MANILA, Philippines--Six years after Congress enacted a law banning the worst forms of child labor, the Department of Labor and Employment (DOLE) has come out with guidelines for companies facing closure for employing minors under dangerous circumstances.

Department Circular No. 3 issued last week provides guidelines for the closure of establishments under Republic Act No. 9231, An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child.

?With the circular out, DOLE shall go full-swing in its efforts to eliminate the 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,? said Labor Secretary Marianito Roque in a statement on Friday.

Immediate closure

Under the circular, a business establishment that violates any of the provisions of RA 9231 more than three times may be ordered closed by the labor secretary or DOLE regional director.

Roque said, however, that prior notice and a hearing would be required before a closure order may be issued unless there are grounds for immediate closure.

He said immediate closure shall apply in the following circumstances: Violation of any provision of RA 9231 which resulted in death, insanity or serious physical injury to a child worker; the establishment employed the child for prostitution or lewd shows; there is imminent danger to the life and limb of the child.

Roque said immediate closure shall mean a reasonable time not to exceed five working days reckoned from the receipt by the regional director of a complaint or petition for closure and documentary evidence.

Documentary evidence

He reminded DOLE regional directors that the documentary evidence should be attached to the notice of closure, along with other documents such as inspection reports, proof of the children?s ages, sworn statements of complainant children and their witnesses, photographs and daily time records.

The result of physical examinations conducted by competent medical practitioners, accident reports, and copies of the business license or registration of the establishments concerned should also be included.

He said the procedure 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 hearing shall determine whether the closure order would be affirmed or reversed, he said.

No prior rescue needed

Roque said Circular No. 3 also emphasizes that closure proceedings may be initiated by the DOLE regional office without a prior rescue operation and even without the presence of DOLE personnel.

The ?worst forms of child labor? as defined in RA 9231 include the enslavement of children, using minors in prostitution and illegal drugs activities, employing children in jobs that are harmful to their physical or psychological health, as well as putting child workers in hazardous work sites, making them use dangerous equipment and exposing them to health hazards such as microbes, toxic chemicals or extreme weather conditions.

The law specifically forbids children from engaging in work that is performed underground, underwater or at dangerous heights; or work that involves the manufacture or handling of explosives and other pyrotechnic products.