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TABLE OF CONTENTS

8. WORKING CONDITIONS FOR SPECIAL GROUP OF WORKERS ............................................................................................. 2

A. WOMEN .......................................................................................................................................................................... 2

B.CHILDREN ....................................................................................................................................................................... 15

C. HOUSEHELPERS/CAREGIVERS ....................................................................................................................................... 40

D. HOMEWORKERS ........................................................................................................................................................... 46

9. MEDICAL, DENTAL AND OCCUPATIONAL SAFETY ............................................................................................................. 50

III. Employee Classification ................................................................................................................................................... 53

IV. TERMINATION OF EMPLOYMENT .................................................................................................................................... 62

A. GENERAL CONCEPTS ..................................................................................................................................................... 62

B. TERMINATION OF EMPLOYMENT BY EMPLOYEE .......................................................................................................... 66

C. TERMINATION OF EMPLOYMENT BY EMPLOYER ......................................................................................................... 68

1. Substantive Requirements Just Causes .................................................................................................................. 69

2. Substantive Requirements - Business-related Causes .............................................................................................. 81

3. Disease ...................................................................................................................................................................... 85

4. Enforcement of Union Security Clause in the CBA.................................................................................................... 86

5. Illegal Strike/ Illegal Acts ........................................................................................................................................... 87

D. PROCEDURAL REQUIREMENTS ..................................................................................................................................... 88

E. RELIEFS/REMEDIES IN ILLEGAL DISMISSAL .................................................................................................................... 98

V. RETIREMENT ................................................................................................................................................................... 107

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8. WORKING CONDITIONS FOR SPECIAL GROUP OF WORKERS

A. WOMEN

SUMMARY:

Pregnant women employees are entitled to maternity leave with full pay, of at least 2 weeks prior to the expected delivery date, and another 4 weeks after, as long as they have served an aggregate of at least 6 months for the last 12 months.

Should the pregnant woman employee fail to avail of the 2-week pre-delivery leave or any portion of it, the said period shall be added to her post-delivery leave.

Employers may require of employees seeking to avail of such leave a medical certificate stating that the delivery will probably take place in two weeks.

Maternity leave can further be extended, for certified causes (when she is rendered unfit to work by the pregnancy/miscarriage/abortion), but without pay, unless the woman employee has leave credits left to avail of.

Maternity leave benefits shall only be paid by the employer for a woman employee's first four deliveries.

Employers who habitually employ more than 200 workers in any locality must provide free family planning services to their employees and spouses.

The prohibition on discrimination against women in the workplace has both constitutional and statutory basis.

Arts. II, Sec. 14 and Art. XIII, Sec. 14, 1987 Constitution

Labor Code and the Omnibus Rules Implementing the Labor Code

RA 9710

RA 10151

CEDAW

Acts of gender discrimination include:

payment of a lesser compensation to a female employee as against a male employee, for work of equal value;

favoring a male employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes;

stipulations against marriage;

dismissal or non-admission to work due to pregnancy or the possibility of being pregnant again.

RA 10151's repeal of Arts. 130-131 of the Labor Code, allowed the employment of night workers (for not less than seven hours a day, including the interval from 12AM-5AM), subject to health assessment and the provision of mandatory first-aid, sleeping or resting, and transportation facilities. The limit for night work are fixed by the Secretary of Labor after consulting with workers' representatives, labor organizations and employers. RA 10151 does not cover workers employed in agriculture, stock raising, fishing, maritime transport and inland navigation.

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Prior to RA 10151, women in industrial undertakings may not work between 10 PM-6AM, while women in

commercial or non-industrial undertakings may not work between 12 AM-6AM. With respect to agricultural night work, women must first be given a rest period of at least 9 hours. These prohibitions can be disregarded in extraordinary cases of force majeure, urgent work to be performed on machineries, the concerned employee being a managerial/technical/healthcare-providing employee or are family members, etc.

RA 10151 suggests that alternatives be given to women night workers for at least sixteen weeks divided before and after childhood, and for additional periods, upon presentation of a medical certificate attesting to the necessity of such extension. During this period, a woman worker cannot be dismissed for causes relating to her pregnancy/childbirth/childcare responsibilities, nor shall it affect her employment status.

Pregnant women and nursing mothers may only be allowed to work at night upon the certification of a competent physician other than the company physician.

Under Section 8 of RA 7192, housewives who devote their full time to managing the household shall, upon the working

spouse's consent, be entitled to voluntary Pag-IBIG, GSIS or SSS coverage to the extent of half the working spouse's salary and compensation. Their contributions will be deducted from the working spouse's salary.

RA 9710 prohibits the expulsion and non-readmission of women faculty and female students on account of their pregnancy

outside of marriage.

Under RA 9710, a woman employee who has worked an aggregate period of six months for the last 12 months is also entitled to a special leave benefit of 2 months with full pay based on her gross monthly compensation, if she underwent surgery caused by gynecological disorders.

Women in Especially Difficult Circumstances are defined in Sec. 30 of RA 9710 as those victims and survivors of sexual and

physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, rape, incest, etc. and those in detention.

RA 9710 also affirms Women's Right to Decent Work, which involves work standards and job creation (Sec. 22).

Establishments required by law to maintain a clinic or infirmary shall provide free family planning services to their employees, including contraception.

A woman who works with/without compensation in any night club, cocktail lounge, massage clinic, bar or other similar

establishments under the control and supervision of that establishment's management shall be considered its employee.

Sexual harassment may be committed in a work-related environment or an education or training-related environment. It is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act.

In a work-related environment, sexual harassment is committed: when the sexual favor is made a condition for granting favorable employment status; impairs the employee's rights or privileges under existing labor laws; or would result in an intimidating, hostile, or offensive environment for the employee.

In an education or training environment, sexual harassment is committed against one's ward, student/apprentice, premised on the granting of favorable education assessment/benefits, or when the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Persons who direct or induce another to commit sexual harassment or cooperate in its commission are also liable for the

same act. ____________________________________________________________________________________________________________

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8. WORKING CONDITIONS FOR SPECIAL GROUPS OF WORKERS A. WOMEN

Labor Code Art. 133 MATERNITY LEAVE BENEFITS. a. Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks. b. The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged. c. The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee after the effectivity of this Code.

Labor Code Art. 134 FAMILY PLANNING SERVICES; INCENTIVES FOR FAMILY PLANNING a. Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices. b. In coordination with other agencies of the government engaged in the promotion of family planning, the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise.

Labor Code Art. 135 DISCRIMINATION PROHIBITED.It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.

The following are acts of discrimination: a. Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and b. Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes. Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. (As amended by Republic Act No. 6725, May 12, 1989)

Labor Code Art. 136 STIPULATION AGAINST MARRIAGE.It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.

Labor Code Art. 137 PROHIBITED ACTS.It shall be unlawful for any employer: 1. To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code. 2. To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy; 3. To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.

Labor Code Art. 138 CLASSIFICATION OF CERTAIN WOMEN WORKERS.Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage

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clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.

Omnibus Rules, Book III, Rule XII Employment of Women and Minors Sec. 1. GENERAL STATEMENT ON COVERAGE.This Rule shall apply to all employers, whether operating for profit or not, including educational, religious and charitable institutions, except to the Government and to government-owned or controlled corporations and to employers of household helpers and persons in their personal service insofar as such workers are concerned. Sec. 2. EMPLOYABLE AGE.Children below fifteen (15) years of age may be allowed to work under the direct responsibility of their parents or guardians in any non-hazardous undertaking where the work will not in any way interfere with their schooling. In such cases, the children shall not be considered as employees of the employers or their parents or guardians. Sec. 3. ELIGIBILITY FOR EMPLOYMENT.Any person of either sex, between 15 and 18 years of age, may be employed in any non-hazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age. For purposes of this Rule, a non-hazardous work or undertaking shall mean any work or activity in which the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. The Secretary of Labor and Employment shall from time to time publish a list of hazardous work and activities in which persons 18 years of age and below cannot be employed. Sec. 4. STATUS OF WOMEN WORKERS IN CERTAIN WORK PLACES.Any woman who is permitted or suffered to work with or without compensation, in any night club, cocktail lounge, beer house, massage clinic, bar or similar establishments, under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishments for purposes of labor and social legislation. No employer shall discriminate against such employees or in any manner reduce whatever benefits they are now enjoying by reason of the provisions of this Section. Sec. 5. NIGHT WORK OF WOMEN EMPLOYEES.Any woman employed in any industrial undertaking may be allowed to work beyond 10:00 o'clock at night, or beyond 12:00 o'clock

midnight in the case of women employees of commercial or non-industrial enterprises, in any of the following cases: (a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquakes, epidemic or other disaster or calamity, to prevent loss of life or property or in cases of force majeure or imminent danger to public safety; (b) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; (c) Where the work is necessary to prevent serious loss of perishable goods; (d) Where the woman employee holds a responsible position of a managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services; (e) Where the nature of the work requires the manual skill and dexterity of women and the same cannot be performed with equal efficiency by male workers or where the employment of women is the established practice in the enterprises concerned on the date these Rules become effective; and (f) Where the women employees are immediate members of the family operating the establishment or undertaking. The Secretary of Labor and Employment shall from time to time determine cases analogous to the foregoing for purposes of this Section. Sec. 6. AGRICULTURAL WORK.No woman, regardless of age, shall be permitted or suffered to work, with or without compensation, in any agricultural undertaking at night time unless she is given a rest period of not less than nine (9) consecutive hours, subject to the provisions of Section 5 of this Rule. Sec. 7. MATERNITY LEAVE BENEFITS.Every employer shall grant to a pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months immediately preceding the expected date of delivery, or the complete abortion or miscarriage, maternity leave of at least two (2) weeks before and four (4) weeks after the delivery, miscarriage or abortion, with full pay based on her regular or average weekly wages. Sec. 8. ACCREDITATION OF LEAVE CREDITS.Where the pregnant woman employee fails to avail of the two-week pre-delivery leave, or any portion thereof, the same shall be added to her post-delivery leave with pay.

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Sec. 9. PAYMENT OF EXTENDED MATERNITY LEAVE.When so requested by the woman employee, the extension of her maternity leave beyond the four-week post-delivery leave shall be paid by the employer from her unused vacation and/or sick leave credits, if any, or allowed without pay in the absence of such leave credits, where the extended leave is due to illness medically certified to arise out of her pregnancy, delivery, complete abortion or miscarriage which renders her unfit for work. Sec.10. LIMITATION ON LEAVE BENEFITS.The maternity benefits provided herein shall be paid by an employer only for the first four (4) deliveries, miscarriages, and/or complete abortions of the employee from March 13, 1973, regardless of the number of employees and deliveries, complete abortions or miscarriages the woman employee had before said date. For purposes of determining the entitlement of a woman employee to the maternity leave benefits as delimited herein, the total number of her deliveries, complete abortions, or miscarriages after said date shall be considered regardless of the identity or number of employers she has had at the time of such determination, provided that she enjoyed the minimum benefits therefor as provided in these regulations. Sec. 11. FAMILY PLANNING SERVICES.Employers who habitually employ more than two hundred (200) workers in any locality shall provide free family-planning services to their employees and their spouses which shall include but not limited to, the application or use of contraceptives. Subject to the approval of the Secretary of Labor and Employment, the Bureau of Women and Young Workers shall, within thirty (30) days from the effective date of these Rules, prescribe the minimum requirements of family planning services to be given by employers to their employees. Sec. 12. RELATION TO AGREEMENTS.Nothing herein shall prevent the employer and his employees or their representatives from entering into any agreement with terms more favorable to the employees than those provided herein, or be used to diminish any benefit granted to the employees under existing laws, agreements, and voluntary employer practices. Sec. 13. PROHIBITED ACTS.It shall be unlawful for any employer: (a) To discharge any woman employed by him for the purpose of preventing such woman from enjoying the maternity leave, facilities and other benefits provided under the Code; (b) To discharge such woman employee on account of her pregnancy, or while on leave or in confinement due to her

pregnancy; (c) To discharge or refuse the admission of such woman upon returning to her work for fear that she may be pregnant; (d) To discharge any woman or child or any other employee for having filed a complaint or having testified or being about to testify under the Code; and (e) To require as a condition for a continuation of employment that a woman employee shall not get married or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. Sec. 14. FACILITIES FOR WOMAN EMPLOYEES.Subject to the approval of the Secretary of Labor and Employment, the Bureau of Women and Young Workers shall, within thirty (30) days from the effective date of these Rules, determine in an appropriate issuance the work situations for which the facilities enumerated in Article 131 of the Code shall be provided, as well as the appropriate minimum age and other standards for retirement or termination of employment in special occupations in which women are employed.

R.A. 7192, An Act Promoting the Integration of Women as Full and Equal Partners of Men in Development and Nation Building and for Other Purposes. Section 1. TITLE. This Act shall be cited as the "Women in Development and Nation Building Act." Sec. 2. DECLARATION OF POLICY. The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men. The State shall provided women rights and opportunities equal to that of men. To attain the foregoing policy: (1) A substantial portion of official development assistance funds received from foreign governments and multilateral agencies and organizations shall be set aside and utilized by the agencies concerned to support programs and activities for women; (2) All government departments shall ensure that women benefit equally and participate directly in the development programs and projects of said department, specifically those funded under official foreign development assistance, to ensure the full participation and involvement of women in the development process; and (3) All government departments and agencies shall review and revise all their regulations, circulars, issuances and procedures to remove gender bias therein.

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Sec. 3. RESPONSIBLE AGENCY. The National Economic and Development Authority (NEDA) shall primarily be responsible for ensuring the participation of women as recipients in foreign aid, grants and loans. It shall determine and recommend the amount to be allocated for the development activity involving women. Sec. 4. MANDATE. The NEDA, with the assistance of the National Commission on the Role of Filipino Women, shall ensure that the different government departments, including its agencies and instrumentalities which, directly or indirectly, affect the participation of women in national development and their integration therein: (1) Formulate and prioritize rural or countryside development programs or projects, provide income and employment opportunities to women in the rural areas and thus, prevent their heavy migration from rural to urban or foreign countries; (2) Include an assessment of the extent to which their programs and/or projects integrate women in the development process and of the impact of said programs or projects on women, including their implications in enhancing the self-reliance of women in improving their income; (3) Ensure the active participation of women and women's organizations in the development programs and/or projects including their involvement in the planning, design, implementation, management, monitoring and evaluation thereof; (4) Collect sex-disaggregated data and include such data in its program/project paper, proposal or strategy; (5) Ensure that programs and/or projects are designed so that the percentage of women who receive assistance is approximately proportionate to either their traditional participation in the targeted activities or their proportion of the population, whichever is higher. Otherwise, the following should be stated in the program/project paper, proposal or strategy; (a) The obstacle in achieving the goal; (b) The steps being taken to overcome those obstacles; and (c) To the extent that steps are not being taken to overcome those obstacles, why they are not being taken. (6) Assist women in activities that are of critical significance to their self-reliance and development. Sec. 5. EQUALITY IN CAPACITY TO ACT. Women of legal age, regardless of civil status, shall have the capacity to act and enter into contracts which shall in every respect be equal

to that of men under similar circumstances. In all contractual situations where married men have the capacity to act, married women shall have equal rights. To this end: (1) Women shall have the capacity to borrow and obtain loans and execute security and credit arrangement under the same conditions as men; (2) Women shall have equal access to all government and private sector programs granting agricultural credit, loans and non-material resources and shall enjoy equal treatment in agrarian reform and land resettlement programs; (3) Women shall have equal rights to act as incorporators and enter into insurance contracts; and (4) Married women shall have rights equal to those of married men in applying for passport, secure visas and other travel documents, without need to secure the consent of their spouses. In all other similar contractual relations, women shall enjoy equal rights and shall have the capacity to act which shall in every respect be equal to those of men under similar circumstances. Sec. 6. EQUAL MEMBERSHIP IN CLUBS. Women shall enjoy equal access to membership in all social, civic and recreational clubs, committees, associations and similar other organizations devoted to public purpose. They shall be entitled to the same rights and privileges accorded to their spouses if they belong to the same organization. Sec. 7. ADMISSION TO MILITARY SCHOOLS. Any provision of the law to the contrary notwithstanding, consistent with the needs of the services, women shall be accorded equal opportunities for appointment, admission, training, graduation and commissioning in all military or similar schools of the Armed Forces of the Philippines and the Philippine National Police not later than the fourth academic year following the approval of this Act in accordance with the standards required for men except for those minimum essential adjustments required by physiological differences between sexes. Sec. 8. VOLUNTARY PAG-IBIG, GSIS AND SSS COVERAGE. Married persons who devote full time to managing the household and family affairs shall, upon the working spouse's consent, be entitled to voluntary Pag-IBIG (Pagtutulungan Ikaw, Bangko, Industriya at Gobyerno), Government Service Insurance System (GSIS) or Social Security System (SSS) coverage to the extent of one-half (1/2) of the salary and compensation of the working spouse. The contributions due

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thereon shall be deducted from the salary of the working spouse. The GSIS or the SSS, as the case may be, shall issue rules and regulations necessary to effectively implement the provisions of this section. Sec. 9. IMPLEMENTING RULES. The NEDA, in consultation with the different government agencies concerned, shall issue rules and regulations as may be necessary for the effective implementation of Sections 2, 3 and 4, of this Act within six (6) months from its effectivity. Sec. 10. COMPLIANCE REPORT. Within six (6) months from the effectivity of this Act and every six (6) months thereafter, all government departments, including its agencies and instrumentalities, shall submit a report to Congress on their compliance with this Act. Sec. 11. SEPARABILITY CLAUSE. If for any reason any section or provision of this Act is declared unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect. Sec. 12. REPEALING CLAUSE. The provisions of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as amended, and of Executive Order No. 209, otherwise known as the Family Code of the Philippines, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed. Sec. 13. EFFECTIVITY CLAUSE. The rights of women and all the provisions of this Act shall take effect immediately upon its publication in the Official Gazette or in two (2) newspapers

of general circulation. Approved: February 12, 1992

REPUBLIC ACT No. 7877, An Act Declaring Sexual Harassment Unlawful In The Employment, Education Or Training Environment, And For Other Purposes. Section 1. TITLE. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995." Section 2. DECLARATION OF POLICY. - The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful. Section 3. WORK, EDUCATION OR TRAINING -RELATED, SEXUAL HARASSMENT DEFINED. - Work, education or

training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act. Section 4. DUTY OF THE EMPLOYER OR HEAD OF OFFICE IN A WORK-RELATED, EDUCATION OR TRAINING ENVIRONMENT. - It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to

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prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall: (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions. (b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees. In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be. The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned. Section 5. LIABILITY OF THE EMPLOYER, HEAD OF OFFICE, EDUCATIONAL OR TRAINING INSTITUTION. - The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken. Section 6. INDEPENDENT ACTION FOR DAMAGES. - Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative

relief. Section 7. PENALTIES. - Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. Section 8. SEPARABILITY CLAUSE. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration. Section 9. REPEALING CLAUSE. - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 10. EFFECTIVITY CLAUSE.- This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

R.A. 9710 OF 2009, An Act Providing for the Magna Carta of Women Material provisions are cited in the succeeding portion. The full text may be viewed at: http://www.lawphil.net/statutes/repacts/ra2009/ra_9710_2009.html

Labor Code Arts. 130-131

(Provisions amended by RA 10151 referred to above)

Art. 130. Nightwork prohibition. No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation: a. In any industrial undertaking or branch thereof between ten oclock at night and six oclock in the morning of the

following day; or b. In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six

oclock in the morning of the following day; or c. In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours. Art. 131. Exceptions. The prohibitions prescribed by the

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preceding Article shall not apply in any of the following cases: a. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to

public safety; b. In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the

employer would otherwise suffer; c. Where the work is necessary to prevent serious loss of

perishable goods; d. Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare

services; e. Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be

performed with equal efficiency by male workers; f. Where the women employees are immediate members of

the family operating the establishment or undertaking; and g. Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations.

1. WOMEN UNDER THE CONSTITUTION

1987 Consti. Art. II, Sec. 14 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

1987 Consti. Art. XIII, Sec. 14 The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

PHIL. TELEGRAPH AND TELEPHONE CO. v. NLRC FACTS: A probationary employee concealed the fact of her marriage in two reliever applications, and was subsequently dismissed for it. HELD: PT&Ts illegal and discriminatory policy drove the employee into committing the concealment, thus no bad faith can be attributed to her.

2. COVERAGE

Omnibus Rules, Book III, Rule XII, Sec. 1 GENERAL STATEMENT ON COVERAGEThis Rule shall apply to all employers, whether operating for profit or not, including educational, religious and charitable institutions, except to the Government and to government-owned or controlled corporations and to employers of household helpers and persons in their personal service insofar as such workers are concerned.

3. EQUAL TREATMENT BEFORE THE LAW

RA 9710, Sec. 2 (par. 1) DECLARATION OF POLICYRecognizing that the economic, political, and sociocultural realities affect women's current condition, the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political, social, and cultural life of women and men.

RA 9710, Sec. 12 EQUAL TREATMENT BEFORE THE LAWThe State shall take steps to review and, when necessary, amend and/or repeal existing laws that are discriminatory to women within three (3) years from the effectivity of this Act.

1987 Constitution Art. II, Sec. 14 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

4. NIGHT WORK

RA 10151, An Act Allowing the Employment of Night Workers, Thereby repealing Arts. 130-131 of the Labor Code SEC. 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to read as follows:

Chapter V

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Employment of Night Workers

Art. 154. COVERAGE. This chapter shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five oclock in the morning, to be determined by the Secretary of Labor and Employment, after consulting the workers representatives/labor organizations and employers. Night worker means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers representatives/labor organizations and employers.

Art. 158. WOMEN NIGHT WORKERS. Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work: (a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth; (b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child: (1) During pregnancy; (2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers. During the periods referred to in this article: (i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities. (ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position. Pregnant women and nursing mothers may he allowed to work at night only if a competent physician, other than the company physician, shall certify their fitness to render night work, and specify, in the ease of pregnant employees, the period of the pregnancy that they can safely work.

The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave. The provisions of this article shall not have the effect of reducing the protection and benefits connected with maternity leave under existing laws.

5. PROHIBITED ACTS

a. DISCRIMINATION

Labor Code Art. 135 DISCRIMINATION PROHIBITEDIt shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. The following are acts of discrimination: Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes. Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. (As amended by Republic Act No. 6725, May 12, 1989)

RA 9710, Sec. 2 (par. 2) DECLARATION OF POLICYThe State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law. The State shall accord women the rights, protection, and opportunities available to every member of society.

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RA 9710, Sec. 12 EQUAL TREATMENT BEFORE THE LAWThe State shall take steps to review and, when necessary, amend and/or repeal existing laws that are discriminatory to women within three (3) years from the effectivity of this Act.

b. STIPULATION AGAINST MARRIAGE

Labor Code Art. 136 STIPULATION AGAINST MARRIAGEIt shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.

DUNCAN ASSOCIATION OF DETAILMAN-PTGWO v. GLAXO WELLCOME FACTS A Glaxo Wellcome employee fell in love and married an employee of competitor Astra. HELD Glaxo Wellcomes directive to have either the wife or husband resign from his or her job is a valid management prerogative to protect trade secrets, manufacturing formulas, sales strategies, etc.

c. DISCHARGE TO PREVENT ENJOYMENT OF BENEFITS

Labor Code Art. 137 (1) PROHIBITED ACTSIt shall be unlawful for any employer: (1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code.

d. DISCHARGE ON ACCOUNT OF PREGNANCY

Labor Code Art. 137 (2 -3) PROHIBITED ACTSIt shall be unlawful for any employer: (2) To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy;

(3) To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.

RA 9710, Sec. 13 (c) EQUAL ACCESS AND ELIMINATION OF DISCRIMINATION IN EDUCATION, SCHOLARSHIPS AND TRAINING. (c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission to a female student solely on the account of her having contracted pregnancy outside of marriage during her term in school.

e. DISCHARGE ON ACCOUNT OF TESTIMONY

Omnibus Rules, Book III, Rule XII, Sec. 13 (d) PROHIBITED ACTS.It shall be unlawful for any employer: (d) To discharge any woman or child or any other employee for having filed a complaint or having testified or being about to testify under the Code;

f. EXPULSION OF WOMEN FACULTY/FEMALE STUDENT DUE TO PREGNANCY OUTSIDE OF MARRIAGE

Omnibus Rules Book III, Rule XII, Sec. 13 (c) PROHIBITED ACTS.It shall be unlawful for any employer: (c) To discharge or refuse the admission of such woman upon returning to her work for fear that she may be pregnant;

6. FACILITIES

Labor Code Art. 132 FACILITIES FOR WOMENThe Secretary of Labor and Employment shall establish standards that will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require any employer to: (1) Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency; (2) To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women; (3) To establish a nursery in a workplace for the benefit of the women employees therein; and

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(4) To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.

Labor Code Art. 134 FAMILY PLANNING SERVICES; INCENTIVES FOR FAMILY PLANNINGEstablishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices. In coordination with other agencies of the government engaged in the promotion of family planning, the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise.

Omnibus Rules, Book III, Rule XII, Sec. 11 FAMILY PLANNING SERVICES. Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices. In coordination with other agencies of the government engaged in the promotion of family planning, the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise.

7. SPECIAL WOMEN WORKERS

Labor Code Art. 138 CLASSIFICATION OF CERTAIN WOMEN WORKERSAny woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.

8. MATERNITY LEAVE

RA 8282, Social Security Act of 1997, Sec. 14-A (a) A member who has paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of sickness or injury and is confined therefor for more than three (3) days in a hospital or

elsewhere with the approval of the SSS, shall, for each day of compensable confinement or a fraction thereof, be paid by his employer, or the SSS, if such person is unemployed or self-employed, a daily sickness benefit equivalent to ninety percent (90%) of his average daily salary credit, subject to the following conditions: (1) In no case shall the daily sickness benefit be paid longer than one hundred twenty (120) days in one (1) calendar year, nor shall any unused portion of the one hundred twenty (120) days of sickness benefit granted under this section be carried forward and added to the total number of compensable days allowable in the subsequent year; (2) The daily sickness benefit shall not be paid for more than two hundred forty (240) days on account of the same confinement; and (3) The employee member shall notify his employer of the fact of his sickness or injury within five (5) calendar days after the start of his confinement unless such confinement is in a hospital or the employee became sick or was injured while working or within the premises of the employer in which case, notification to the employer is necessary: Provided, That if the member is unemployed or self-employed, he shall directly notify the SSS of his confinement within five (5) calendar days after the start thereof unless such confinement is in a hospital in which case notification is also not necessary: Provided, further, That in cases where notification is necessary, the confinement shall be deemed to have started not earlier than the fifth day immediately preceding the date of notification.

9. SEXUAL HARASSMENT

a. DEFINITION

RA 7877, Anti-Sexual Harassment Act, Sec. 3 WORK, EDUCATION OR TRAINING-RELATED, SEXUAL HARASSMENT DEFINED.Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment

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of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.

b. WHEN COMMITTED IN A WORK-RELATED/EMPLOYMENT ENVIRONMENT

RA 7877, Anti-Sexual Harassment Act, Sec. 3(a) WORK, EDUCATION OR TRAINING-RELATED, SEXUAL HARASSMENT DEFINED.Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.

c. DUTY OF THE EMPLOYER

RA 7877, Sec. 4 DUTY OF THE EMPLOYER OR HEAD OF OFFICE IN A WORK-RELATED, EDUCATION OR TRAINING ENVIRONMENTIt shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall: (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the

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investigation of sexual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees. In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors,

instructors, professors or coaches and students or trainees, as the case may be. The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.

PHIL. AEOLUS AUTOMOTIVE UNITED CORP. v. NLRC FACTS Several violations of company rules were imputed to a female employee of Phil. Aeolus, including her throwing of a stapler at her superior. HELD The throwing incident was an offshoot of four years worth of sexual harassment directed at the employee, and the fact that it took her a long time to complain shouldn't be taken against her; instead, she should be lauded for it.

LIBRES v. NLRC FACTS Engr. Libres was accused of sexual harassment by his companys vice presidents secretary. HELD A finding of sexual harassment is not precluded by the fact that RA 7877 did not yet exist at the time the act complained of was committed.

B.CHILDREN

SUMMARY:

A child is any person below 18 years old.

The best interests of children shall be the paramount consideration in all actions concerning them.

Children cannot be employed until they are 15 years old, except when:

the child works directly under the sole responsibility of his or her parents/legal guardian in an establishment/capacity where only the latter are employed;

the child's participation in public entertainment or information is essential.

In the first case, the parent/legal guardian must provide the child's primary and/or secondary education. In the second case, the employment contract must be undertaken by the child's parents/legal guardian, and if possible, with the child's express agreement. Such employment contract must also be approved by the DOLE. The employer must secure a work permit for the child employee-to-be as well.

The validity of a child's work permit cannot exceed a year.

In case of public entertainment or information, an employer intending to hire spot extras (or those being cast outright on the day of the filming or taping), must file a notice with the Regional Office that it will undertake activities involving child work. The requirements for issuance of a child's working permit are therefore not applicable.

A working child is any worker:

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in work/economic activity that is not child labor, and is below 18 years old;

below 15 years old, working under the direct responsibility of his/her parents/guardians where the latter are the only ones employed, or in public entertainment or information.

A working child may work up to:

Below 15 years: 20 hours max per week, not more than four hours per day; and not from 8PM-6AM

15 years old, but below 18: 8 hours a day/40 hours a week max; and not from 10PM-6AM

All of a working child's income shall belong to him in ownership and shall be set aside primarily for his/her support, education or skills acquisition and secondarily (up to 20%), may be used for his/her family's collective needs. Such income shall be under both parents' administration. If one parent is incapacitated, the other shall administer. But if both are absent or incapacitated, the order of preference on parental authority in the Family Code are applicable:

surviving grandparent; in case several survive, the one designated by the court taking into account all relevant considerations, especially the choice of the child over seven years of age, unless the grandparent chosen is unfit;

oldest brother or sister, over 21 years of age, unless unfit or disqualified; and

actual custodian over 21 years of age, unless unfit or disqualified.

If the child earns at least P200,000 annually, his/her parents or other legal guardian shall set up a trust fund for at least 30% of the child's earnings, which is subject to a semi-annual accounting with the DOLE. The child gains full control of this trust fund upon reaching 18 years of age.

Employers must provide working children with access to at least primary and secondary education.

Child labor is any work or economic activity that subjects a child to exploitation, or a condition harmful to his/her health & safety or physical, mental or psychosocial development.

Prohibition on child labor (Department Order 65-04)

Worst Forms of Child Labor:

slavery under the Anti-Trafficking in Persons Act of 2003, and other similar practices

prostitution, pornography, pornographic performances

illegal or illicit activities, including those related to dangerous drugs

work hazardous/harmful to the health, safety and morals of children debases child's intrinsic worth and dignity as a human being exposes child to physical, emotional, sexual, psychological, moral abuse performed underground/ underwater/at dangerous heights involves dangerous equipment exposes child to physical danger, or requires manual transport of heavy load performed in unhealthy environments performed under difficult conditions exposes child to harmful biological agents involves explosives and other pyrotechnic products

The imposable penalty for all forms of child slavery, prostitution or pornography are those provided in RA 9208 or the Anti-

Trafficking in Persons Act of 2003. Offenses relating to the production and trafficking of dangerous drugs and prohibited volatile substances shall be penalized according to RA 9165 or the Comprehensive Dangerous Drugs Act.

Upon a finding that a business, firm or establishment had committed violations of RA 9231 for more than three times, the Secretary of Labor or the Regional Director may order its closure.

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In case of a first violation, the Regional Director shall issue a compliance order for immediate restitution and correction of the violation. Failure to comply constitutes a second violation.

In case of a second violation, another compliance order shall be issued, and the employer shall be prohibited from hiring a child for six months. Failure to comply constitutes a third violation.

In case of a third violation, another compliance order shall be issued. Failure to comply will constitute a fourth violation justifying closure of the establishment.

Prior notice and hearing (which is summary) are required before the issuance of a Closure Order. But no such prior notice

and hearing are required if:

the violation has resulted in the death, insanity or serious physical injury of a child employed therein

a child is employed therein for prostitution or obscene or lewd shows

there is imminent danger to the life and limb of the child

Such immediate closure shall be enforced within five days from the Regional Director's receipt of the complaint or petition for closure and relevant documentary evidence. While the participation of the DOLE in a rescue operation is encouraged, the Regional Office may initiate closure proceedings even without a prior rescue operation, or without the presence of DOLE personnel. If a complaint or petition for closure is filed after a rescue operation has been conducted without the presence of DOLE personnel, the Regional Director shall take cognizance of the complaint/petition.

Children below 18 cannot appear in advertisements directly or indirectly promoting alcoholic beverages, intoxicating drinks,

tobacco and its byproducts, gambling, violence or pornography.

Family courts have jurisdiction in matters relating to child labor. If upon preliminary investigation a prima facie case is established, the information must be filed in court within 48 hours from the end of such P.I. Trial must be terminated within 90 days.

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B. CHILDREN

Labor Code Art. 139 MINIMUM EMPLOYABLE AGE a. No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in

any way interfere with his schooling. b. Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor

and Employment in appropriate regulations. c. The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment.

Labor Code Art. 140 PROHIBITION AGAINST CHILD DISCRIMINATIONNo employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.

Omnibus Rules, Book III, Rule XII, Secs. 2-3 Sec. 2. EMPLOYABLE AGE.Children below fifteen (15) years of age may be allowed to work under the direct responsibility of their parents or guardians in any non-hazardous undertaking where the work will not in any way interfere with their schooling. In such cases, the children shall not be considered as employees of the employers or their parents or guardians. Sec. 3. ELIGIBILITY FOR EMPLOYMENT.Any person of either sex, between 15 and 18 years of age, may be employed in any non-hazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age.

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For purposes of this Rule, a non-hazardous work or undertaking shall mean any work or activity in which the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. The Secretary of Labor and Employment shall from time to time publish a list of hazardous work and activities in which persons 18 years of age and below cannot be employed.

RA 7658, An Act Prohibiting the Employment of Children Below 15 years of age in Public and Private Undertakings, Amending for this purpose Section 12, Article VIII of RA 7610 Sec. 1. Section 12, Article VIII of R.A. No. 7610 otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act" is hereby amended to read as follows: "Sec. 12. EMPLOYMENT OF CHILDREN.- Children below fifteen (15) years of age shall not be employed except: 1. When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety, health and morals, nor impairs his normal development; Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or 2. Where a child's employment or participation in public entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: and Provided, That the following requirements in all instances are strictly complied with: a. The employer shall ensure the protection, health, safety, morals and normal development of the child; b. The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and c. The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the requirements. In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the child.

The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section." Sec. 2. All laws, decrees, executive orders, rules and regulations or parts thereof contrary to, or inconsistent with this Act are hereby modified or repealed accordingly. Sec. 3. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers or general circulation whichever comes earlier.

Approved: November 9, 1993

RA 7610 of 1992, An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and for Other Purposes ARTICLE I: Title, Policy, Principles and Definitions of Terms Section 1. TITLE. This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." Section 2. DECLARATION OF STATE POLICY AND PRINCIPLES. It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Section 3. DEFINITION OF TERMS.

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(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. (c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not limited to, the following; (1) Being in a community where there is armed conflict or being affected by armed conflict-related activities; (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development; (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life; (4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life; (5) Being a victim of a man-made or natural disaster or calamity; or (6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children. (d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of services and facilities to protected children against: (1) Child Prostitution and other sexual abuse; (2) Child trafficking;

(3) Obscene publications and indecent shows; (4) Other acts of abuses; and (5) Circumstances which threaten or endanger the survival and normal development of children.

ARTICLE II:Program on Child Abuse, Exploitation and Discrimination Section 4. FORMULATION OF THE PROGRAM. There shall be a comprehensive program to be formulated, by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development. ARTICLE III: Child Prostitution and Other Sexual Abuse Section 5. CHILD PROSTITUTION AND OTHER SEXUAL ABUSE. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the

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victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. Section 6. ATTEMPT TO COMMIT CHILD PROSTITUTION. There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code. ARTICLE IV: Child Trafficking Section 7. CHILD TRAFFICKING. Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. Section 8. ATTEMPT TO COMMIT CHILD TRAFFICKING. There is an attempt to commit child trafficking under Section 7 of this Act: (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian;

(b) When a pregnant mother executes an affidavit of consent for adoption for a consideration (c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or (e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking. A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V:Obscene Publications and Indecent Shows Section 9. OBSCENE PUBLICATIONS AND INDECENT SHOWS. Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. ARTICLE VI: Other Acts of Abuse Section 10. OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR EXPLITATION AND OTHER CONDITIONS PREJUDICIAL TO THE CHILDS DEVELOPMENT. (a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period. (b) Any person who shall keep or have in his company a

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minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty. (c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor. (d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment. (e) Any person who shall use, coerce, force or intimidate a street child or any other child to; (1) Beg or use begging as a means of living; (2) Act as conduit or middlemen in drug trafficking or pushing; or (3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua. For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,

corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development. ARTICLE VII: Sanctions for Establishments or Enterprises Section 11. SANCTIONS OF ESTABLISHMENTS OR ENTERPRISES WHICH PROMOTE, FACILITATE OR CONDUCT ACTIVITIES CONSTITUTING CHILD PROSTITUTION AND OTHER SEXUAL ABUSE, CHILD TRAFFICKING, OBSCENE PUBLICATIONS AND INDECENT SHOWS, AND OTHER ACTS OF ABUSE. All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional. An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.

ARTICLE VIIIWorking Children Section 12. EMPLOYMENT OF CHILDREN. Children below fifteen (15) years of age may be employed except: (1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or

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secondary education; or (2) When a