Hazardous child labor

QUERY:

Last year, my thirteen-year-old daughter left for the capital-town of our province to look for work in order to pursue her studies. Because she was pretty she was hired as a guest relations officer in a hotel. Her job, however, prevented her from studying as she had to work virtually the whole day. Worse, she had to entertain guests in their rooms.

When I learned about this, I visited her to advise her to find another job. The hotel manager prevented her from leaving, saying she signed a three-year contract with them. Can the hotel management compel my daughter to continue working because of the contract? Is there a way for my daughter to be released from the contract?
Dalmacio E.
Response:

Your query elicits an affirmative answer. The contract she entered into is defective, she being a minor.
The Civil Code provides that “unemancipated minors“ cannot give consent to a contract (Article 1327). Thus, the subject contract is voidable.

Parenthetically, the phrase “unemancipated minors” refers to persons who have not reached the age of majority—as such, they are still subject to parental authority. By the way, a voidable contract is one that possesses all the essential requisites of a valid contract, but has a defect or vice in that the consent is vitiated where one of the parties—like your young daughter—is incapable of giving consent thereto. Thus, the same can be the subject of annulment.

Considering that your daughter is dutybound to entertain the hotel guests in their rooms, it is possible that she was required to engage in immoral activities. If this is the case then it can be said that the contract also lacks an essential element, i.e., lawful cause. On this score, the Civil Code also provides, inter alia, that contracts with unlawful cause produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. (Article 1352) If this is the case then the contract she entered into may be treated as void. Article 1409 clearly provides that a contract is inexistent and void from the beginning if its “cause, object or purpose is contrary to law, morals, good customs, public order or public policy.”

For your information, we have a law, R.A. 9231 (which amended Republic Act No. 7610) the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,” which provides special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development. Under the law, children below 15 years old should not be employed—this is subject only to a few exceptions—and with the further condition that:

the employer should ensure the protection, health, safety, morals and normal development of the child;
the employer should institute measures to prevent the child’s exploitation or discrimination, taking into account the system and level of remuneration, and the duration and arrangement of working time; and
the employer should formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills-acquisition of the child.

In these cases where a child may be employed, the employer should first secure, before engaging such child, a work-permit from the Department of Labor and Employment to ensure the observance of the above requirements. The term “child” applies to all persons under eighteen years of age.

The law also prohibits the employment of children in the worst forms of child labor. “Worst forms of child-labor” refer to:

All forms of slavery, as provided for in the Anti-Trafficking in Persons Act of 2003, or practices similar to slavery, such as sale and trafficking of children, debt-bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed-conflict;

The use, procuring, offering, or exposing of a child for prostitution, for the production of pornography or pornographic performances;

The use, procuring, offering, or exposing of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children.
For your information, complaints on case of unlawful acts committed against children may be filed by the following: (a) Offended party; (b) Parents or guardians; © Ascendant or collateral relative within the 3rd degree of consanguinity; (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the DSWD; (f) Barangay chairman of the place where the violation occurred or where the child is residing or employed; or (g) At least 3 concerned, responsible citizens where the violation occurred.

The family courts have jurisdiction over all cases involving offenses punishable under RA 9231. However, in cities or provinces where there are no family courts, the regional trial courts and the municipal trial courts have concurrent jurisdiction.
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Above all things, let us reflect on what our Lord and Master Jesus Christ said: “Take care to guard against all greed, for though one may be rich, one’s life does not consist of possessions.” (Luke 12:15) –Ramon Mabutas Jr., The Manila Times
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esmabutas@yahoo.com