http://www.veoh.com/static/swf/veoh/SPL.swf?videoAutoPlay=0&permalinkId=yapi-motUBf-v7jEPlazo Law Firm: Learn Youth Employment Regulations.
Youth of a country is thought to be the nation’s future and hence it is essential to guide them in the right directions and shield them from exploitation during work. Work according to law1 is defined as the human effort whether intellectual, physical or technical, applied in return for a wage it may be temporary or permanent in nature. Article 20 to article 26 of the law pertains to regulating a youth’s employment conditions and the present article appraises and discusses the same.
First, it is crucial that you comprehend who all come within the definition of the term ‘youth’. The term isn’t defined in the law that was current and therefore the general significance of the term will be to be looked into. In general terms, the term ‘youth’ means the period of life which comes between adulthood and childhood.
The present article deals with the controlling provisions for the employment of the youth. Hence, the controlling provisions for employment of youth are applicable to youth between the age of 15 years and 21years of age. Applying a youth below age 15 years in the United Arab Emirates state would be illegal. Therefore article 21 of the law provides for measures to be taken by an employer to affirm the age of the youth before employing him/her. The employer is assumed to maintain a personal file for the youth and is under obligation to maintain documents giving evidence of the youth’s age therein. These files have to be kept in the youth’s personal file:
1. A birth certificate or an official extract thereof, or an age estimation certificate issued by a relevant doctor and authenticated by the competent health authorities. (for verification and proof of the fact that the youth is of employable age)
2. A certificate of health fitness for the required occupation authenticated and issued by a competent doctor.
3. A written consent of the guardian or trustee of the youth.
Farther, the law provides for a special register being maintained by the comprising vital info about the youth at the work place by the Employer. The said register is to contain information regarding the name and age of the work, date of employment and the youth, the full name of the guardian or trustee thereof, the place of residence. The date of employment will be to verify the youth when employed was of employable age. The work function of the youth needs as youths are allowed to do work only that is regarded as safe for them to be defined. Article 24 of the law provides that employment of youth in in such or hazardous, strenuous states that are harmful to the health conditions of the youth is prohibited. Environment and the circumstances that are considered to be harmful and dangerous to the youth’s health are determined by virtue of decision. Here only the physical health of the youth is taken into consideration but with effect of an amendment the provision for safeguarding the head and the mental health should also be added in the present law as youth is an age where the mind imprints very fast and easily and consequently it is essential to keep it away from unethical, immoral and illegal activities.
Further, the law provides for the duration for which a youth is allowed to work in terms of number and timings of hours. Article 23 provides that a youth can only be applied during day time but this provision is limited to employment in industrial enterprises. It also supplies the significance of the word “nighttime” to be a period of twelve consecutive hours at least including the period from 8 p. m. until 6 a. m. The maximum working hours for youths to 6 hours every day is limited by Article 25 of the law. These working hours would also comprise intervals for meals, rest or prayers. The intervals together are to be for a minimum of one hour and can be more than that but never less than that. Also the intervals or the interval are to be set in this kind of manner the youth will not work more than four straight hours and the youth is not to be kept in the work place for more than seven consecutive hours. Further the law also has enumerated provisions within itself against charging the youth with overtime or keeping him/her at the work place after working hours or making the youth work of rest days which comprises public holidays and Fridays.
At times it’s essential for the rehabilitation and development goals that the youth is made to work for longer hours or to attend work on rest days. For such instances the law provides a specific provision for educational and philanthropic institutions, that they may be exempt from the above if the Ministry of Labour and Social Affairs believes fit discussed provisions. This is not a rule but just a discretionary power of the Ministry of Labour and Social Affairs which shall consider all necessary facts and conditions into account before allowing any exemptions.
These provisions are to be considered by companies, trustees and their representatives, guardians of the youth. As article 34 of the law provides that employers are and shall be partially responsible for the following of the preceding discusses provisions of the law.
Joseph Plazo and Grace RInoza Plazo
Plazo Law
Attorneys-At-Law Philippines
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