The Department of Labor and Employment (DoLE) has issued guidelines stating that any business, firm or establishment violating any of the provisions of Republic Act 9231 more than three times may be ordered closed by the secretary or the regional directors.
The Department Circular No. 3, series of 2009, clearly states the Guidelines for the Procedure for Closure of Business, Firm, or Establishment under RA 9231, otherwise known as An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child. The DoLE, however, clarified that prior notice and hearing are required before closure orders can be issued unless there is a ground for immediate closure.
Immediate closure shall be applied in any of the following circumstances: the violation of any of the provisions of RA 9231 has resulted in the death, insanity, or serious physical injury of a child worker; the firm or establishment is employing a child for prostitution or obscene or lewd shows; or there is imminent danger to the life and limb of the child. Imminent danger, as defined under Rule 1012.02 of the Occupational Safety and Health Standards is a condition or practice that could reasonably be expected to cause death or serious physical harm before abatement under the enforcement procedures can be accomplished.
Labor Secretary Marianito Roque said “immediate” closure shall mean a reasonable time not to exceed five working days reckoned from the receipt by the regional director of the complaint or petition for closure and relevant documentary evidence.
He reminded regional directors that documentary evidence should be attached to the Notice of Closure, along with other documents such as inspection report; proof of child’s age; sworn statement of the complainant child or children and their witnesses; photographs; daily time record or time sheet; results of physical and medical examination issued by a competent medical practitioner; accident report; results of ultra-violet testing for receipt of marked money by the offender during entrapment, and business license/permit/SEC registration of the business, firm, or establishment concerned.
Roque said the prescribed procedure considering the circumstances is a close-now-hear-later process wherein the notice of closure shall include a statement notifying the establishment concerned of a subsequent hearing. The conduct of a hearing shall determine whether the closure order will be affirmed or reversed.
Also emphasized in the Department Circular is closure proceedings may be initiated by the DoLE Regional Office even without a prior rescue operation or even without the presence of DoLE personnel.
This is according to Section 24 of Department Order 65-04 or the Implementing Rules and Regulations of RA 9231 which provides that the proceedings for closure “may be initiated motu propio by the DoLE or upon complaint by any interested party.”
“Department Circular No. 3 not only provides legal bases in observing the provisions under RA 9231. It also serves as a shortlist that DoLE regional directors as well as other law enforcement agencies can use in carrying out their duties,” Roque said.
“With the circular out, the DoLE shall go full swing in our efforts to eliminate worst forms of child labor in the country. Through significant and cautious steps, we can look forward to a child labor-free Philippines in the immediate future,” he added. –Mina Diaz, Daily Tribune
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