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Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted the Government’s information that the Department of Labor and Employment is implementing a Working Youth Center programme which caters to employed, self-employed and under-employed persons between 15 and 30 years of age. It had further noted that, according to the statistical information contained in the Labor Force Survey for 2005 provided by the Government, there were 155,000 self-employed children aged 5–17 years found to be working. The Committee had requested the Government to provide information on the manner in which self-employed children are covered by the protection provided for in the Convention.
The Committee notes the information provided by the Government in its report, that several ordinances are in place at the local level which prohibit the employment of children both within and outside an employment relationship in certain sectors, such as: begging or any other services for pay in the streets; hiring or employing children in any business or entertainment establishments; work as waiter/waitresses/entertainers; and manufacturing of pyrotechnics or fire crackers. It also notes that by virtue of section 4 of the Department Order No. 4 of 1999, persons aged 15–18 years may be allowed to engage in domestic or household service. The Committee observes, however, that there appear to be no provisions which provide for the application of the minimum age provision to children working in the agricultural sector. In this context, the Committee notes that according to the Government’s report of 20 March 2009 to the Committee on the Rights of the Child (CRC/C/PHL/3-4, paragraph 255), the 2001 survey on working children reported that there were 4 million children engaged in economic activity, out of which 2.3 million children were found to be working in the agricultural sector. Observing that a very large number of children work in the agricultural sector, the Committee urges the Government to take the necessary measures to ensure that children under the minimum age specified by the Government (15 years) working in the agricultural sector enjoy the protection afforded by the Convention. In this regard, it requests the Government to envisage taking measures to adapt and strengthen the labour inspection services so that they can secure the protection set out in the Convention for children working in the informal sector, such as agriculture.
Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that schooling is compulsory for children aged 6–12 years. It had also noted the Government’s indication that no measures had been taken to raise the age of completion of compulsory schooling to 15. The Committee had therefore requested the Government to strengthen its measures in order to increase school attendance and reduce drop-out rates, so as to prevent the engagement of children in child labour. The Committee notes the Government’s information on the various measures undertaken to keep children in school, which include: (a) an alternative learning system for the disadvantaged children and out-of-school children; (b) Project EASE which provides self-learning modules; (c) the Modified In-school Off-School Project which provide self-learning modules for elementary students; (d) an Education Voucher System which provides vouchers to poor or deserving elementary students to enrol in private schools; and (e) the Special Programme for Employment of Students to facilitate drop-outs and other employed students to pursue their education. The Committee further notes the statistical data provided by the Government on the school enrolment and drop-out rates estimated by the Department of Education. According to this data, the net enrolment ratio at the elementary and secondary levels for the year 2006–07 was 83.22 per cent and 58.59 per cent, respectively. With regard to school drop-out rates, in 2006–07 the school drop-out rates at the elementary level was 6.37 per cent, and at the secondary level it was 8.55 per cent. The Committee observes that the school drop-out rates fell by 0.96 per cent at the elementary level and by 3.96 per cent at the secondary level. However, the Committee notes the Government’s indication in its report of 20 March 2009 to the Committee on the Rights of the Child (CRC/C/PHL/3-4, paragraph 211) that there is a serious concern about the increasing number of children who are not able to go to school which is currently estimated at 4.2 million. Considering that free and compulsory education is one of the effective means of combating child labour, the Committee requests the Government to take the necessary measures to raise the age of completion of schooling to 15 years. It also requests the Government to continue taking measures to improve the functioning of the education system, in particular by increasing school enrolment and attendance rates among children under 15 years of age at the primary as well as the secondary level.
Part V of the report form. Application of the Convention in practice. The Committee notes that according to the information provided by the Government in its report under Convention No. 182, the Sagip Batang Manggagawa, an inter-agency mechanism to monitor and rescue children from child labour and its worst forms has been operational in 16 regions around the country. From 1998 to 2008, a total of 806 rescue operations were conducted with a total of 2,711 child labourers rescued. It also notes that the Philippines has stepped into a second phase of the Philippine Time Bound Programme (PTBP) for the years 2009–13, which aims to work towards 75 per cent reduction in child labour, with a main focus on agriculture, mining, fishing and domestic labour. The Committee notes, however, that according to the 2001 survey on children, out of 4 million economically active children aged 5–17 years, 246,000 were children between the ages of 5–9 years, and 1.9 million in the age group of 10–14 years. Expressing its deep concern at the situation and high number of children under the age of 15 years working in the Philippines, the Committee urges the Government to redouble its efforts to improve the situation. It requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on the implementation of the PTBP and the results achieved, particularly in terms of the PTBP’s contribution to the effective abolition of child labour.
The Committee notes the Government’s report. It requests the Government to provide information on the following points.
Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s information concerning the policy framework pursued to abolish child labour and progressively raise the minimum age for admission to employment. It had noted, in this regard, 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 the Government’s information that the social partners at the national and local levels recently participated in a series of strategic planning workshops for the formulation of the NPACL’s directions for the period 2007–15. According to the Government, child labour concerns have been mainstreamed in the Medium-Term Philippine Development Plan, Education for All National Action Plan and the National Plan of Action on Decent Work. Moreover, child labour indicators have been mainstreamed in national statistics such as the Labor Force Survey and the Annual Poverty Indicators Survey. The Committee also notes the Government’s information that workers and employers are actively and meaningfully involved in the national action against child labour. In fact, the workers’ groups have included anti-child-labour provisions in collective bargaining agreements, and have organized child labour monitoring amongst their members. The employers’ group promotes child-labour-free businesses and supply chains as a corporate social responsibility. Finally, the Committee notes with interest that through the IPEC support project to the Time-bound Programme (TBP) on the elimination of the worst forms of child labour, as of April 2007, more than 44,000 children have been prevented and withdrawn from the six priority forms of child labour (mining and quarrying; pyrotechnics production; deep-sea fishing; domestic labour; work in sugar cane plantations; commercial sexual exploitation) through education, vocational training, counselling, legal assistance and rehabilitation support. Approximately 4,400 family members generated and increased their incomes through livelihood support in the form of microcredit, basic literacy, vocational training and micro-enterprise start up.
Article 2, paragraph 1. Scope of application. Following its previous comments, the Committee notes the Government’s information that the Department of Labor and Employment (DOLE) is implementing a Working Youth Center (WYC) programme which caters to employed, self-employed and underemployed persons between 15 and 30 years of age. The Committee observes that the Government does not provide information on the measures taken to ensure that self-employed children benefit from the protection laid down in the Convention, such as the minimum-age provisions and the prohibition on performing hazardous work. It further notes that, according to the statistical information contained in the Labor Force Survey for 2005 provided by the Government, there were 155,000 self-employed children aged 5–17 years found to be working. The Committee once again requests the Government to provide information on the manner in which self-employed children are covered by the protection provided for in the Convention.
Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, according to UNESCO reports, schooling is compulsory for children aged 6–12 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). The Committee trusted that the Government would, 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. The Committee notes the Government’s statement that it has not taken any measures to raise the age of completion of compulsory schooling to 15. However, under the Philippine Constitution, the State shall provide children with free elementary and secondary education. This prevents children from engaging in economic activities. Moreover, under section 12 of Act No. 7610, as amended by Act. No. 9231 of December 2003 (entitled: “An Act providing for the Elimination of the Worst Forms of Child Labour and affording stronger protection for the working child, amending for this purpose Republic Act No. 7610, otherwise known as the ‘Special Protection of Children against Abuse, Exploitation and Discrimination Act’”), children under 15 years are prohibited from engaging in any economic activities, except where: (a) the child’s employment is under the sole responsibility of his/her parents and where only members of his/her family are employed; (b) where the child participates in artistic performances. In these two cases, the child’s education should not be prejudiced. In this regard, the Committee notes that section 7 of Department Order No. 65-04, implementing Act No. 9231 of 2003, states that children working under the two exceptions established by section 12 of Act No. 7610, as amended by Act No. 9231, shall be provided with at least mandatory elementary or secondary education. The Committee is of the view that compulsory education is one of the most effective means of combating child labour. It encourages the Government to strengthen its efforts in order to increase school attendance and reduce school drop-out rates, so as to prevent the engagement of children in child labour. It also requests the Government to provide updated statistical information on school attendance and school drop-out rates.
Article 7. Minimum age for admission to light work. The Committee had previously observed the contradiction existing in the Philippine legislation regarding light work. It had also noted the Government’s indication that there was 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 had requested the Government to provide clarification on the applicable legislation concerning the employment of children in light work. The Committee notes the Government’s information that the Bill 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” is one of the several bills consolidated with other child labour bills and passed into law as Act No. 9231 of 2003. Moreover, under section 15 of Order No. 65-04, children under 15 years who are allowed to work under the two exceptions enumerated in Act No. 9231 (family undertakings and artistic performances), can work for not more than four hours a day or for not more than 20 hours a week. The Committee observes that section 12 of Act No. 9231, provides that all laws, decrees or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Part III of the report form. Labour inspectorate. In its previous comments, the Committee had requested 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. The Committee notes the Government’s information that the DOLE has developed, through DOLE Administrative Order No. 296 of 2002, a Labour Standards Enforcement Framework as a new approach to improve its labour inspectorate system. Moreover, DOLE Order No. 57-04, series of 2004 (Guidelines implementing the labour standards enforcement framework) was issued to ensure compliance with labour standards in all establishments, workplaces and worksites. According to the Government, there is also a checklist containing general and occupational safety and health standards which is used by labour inspectors in the course of their visits to establishments. Included in the checklist are labour standards on the employment of children and young workers. The Committee notes the Government’s information that the DOLE inspectors ensure compliance with the minimum requirements of the general labour standards, including occupational safety and health standards and other related laws. Should the inspectors yield violations committed by the employers, rectification is required. Otherwise, the corresponding penalty is imposed. The violator shall be criminally prosecuted and penalized accordingly for the infraction committed. The same rules apply for violations of other laws pertaining to minors and young workers.
Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the 2001 statistical information contained in the ITUC report for the World Trade Organization General Council (“Review of the trade policies of the Philippines”, 29 June 2005), child labour was a problem in the country. Out of 4 million economically active children aged 5–17 years, 246,000 were found working in the 5–9 years age group, and 1.9 million in the 10–14 years age group. The Committee notes the Government’s information that, according to the statistical information contained in the Labor Force Survey for 2005 provided by the Government, 2,128,000 children between 5 and 17 years were found working, of which 1,220,000 were unpaid family workers, 751,000 wage and salary workers, and 155,000 self-employed workers. It also notes that, according to the DOLE statistics, 65 young workers were found working in the inspected establishments as of December 2006. The Committee further notes the Government’s information that from 1998 to 2006 there were 599 rescue operations conducted by an inter-agency team composed of the DOLE, the Philippine National Police, the National Bureau of Investigation and the Department of Social Welfare and Development to remove children working in exploitative and hazardous situations. A total of 2,159 child workers were rescued through these operations, of which 1,097 were girls. Finally, the Committee notes that, according to the ILO/IPEC Progress Report 2007, on the TBP in the Philippines, a certain number of children have been prevented and withdrawn from the following forms of child labour through the provision of education and training and rehabilitative measures: (a) 6,934 children have been prevented and 12,659 withdrawn from exploitative work in sugar plantations; (b) 443 children were prevented and 1,487 withdrawn from mining and quarrying; and (c) 3,224 children were prevented and 4,658 withdrawn from exploitative child domestic labour. The Committee requests the Government to continue providing 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 and penalties applied.
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.
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.
The Committee notes the information supplied by the Government in its first report and requests the Government to supply further information on the following points.
Article 2, paragraph 1. Several legislative provisions - the Labour Code, article 139(a); R.A. 7658/1993, section 12; Department Order No. 18 sections 1 and 3 - regulate the minimum age for employment, and set a minimum age consistent with the one declared at the time of ratification. None of this legislation seems to discipline the case of self-employment. Moreover, section 12 of the R.A. 7658/1993 excludes, subject to a few conditions, children working "under the sole responsibility of their parents or legal guardian and where only members of the employer’s family are employed". Article 139(a) of the Labour Code states that "no child below 15 years of age shall be employed, except when he works directly under the sole responsibility of his parents, and his employment does not interfere with his schooling".
The Committee recalls that the Convention aims to cover all sectors of employment and work. It therefore requests the Government to indicate what measures have been envisaged or taken to regulate the minimum age for work outside an employment relationship, such as work on his own account and to clarify the position of government law and practice in respect of "family undertakings", specifying also whether workers’ and employers’ organizations have been previously consulted.
Article 3, paragraph 2. The Committee notes the adoption of Department Order No. 4, Series of 1999, that lists prohibited types of work. As no indication is given of prior tripartite consultation, the Committee requests that the Government supply information on this matter.
Article 6. The Committee notes that section 59 of the Labour Code fixes a minimum age for apprenticeship at 14 years; section 73 and following defines "learners" as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time, which shall not exceed three months. The Committee requests the Government to indicate the legal provision that sets a minimum age for admission to a "learning programme".
Article 7. Section 107 of the Child and Youth Welfare Code provides that children below 16 years of age may be employed to perform light work. The Committee requests the Government to indicate the measures envisaged or taken to comply with Article 7 of the Convention that requires fixing a minimum age for light work (not less than 13 years) and identifying the competent authority to determine the light work activities, the hours and conditions of work.