CHAPTER 1. — Duties in General of the Samahan
"Samahan" Defined.
ART. 104. "Samahan" Defined. — As used in this
Code, the term "samahan" shall refer to the aggregate of persons working
in commercial industrial, and agricultural establishments or
enterprises, whether belonging to labor or management.
Organization.
ART. 105. Organization. — The barangay, municipal
and city councils, whenever necessary, shall provide by ordinance for
the formation and organization of a samahan in their respective
communities. Membership in the samahan shall be on voluntary basis from
among responsible persons from the various sectors of the community
mentioned in the preceding article.
Duties of the Samahan.
ART. 106. Duties of the Samahan. — The Samahan
shall:
Prevent the employment of children in any kind of occupation
or calling which is harmful to their normal growth development;
Forestal their exploitation by insuring that their rates of
pay, hours of work and other conditions of employments are in accordance
not only with law but also with equity;
Give adequate protection from all hazards to their safety,
health, and morals, and secure to them their basic right to an
education;
Help out-of-school youth to learn and earn at the same time
by helping them look for opportunities to engage in economic self
sufficient projects;
To coordinate with vocational arid handicraft classes in all
schools and agencies in the barangay, municipality or city to arrange
for possible marketing of the products or articles made by the students;
and
Provide work experience, training and employment in those
areas where the restoration and conservation of our natural resources is
deemed necessary.
CHAPTER 2. — WORKING CHILDREN
Employment of Children Below Sixteen Years.
ART. 107. Employment of Children Below
Sixteen Years. — Children below sixteen years of age may be employed
to perform light work which is not harmful to their safety, health or
normal development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and
conditions of employment of children are hereby adopted as part of this
Code insofar as not inconsistent herewith.
Duty of Employer to Submit Report.
ART. 108. Duty
of Employer to Submit Report. — The employer shall submit to the
Department of Labor a report of all children employed by him. A separate
report shall be made of all such children who are found to be
handicapped after medical examination. The Secretary of Labor shall
refer such handicapped children to the proper government or private
agencies for vocational guidance, physical and vocational
rehabilitation, and placement in employment.
Register of Children.
ART. 109. Register of Children. — Every employer
in any commercial, industrial or agricultural establishment or
enterprise shall keep:
A register of all children employed by him, indicating the dates
of their birth;
A separate file for the written consent to their employment given
by their parents or guardian;
A separate file for their educational and medical certificates;
and
A separate file for special work permits issued by the Secretary
of Labor in accordance with existing laws.
Education of Children Employed as Domestics.
ART. 110. Education of Children Employed as Domestics.
— If a domestic is under sixteen years of age, the head of the family
shall give him an opportunity to complete at least elementary education
as required under Article 71. The cost of such education shall be a part
of the domestic's compensation unless there is a stipulation to the
contrary.
CHAPTER 3. — Labor Management Projects
Right to Self-Organization.
ART. 111. Right to Self-Organization. — Working
children shall have the same freedom as adults to join the collective
bargaining union of their own choosing in accordance with existing law.
Neither management nor any collective bargaining union shall
threaten or coerce working children to join, continue or withdraw as
members of such union.
Conditions of Employment.
ART. 112. Conditions of
Employment. — There shall be close collaboration between labor and
management in the observance of the conditions of employment required by
law for working children.
Educational Assistance Programs.
ART. 113. Educational Assistance Programs. — The
management may allow time off without loss or reduction of wages for
working children with special talents to enable them to pursue formal
studies in technical schools on scholarships financed by management or
by the collectiv3 bargaining union or unions.
Welfare Programs.
ART. 114. Welfare Programs. — Labor and management
shall, in cooperation with the Women and Minors Bureau of the Department
of Labor, undertake projects and in-service training programs for
working children which shall improve their conditions of employment,
improve their capabilities and physical fitness, increase their
efficiency, secure opportunities for their promotion, prepare them for
more responsible positions, and provide for their social, educational
and cultural advancement.
Research Projects.
ART. 115. Research Projects. — Labor and
management shall cooperate with any government or private research
project on matters of effecting the Welfare of working children.
CHAPTER 4. — Collaboration Between the Home and the Samahan
Collaboration Between the Home and the Samahan.
ART. 116. Collaboration Between the Home and the Samahan.
— The home shall assist the Samahan in the promotion of the welfare of
working children and for this purpose shall:
Instill in the hearts and minds of working children the value
of dignity of labor;
Stress the importance of the virtues of honesty diligence and
perseverance in the discharge of their duties;
Counsel them on the provident use of the fruits of their
labor for the enrichment of their lives and the improvement of their
economic security; and
Protect their general well-being against exploitation by
management or unions as well as against conditions of their work
prejudicial to their health, education, or morals.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).