promoting the following shall be prohibited:
1. Alcoholic beverage 2. Intoxicating drinks
3. Tobacco and its by products 4. Gambling
5. Violence 6. Pornography
Q: A spinster school teacher took pity on one of her pupils, a robust and precocious 12-year old boy whose poor family could barely afford the cost of his schooling. She lives alone at her house near the school after her housemaid left. In the afternoon, she lets the boy do various chores as cleaning, fetching water and all kinds of errands after school hours. She gives him rice and Php 30.00 before the boy goes home at 7 every night. The school principal learned about it and charged her with violating the law which prohibits the employment of children below 15 years of age. In her defense, the teacher stated that the work performed by her pupil is not hazardous, and she invoked the exception provided in the Department Order of DOLE for the engagement of persons in domestic and household service. Is her defense tenable? (2004 Bar Question) A: No, her defense is not tenable. Under Art. 139 of the LC on “minimum employable age,” no child below 15 years of age shall be employed except when he works directly under the sole responsibility of his parents or guardian, the provisions of the alleged DO of DOLE to the contrary notwithstanding. A mere DO cannot prevail over the express prohibitory provisions of the LC.
Q: Determine whether the following minors should be prohibited from being hired and from performing their respective duties indicated hereunder: (2006 Bar Question)
1. A 17-year old boy working as miner at the Walwadi Mining Corporation.
A: Yes, he should be prohibited from being hired and from performing the duties of a miner because such constitutes hazardous work under D.O. No. 04 Series of 1999. Art. 139(c) of LC expressly prohibits the
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