Republic Act No. 9231 Essay Sample

Republic Act No. 9231 Pages Download
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Main goals
* Elimination of child labor
* Protection for the working children

Responsibility of the State
* Provide special protection to children to keep them safe from all forms of harm such as:
* Abuse
* Neglect
* Cruelty
* Exploitation
* Discrimination
* The responsibility for the normal development of the children gravely threatened or endangered by circumstances will came from the parents/legal guardian on behalf of the State. * The best interest of children is to be taken in consideration regarding all actions concerning them. Employment of Children

* Children under 15 years old can only be employed if:
* They work directly under sole responsibility of their parents or legal guardian. * They must work only where their members of the family are employed. * Primary and secondary education must be provided.

* Children can venture in public entertainment or information if: * A work permit from the Department of Labor and Employment must be ensured. * The employment contract is concluded only by the children’s parents or legal guardian. * The expenses agreement of the children must be included in the contract as well. * The protection, health, safety, morals and normal development of the child must be ensured at all times. * Measures to prevent the child’s exploitation or discrimination must be issued and implemented. * The duration and arrangement of working time must be arranged in consideration of the children’s other activities for their moral development. Hours of Work of a Working Child

* Below 15 years old
* Is not allowed to work between 8pm to 6am in the morning of the following day
* 15 years old
* May be allowed to work for not more than twenty (20) hours a week
* Work shall not be more than four (4) hours at any given day
* 15 years old to 17 years old
* May be allowed to work for not more than forty (40) hours a week * Work shall not be more than eight (8) hours at any given day * Is not allowed to work between 10pm to 6am in the morning of the following day Ownership, Usage and Administration of the Working Child’s Income * The earnings of the children solely belong to them.

* These can be set aside for their support, education, and more. * The income of the children is only secondary to the collective needs of the family. * Not more than 20% of the children’s income may be used for the family. * The parents are the ones who has the responsibility to safe keep and allocate the earnings of the children properly. Trust Fund to Preserve Part of the Working Child’s Income

* The parent or legal guardian of working children below eighteen (18) years old shall set up a trust fund * At least thirty percent (30%) of the earnings of the children to at least two hundred thousand pesos (P200,000.00) annually of the earnings must be allocated to the trust fund of the Department of Labor and Employment * The children shall have full control over the trust fund upon reaching the age of majority. Prohibition Against Worst Forms of Child Labor

* No child shall be engaged in the worst forms of child labor. Kinds of Child Labor:
* Slavery
* All forms of slavery such as sale and trafficking of children, debt bondage forced or compulsory labor, including recruitment of children for use in armed conflict * Prostitution
* The use, offering or exposing of a child for prostitution, for the production of pornography or pornographic performances
* Illicit activities
* Using a child for illegal production and trafficking of dangerous drugs and other substance * Hazardous work that is harmful to the health, safety, and morals of the child * Degrades the worth and dignity of a child as a human being * Exposes the child to physical, emotional or sexual abuse * Is performed underground, underwater or at dangerous heights * Involves the use of dangerous machinery, equipment and tools * Exposes the child to physical danger:

* Dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or * Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements and substances * Is performed under particularly difficult conditions * Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites * Involves the manufacture or handling of explosives and other pyrotechnic products Access to Education and Training for Working Children

* No child shall be deprived of formal or non-formal education. * The employer must provide a working child with at least primary and secondary education. * The Department of Education (DEPED) is in charge of: * Provide relevant and effective course designs and educational programs * Conduct the necessary training for the implementation of the appropriate curriculum * Ensure the availability of the needed educational facilities and materials * Conduct continuing research and development program for the necessary and relevant alternative education of the working child. Prohibition on the Employment of Children in Certain Advertisements * No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography. Access to Immediate Legal, Medical and Psycho-Social Services * The working children have the right to free legal, medical and psycho-social services to be provided by the State.

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