Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

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.