33.
According to the International Covenant on Economic, Social, and Cultural
Rights, the right to work implies “the right of everyone to the opportunity to
gain his living by work which he freely chooses or accepts” and that the
state “will take appropriate steps to safeguard this right,” which include
technical and vocational guidance and training programs, policies, and
techniques to achieve steady economic, social and cultural development
and full and productive employment under conditions safeguarding
fundamental political and economic freedoms to the individual.”90 In
recognizing the right of everyone to the enjoyment of just and favorable
conditions of work, the state must ensure fair wages and equal
remuneration for work of equal value without distinction of any kind,
particularly for women, being guaranteed conditions of work not inferior to
those enjoyed by men, with equal pay for equal work; safe and healthy
working conditions; equal opportunity for everyone to be promoted in his
employment to an appropriate higher level; and rest, leisure and
reasonable limitation of working hours and periodic holidays with pay, as
well as remuneration for public holidays.91
34.
In terms of protection for children, both the Convention on the Rights of the
Child and the International Labour Standards recognize child labor as a
violation of fundamental human rights and have established clear
safeguards, one of which is by imposing a minimum age or ages for
admission to employment.92 The International Labour Standards has set
the general minimum age for admission to employment or work at 15 years
(13 for light work) and the minimum age for hazardous work at 18 (16 under
certain strict conditions).93
35.
In the Philippines, the 1987 Philippine Constitution ensures protection of
the right to work, which encompasses full protection to labor, local and
overseas, organized and unorganized, full employment, equality of
employment opportunities, rights to self-organization, collective bargaining
and negotiations, and peaceful concerted activities, shared responsibility
between workers and employers and just share in the fruits of production
and the right of enterprises to reasonable returns on investments, and
expansion and growth.94 The Labor Code, in particular, elaborates the
provisions for employment practices and labor relations in the country,
including establishing a “national apprenticeship program through the
participation of employers, workers, government and non-government
agencies to help meet the demand of the economy for trained
manpower.”95 It defines apprenticeship as a “practical training on the job
supplemented by related theoretical instruction,” and an apprentice as “a
worker who is covered by a written apprenticeship agreement with an
individual employer,” at least 14 years of age, and possesses vocational
aptitude and capacity for appropriate tests and the ability to comprehend
90
International Covenant on Economic, Social and Cultural Rights, adopted Dec. 16, 1966.
Id.
92
Conventions on the Rights of a Child, supra note 1 and International Labour Organization, Rules of the Game: An
Introduction TO the standards-related work of the International Labour Organization, (2019).
93
International Labour Organization, Rules of the Game: An Introduction to the standards-related work of the International
Labour Organization, at 42, (2019).
94
1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES, available at
https://www.officialgazette.gov.ph/constitutions/1987-constitution/ (last accessed June 18, 2022).
95
A Decree Instituting a Labor Code Thereby Revising and Consolidating Labor and Social Laws to Afford Protection to
Labor, Promote Employment and Human Resources Development and Insure Industrial Peace Based on Social Justice
[LABOR CODE], bk. 2, art. 57.
91
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