Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour. The Committee had noted with interest the information contained in the Government’s report concerning the policy framework pursued and methods used to abolish child labour and progressively raise the minimum age for admission to employment. It had noted, for example, the launching of the Philippine National Strategic Framework for Plan Development for Children, 2000-25, and the National Programme of Action Against Child Labour (NPACL).

The Committee notes that, according to the International Confederation of Free Trade Unions (ICFTU) report for the World Trade Organization General Council ("Review of the trade policies of the Philippines", 29 June 2005), child labour is a problem in the country. Indeed, the ICFTU refer to a 2001 survey, according to which 4 million children aged 5 to 17 are economically active. In the 5 to 9 years age group, 246,000 children were working in 2001; in the 10 to 14 years age group, 1.9 million children were working in 2001. The ICFTU adds that 70 per cent of child labourers live in rural areas and 63.4 per cent are boys. They work mainly in shops, markets, farming, forestry and fishing activities. Most child labourers (51.2 per cent) worked one to four hours a day, 37.3 per cent worked five to eight hours a day and 8.7 per cent worked more than eight hours per day. The ICFTU further indicates that three out of five children were exposed to an hazardous environment, including physical and chemical hazards. It also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add. 259, 3 June 2005, paragraphs 78 and 79), expressed its deep concern at "the high number of child workers (3.7 million working children) in the State party". The Committee on the Rights of the Child (paragraph 10) also expressed its concern about the fact that "existing mechanisms are insufficient to monitor and evaluate the implementation of the National Strategic Framework for Plan Development for Children in a coherent way". Noting the absence of information in the Government’s report on the concrete measures taken under the National Strategic Framework for Plan Development for Children, or the NPACL Labour to abolish child labour, the Committee asks the Government to redouble its efforts to progressively ensure the effective abolition of child labour, and to provide detailed information on progress made and concrete steps taken in this regard.

Article 2, paragraph 1. Scope of application. The Committee had noted the Government’s indication that the minimum age for those who work outside an employment relationship is regulated by ordinances issued by some local government executives. It notes that the Government provides in its report, a list of ordinances issued at the local level concerning child begging, the employment of children in entertainment establishments, and the hiring of children as waitresses and waiters in restaurants and pubs. The Committee observes that these ordinances appear to regulate the employment of children in certain types of activities not falling under the Labor Code without concerning directly self-employed children. The Committee reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including self-employment. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that self-employed children benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the absence of information in the Government’s report on this point. The Committee once again notes that, according to UNESCO reports, school is compulsory for children aged 6 to 12 years. 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 of age). 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. It 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, paragraph 140). Noting the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.31, 5 November 2004, paragraph 50) that 50 per cent of the 3.7 million child labourers are aged 5 to 14, the Committee once again considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It therefore trusts that the Government will, in its next report, indicate the measures taken or envisaged to raise the age of completion of compulsory schooling to 15 in order to protect children under that age from engaging in economic activities.

Article 4. Exclusion of limited categories of employment or work. The Committee had noted that, at the time of ratification, the Government specified a minimum age of 15 years for admission to employment or work. It had also noted that section 139(a) of the Labor Code and section 12 of Republic Act No. 7658/1993 (as amended by Act No. 9231), set a minimum age of 15 years for admission to employment. However, under the terms of section 139(a) of the Labor Code, a child under 15 years of age may be employed when he/she works directly under the sole responsibility of his/her parents or guardian, and his/her employment does not interfere with his/her schooling. Section 12(1) of Republic Act No. 7658/1993 (as amended by Act No. 9231) authorizes a child under 15 years of age to work if he/she works under the sole responsibility of his parents or legal guardian and in an undertaking where only members of the employer’s family are employed. The Committee had noted the Government’s indication 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 notes the Government’s indication that the organizations of employers and workers concerned were consulted prior to the adoption of Act No. 9231, concerning the exclusion of family undertakings from its scope of application.

Article 7. Minimum age for admission to light work. The Committee had 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. It had also noted the Government’s indication 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 labor and imposing stiffer penalties for its violation and for other purposes". The Government had indicated that the pending bill prescribes only the hours of work of a working child.

The Committee observes that section 12 of Act No. 7610, as amended in 1993, provides that children below 15 years shall not be employed except in family undertakings and in artistic performances provided that their health, safety, morals and development are protected. It also observes that, by virtue of sections 4 and 7 of Order No. 65-04 of 26 July 2004, the minimum age for admission to employment is 15 years except in family undertakings (which was excluded from the scope of application of the Convention by the Government at the time of ratification), and in artistic performances for which an individual authorization shall be granted. Noting the contradiction between these provisions and section 107 of the Child and Youth Welfare Code (Presidential Decree No. 603) which allows children below 16 years of age to carry out light work, the Committee asks the Government to provide clarification on the applicable legislation concerning the employment of children in light work. In this regard, 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, of the Convention, 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. It also asks the Government to provide information on the adoption of "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", and to provide a copy of the Act as soon as it is adopted.

Article 9, paragraph 1, and Part V of the report form. The Committee notes the absence of information in the Government’s report on the manner in which the Convention is applied in practice. It also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add. 259, 3 June 2005, paragraphs 78 and 79), expressed its concern about the weak enforcement of labour laws. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to improve the labour inspection system or any other enforcing bodies to ensure that national provisions giving effect to the Convention are effectively implemented. It also asks 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.