Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Philippines (Ratification: 1998)

The Committee takes note of the Government’s reports, and requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee notes with interest of the information contained in the Government’s report concerning the policy framework pursued and methods used to ensure abolition of child labour and progressively to raise the minimum employable age, for example, the Philippine National Strategic Framework for Plan Development for Children, 2000-25, or the National Programme of Action Against Child Labour (NPACL). The Committee encourages the Government to pursue this national policy, and asks the Government to continue to provide information on this point.

Article 2, paragraph 1. Self-employment. In its previous comments, the Committee recalled that the Convention aims to cover all sectors of employment and work. It asked the Government to indicate the measures envisaged or taken to regulate the minimum age for work outside an employment relationship. The Committee notes the information provided by the Government in its report that the minimum age for those who work outside an employment relationship is regulated through the issuance of ordinances by some local government executives. The Committee requests the Government to communicate these ordinances, and to indicate the general measures taken or envisaged to extend the protection laid down in the code of labour to young persons engaged in work on their own account.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to information contained in UNESCO’s documents, school is compulsory for children from 6 to 12 years of age. There accordingly appears to be a difference of three years between the age of completion of compulsory schooling (12 years of age) and the minimum age for admission to employment or work (15 years). The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less that the age of completion of compulsory education. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILO, 67th Session, Geneva, 1981, para. 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It hopes, therefore, that the Government will indicate any development in this regard.

Article 3, paragraph 2. The Committee previously noted the adoption of Department Order No. 4, series of 1999 that listed prohibited types of work and requested the Government to supply information on prior tripartite consultations held thereon. The Government states in its report that prior to the issuance of Department Order No. 4, the following tripartite consultations were held: in July 1997, a Tripartite workshop was conducted; in March and April 1998, the Tripartite Executive Committee (TEC) also deliberated on the proposal; and during its November 1998 meeting, the National Child Labour Committee was consulted. The Committee takes due note of this information.

Article 4. Further to its previous comments, the Committee notes that, at the time of ratification, the Government specified a minimum age of 15 years for admission to employment or work. It also notes that section 139(a) of the Labour Code and section 12 of Republic Act 7658/1993 set a minimum age of 15 years for admission to employment. However, under the terms of section 139(a) of the Labour Code, a child below 15 years of age may be employed when he works directly under the sole responsibility of his parents or guardian, and his employment does not interfere with his schooling; and according to section 12(1) of Republic Act 7658/1993, subject to a few conditions, a child below 15 years of age may work under the sole responsibility of his parents or legal guardian and where only members of the employer’s family are employed. The Committee notes the information provided by the Government that work in family undertakings is one of the two exceptions to the prohibition on the employment of children below 15 years of age provided for under the Republic Act. The Committee requests the Government to supply information on the consultations which have taken place with the organizations of employers and workers concerned on this exclusion of family undertakings under Article 4, paragraph 1. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 7. In its previous comments, the Committee noted that section 107 of the Child and Youth Welfare Code (Presidential Decree No. 603), provides that children below 16 years of age may be employed to perform light work. In its most recent report, the Government indicates that there is a pending bill in the 12th Congress of the Philippine Senate entitled "An act adopting a magna carta for the working child providing for stronger deterrence and protection against child labour and imposing stiffer penalties for its violation and for other purposes". The Committee notes the Government’s indications that the pending bill prescribes only the hours of work of a working child. The Committee recalls that, according to Article 7, paragraph 1, of the Convention, national laws may permit young persons of 13 to 15 years of age to be employed or work in light work. The Committee also recalls that, according to Article 7, paragraph 3, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to supply information on the measures which have been taken or are envisaged to ensure that national law and practice comply with the requirements of Article 7 of the Convention by providing a minimum age for light work of not less than 13 years and by determining the light work activities and the conditions in which such employment or work may be undertaken. The Committee also requests the Government to supply copy of the abovementioned bill as soon as it is adopted.

Part V of the report form. The Committee requests the Government to supply information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.