TITLE VI

CHILD AND YOUTH WELFARE AND THE SAMAHAN

Chapter 1
DUTIES IN GENERAL OF THE SAMAHAN

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.

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.

Art. 106. Duties of the Samahan. - The Samahan shall:

(1) Prevent the employment of children in any kind of occupation or calling which is harmful to their normal growth and development;

(2) Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of employment are in accordance not only with law but also with equity;

(3) Give adequate protection from all hazards to their safety, health, and morals, and secure to them their basic right to an education;

(4) 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;

(5) To coordinate with vocational and 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

(6) 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

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.

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.

Art. 109. Register of Children. - Every employer in any commercial, industrial or agricultural establishment or enterprise shall keep:

(1) A register of all children employed by him, indicating the dates of their birth;

(2) A separate file for the written consent to their employment given by their parents or guardians;

(3) A separate file for their educational and medical certificates; and

(4) A separate file for special work permits issued by the Secretary of Labor in accordance with existing laws.

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

Art. 111. Right to Self-Organization. - Working children shall have the same freedoms 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.

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.

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 collective bargaining union or unions.

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.

Art. 115. Research Projects. - Labor and management shall cooperate with any government or private research project on matters affecting the welfare of working children.

Chapter 4
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:

(1) Instill in the hearts and minds of working children the value of dignity of labor;

(2) Stress the importance of the virtues of honesty; diligence and perseverance in the discharge of their duties;

(3) 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

(4) 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.