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Labor IX. - Week 8 - Minors - Nightworkers - Coggle Diagram

- - - - Worst Forms of Child Labor - Slavery, Pornography, Drug Trafficking, Hazardous Work, Debase/Demean/Degrade, Exposure to physical, emotional or sexual abuse, Highly Stressful psychologically/moral, Work underground/underwater/dangerous heights, Circuses, (DO 149-A)
        
        Discrimination - Can't discriminate against minors.
        
        Jurisdiction - Either Family Court, or NLRC if purely administrative.
    - - Child Laborer - prohibited. Any work that subjects child to any form of exploitation or is harmful to the child's health and safety as well as the psychosocial, physical and mental development.
      - Working Child - accepted. Below (18). May work in an economic activity that does not constitute child labor.
        
        Between 13 to 15
        
        Between 15 and 18
        
        Family Business;
        
        In public entertainment or information.
        
        Schedule - Max of 40 hours a week. 8 hours a day.
        
        Hours of Work - No work from 10pm to 6 am
        
        Certificate of Eligibility - If 15, no need for work permit.
        
        Work Permit - validity of one year.
        
        Schedule - Max of 20 hours a week. 4 hours a day. Working time
        
        Hours of Work - No work from 8 pm to 6 am
        
        Family Business - Sole responsibility of the parents and guardians WHERE only members of family are employed. That the parent or legal guardian atleast provide the primary and secondary education.
        
        Public Entertainment - allowed only when child participation is essential. Provided that employment contract. Employer ensures protection and development of the child. Must institute measures to prevent child exploitation or discrimination.
        
        Prohibition - No model in ads for alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography.
        
        Indirect Advertisement - covers this.
        
        Night Workers - children can never be night workers. Because no work from 10 to 6
- - - - Industrial Work - refers to decentralized form of production. Little to no supervision or regulation. Materials may be furnished to worker, who carries out work at their home. e.g. Christmas decoration homeworkers.
        
        Employer - Here, deals with the employer or contractor. Not directly for the household. Decentralized production.
        
        Processing - Materials given to them to process. Once finished, turnover to employer.
        Or, that employer or contractor sells material to them then buys the product back after finished.
        
        Place of Work - work done in their own home. If they perform work in the premises of the employer, they become supervised workers.
        
        Payment - immediate payment upon delivery of their finished goods.
        
        Deduction - Because E-E Exists, authorized wage deductions such as SSS/Philhealth allowed.
        
        2 more items...
        
        Rights and Duties - covers payment.
        
        Covers manufacturing, repacking and other similar work.
        
        Labor Organizaiton - homeworkers may have a labor organization.
        
        Registration - workers must be registered.
      - In industrial homework, the homeworker does at his home the work that his employer requires of him, using employer-supplied materials.
  - - - NIGHTWORKERS - All those employed or permitted or suffered to work at night during a period of not less than seven consecutive hours.
        
        EXCEPTION: Those employed in agriculture, stock raising, fishing, maritime
        transport, and inland navigation.
        
        TIME PERIOD - 10 PM to 6AM
        
        Transfer - Night workers who are certified by competent physician, as unfit to render night work, due to health reasons, shall be transferred to a job for which they are fit to work whenever practicable.
        
        The transfer of the employee must be to a similar or equivalent position and in good faith.
        
        If such transfer is not practicable or the workers are unable to render night work for a continuous period of not less than six (6) months upon the certification of a competent public health authority, these workers shall be granted the same company benefits as other workers who are unable to work due to illness.
        
        A night worker certified as temporarily unfit for night work for a period of less than six (6) months shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for health reasons.
    - - Place of Work - Not in their house.
      - Performance of other Work - if the Kasambahay performs work that is usually necessary and desirable in the usual trade or business of their employer, they cease to be househelpers and are considered as regular employees. (Co v. Vargas)
        
        Work for a Company - if the worker performs house chores or other similar work e.g. laundromat, if they perform such work in a corporation or a single proprietorship or other similar service in the staff houses or within the premises of the business of the employer, they are considered as regular employees of that particular company.
        
        Criteria here is the personal comfort and enjoyment of the family of the employer in the home of said employer. (Apex Mining v. NLRC)
        
        DAILY REST PERIOD - (8) hour aggregate rest period per day.
        
        WEEKLY REST PERIOD - (24) hours of consecutive rest in a week.
    - - Definition - RA 10361
        (c) Domestic work refers to work performed in or for a household or households.
        (d) Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
        The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. “baon”, transportation, school projects and school activities.