LITTLE HELPERS: A PRACTICAL GUIDE TO DETERMINE EXISTENCE OF CHILD LABOR

Children are the hope of our nation. Jose P. Rizal, our National Hero, emphasized the role of our children in building a better nation. It should serve as a guide for everyone, especially the parents, to help every child achieve his or her full potential and to contribute in the development of our country.

In the Philippines, a "child" is defined as a person below the age of emancipation which is eighteen years. The term "child" acquired a new meaning upon the enactment of the Child Protection Law. The new law, expanded the definition of children to mean "persons below eighteen 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.[1]

While growing up, a child may be assigned tasks at home, in school or even in family businesses. These tasks, generally, will help his/her personal development in preparation for the real world. But not all of these responsibilities are good for the child. Some may step on the line and might be illegal. To help us determine whether the work/task is legal or not, we should answer some questions.

What is child work?

What is child labor?

What is the difference between child work and child labor?

What are the laws that protect a child from child labor?

According to International Labour Organization (ILO), not all work done by children should be classified as child labor that is to be targeted for elimination. Children’s or adolescents’ participation in work that does not affect their health and personal development or interfere with their schooling is generally regarded as being something positive. ILO defines child labor as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.[2]

According to studies conducted by Ecumenical Institute for Labour Education and Research Inc (EILER) and the Quidan Kaisahan (QK), 1 out of 5 Filipino households tolerate child labor. Most of them can be found in agriculture, industry, and services sectors.[3]

In a 2011 survey, the Phil. Statistics Authority (PSA) reveals that:

1. The estimated number of children aged 5 to 17 years who worked for at least one hour during the past week in October 2011 was 3.3 million.

2. Of the 17 administrative regions, fourteen had at least one working children in every ten children. Northern Mindanao had the highest proportion at 22.1 percent while the National Capital Region had the lowest at 5.4 percent.

3. As to school attendance, approximately 2.1 million working children 5 to 17 years old had attended school during the current school year (SY 2011-2012).[4]

The survey shows the reality in our country, with respect to child labor. The numbers are not surprising at all. Everyday we witness children working in the streets, in an establishment or even in the television/movies.

There are legal and illegal forms of child labor as defined in Republic Act 9231, which seeks to eliminate worst forms of child labor.

It states that a child cannot be employed except:

1. When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed.

2. Where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential.

Provided that:

a. an employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible.

b. should be with the approval of the Department of Labor and Employment (DOLE).

Limitations on working hours are also provided as follows:

1. If the child is 15 years old and below, he is allowed maximum of 4 hours a day and a total of 20 hours a week. The child is not allowed to work from 8pm to 6am.

2. A child below 18 years old but above 15 is allowed to work at a maximum of 8 hours a day and a total of 40 hours a week. He is not allowed to work from 10pm to 6am.

The law also states that the income of the working child shall belong to him in ownership. It shall be used primarily for his support, education or skills acquisition. It may be used for the collective needs of the family, provided that it will not exceed 20% of the child's income.

Further, the law provides that, the working child shall have access to education. It is the employer’s obligation to give at least primary and secondary schooling for the child.

Republic Act 10361 also known as Kasambahay Law allows children 15 years old and above to work as house helpers provided their rights such as education, shall not be sacrificed.

Our laws are clear in defining what prohibited child work is and what is not. I think many of us are not properly informed on this issue. We think that tasks given by a parent to a child is normally acceptable. Not thinking that the child might become a victim of child labor, thus preventing his proper development.

One day, during my field work in the town of Cordova, Province of Cebu, I noticed a child working with an adult. They are building something. The adult is piling up the hollow blocks, while the child is mixing the cement and delivers it to the adult using a pail.

I walked towards the child and asked him a few questions:

Me: How old are you?

Child: Fourteen.

Me: Do you go to school?

Child: Yes.

Me: What grade?

Child: Grade six.

Me: So, you are absent in your class today?

Child: It can’t be helped because we need money to survive.

Me: What do you want to be when you grow up?

Child: I want to be an artist someday.

Our conversation was brief. But I learned three things that will help my understanding of the situation.

First is that poverty is one of the causes of child labor. If we want to stop child labor, we should find ways in augmenting the income of every family. There is no reason for a child to do jobs if his parents can provide basic needs and send him to school.

Second is that child labor is a hindrance in the normal development of a child, especially in education. The child is already fourteen years old but he is still in grade six.

Third is that every child has a dream. He said he wants to be an artist when he grows up. Even though he had hardships in life, his dream still lives on.

In my opinion, generally, child work is good. It is needed to prepare a child to become an adult. And to teach the child lessons that will help him to become a better person when he grows up. But there are limitations of child work that everyone should know. And as much as possible strictly observe.

We should let every child live and enjoy the life of a child!

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PROJECT IMPLEMENTATION

In order to achieve our goal in stopping child labor, I conducted an information drive. I went to Mabolo Christian Academy in Mabolo, Cebu City to give out pamphlets to parents to boost awareness on this issue.

I also gave a lecture on the guidelines to determine the existence of child labor at the University of Southern Philippines.

The awareness campaign was participated by 45 parents and 30 children.

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ABOUT THE AUTHOR

Curt Deligero is a law student of the University of Southern Philippines.

He is a father of two energetic children and is a husband to a beautiful wife.

He believes that every child matters.

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REFERENCES

[1] SEC 3, ART 1, Republic Act 7610, 1992.

[2] ILO, Child Labour in the Philippines, http://www.ilo.org/manila/areasofwork/child-labour/lang--en/index.htm

[3] Buena Bernal, Study: At least 1 in 5 PH households tolerates child labor, 2015, https://www.rappler.com/nation/82189-households-child-labor-ph-study

[4] PSA, Estimated Number of Working Children 5 to 17 Years Old, 2015, https://psa.gov.ph/content/estimated-number-working-children-5-17-years-old-who-worked-during-past-week-was-33-million