Firms violating anti-child labor law to be closed down
abs-cbnNEWS.com | 11/07/2009 8:47 AM
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MANILA - Any business establishment caught violating the anti-child labor law more than 3 times will face closure, the Department of Labor and Employment (DOLE) warned.
DOLE made the statement as it issued Department Circular No. 3 series of 2009, which included guidelines on the closure of businesses that violate Republic Act 9231 or the Anti-Child Labor Law.
Prior notice and hearing are required before closure orders can be issued unless there is ground for immediate closure, DOLE said.
Immediate closure, which shall not exceed 5 working days upon the DOLE regional director's receipt of the complaint or petition for closure, shall be applied in any of the following circumstances:
- violation of any of the provisions of RA 9231 has resulted in the death, insanity, or serious physical injury of a child worker
- the firm or establishment is employing a child for prostitution or obscene or lewd shows
- there is imminent danger to the life and limb of the child
Labor Secretary Marianito Roque said documentary evidence should also be included in the notice of closure such as:
- inspection report
- proof of child's age
- sworn statement of the complainant children and their witnesses
- photographs
- daily time record
- results of physical and medical examination issued by a competent medical practitioner
- accident report
- results of ultra-violet (UV) testing for receipt of marked money by the offender during entrapment
- business license or permit of the business concerned from the Securities and Exchange Commission (SEC)
In the case of an immediate closure, Roque said concerned businesses will face a "close-now-hear-later" process. The subsequent hearing will determine whether the closure order will be affirmed or reversed.
"With the circular out, the DOLE shall go full-swing in our efforts to eliminate worst forms of child labor in the country. Through significant and cautious steps, we can look forward to a child labor-free Philippines in the immediate future," Roque said.
The newly-released circular emphasized that closure proceedings may be initiated by the DOLE's regional office even without a prior rescue operation, or even in the absence of DOLE personnel.
The agency cited a provision in RA 9231, which states that proceedings for closure "may be initiated motu propio by the DOLE or upon complaint by any interested party."
"Department Circular No.3 not only provides legal bases in observing the provisions under RA 9231. It also serves as a shortlist that DOLE Regional Directors as well as other law enforcement agencies can use in carrying out their duties," Roque said.
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