Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 2(2) and (3) of the Convention. Raising the initially specified age for admission to work and age of completion of compulsory schooling. The Committee previously noted that schooling was compulsory for children aged 6–12 years. The Committee also noted that the Government was implementing several measures to keep children in school and that school drop-out rates had decreased at both the elementary and secondary levels. Nonetheless, the Committee emphasized the necessity of linking the age of admission to employment (15 years) to the age limit for compulsory education (12 years).

The Committee notes the Government’s information that Republic Act No. 10533 – An Act enhancing the Philippine Basic Education System by strengthening its curriculum and increasing the number of years for Basic Education (Enhance Basic Education Act), was adopted in 2013. According to section 4 of this Act, “Elementary education refers to the second state of compulsory basic education which is composed of six years. The entrant age to this level is typically six years old. Secondary education refers to the third stage of compulsory basic education. It consists of four years of junior high school education and two years of senior high school education. The entrant age to the junior and senior high school levels are typically twelve and sixteen years old, respectively.”

The Committee once again emphasizes the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work. It points out that, if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work. On the other hand, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see the 2012 General Survey on the fundamental Conventions concerning rights at work, paragraphs 370–371). The Committee requests the Government to indicate clearly the age of completion of compulsory schooling under the terms of the Enhance Basic Education Act.