Operational Guidelines on the Issuance of Child Labor-Free Establishment and/or Zone Seal

December 5, 2012

DOLE DEPARTMENT ORDER NO. 115-B-12

OPERATIONAL GUIDELINES ON THE ISSUANCE OF CHILD LABOR-FREE ESTABLISHMENT AND/OR ZONE SEAL

Pursuant to Department Order No. 115, Series of 2011, otherwise known as "Guidelines on the Implementation of the Incentivizing Compliance Program", the guidelines and procedure for the issuance of Child Labor-Free Establishment/Zone Seal is hereby issued as follows:

SECTION 1. Objectives. — This Guidelines shall govern the procedure on the grant of Child Labor-Free Establishment/Zone Seal which aims to promote compliant and socially responsible business practices as establishment and zone-based components of the DOLE's three-pronged Campaign for Child Labor-Free Philippines, the other being the ongoing Child Labor-Free Barangay (CLFB) initiative. For establishments, the DOLE Seal shall be through the Child Labor-Free Establishment (CLFE) 1 Certificate and for the zone, it will be the Child Labor-Free Zone (CLFZ) 2 Marker.

SECTION 2. Coverage. — This Guidelines shall apply nationwide to applicant or enrolled establishments which has been certified with the Tripartite Certificate of Compliance on Labor Standards (TCCLS) 3 bestowed by the DOLE Regional Office. Establishments can be enrolled through: (a) nomination by the Regional Coordinating Council (RCC) or the Regional Tripartite Industrial Peace Council (RTIPC); or (b) direct application.

SECTION 3. Criteria. — An establishment enrolled or nominated for the CLFE Certificate must meet the following criteria: SECAHa

a. Holder of a bestowed Tripartite Certificate of Compliance on Labor Standards;

b. Maintains a company policy expressly prohibiting child labor 4 which is displayed publicly. For those employing young workers (15 to 17 years of age), a policy on non-assignment in hazardous work 5 and worst forms of child labor;

c. Contracts or terms of engagement with its suppliers 6 and contractors, 7 if any, contain stipulations prohibiting child labor;

d. Has no pending case with the DOLE on the use of child labor; and

e. Suppliers and contractors, if any, have no pending case with the DOLE or any verified report on the use of child labor.

For enrolled or nominated zone, it must meet the following criteria:

a. Holder of a bestowed Tripartite Certificate of Compliance on Labor Standards;

b. Maintains a policy displayed publicly expressly prohibiting child labor for its locators, including suppliers and contractors of its locators;

c. Has no pending case with the DOLE on the use of child labor; and

d. All locators within the zone must be required to have a CLFE Certificate.

SECTION 4. Documentary Requirements. — An establishment/zone applying or nominated by the Regional Tripartite Industrial Peace Council (RTIPC) or Regional Coordinating Council (RCC) for the CLFE Certificate/CLFZ Marker shall submit the following documents to the Bureau of Workers with Special Concerns (BWSC):

a. Copy of:

i. Tripartite Certificate of Compliance on Labor Standards awarded to the establishment/zone; TEDHaA

ii. Written policy prohibiting child labor;

iii. Contracts or terms of engagement with suppliers and contractors, if any, together with list of names and addresses of suppliers and contractors; and

b. Certification from the DOLE Regional Office that the suppliers and contractors of the establishment, if any, or locators in the zone are not engaged in child labor.

An establishment/zone applying or nominated for the Child Labor-Free Seal (CLFE Certificate or CLFZ Marker) shall also submit contracts or terms of engagement with suppliers and contractors, if any, together with list of names and addresses of suppliers and contractors.

SECTION 5. Certification Process. — The following procedure shall be observed in the issuance of a CLFE Certificate/CLFZ Marker:

a. Upon receipt of application form (Form No. 1) with complete documents, the BWSC shall inform in writing the establishment/zone on the certification process and the Checklist to be administered (Form No. 2), copy furnished the DOLE Regional Office. It shall conduct documentary review, ocular visit and random interview of employees of the establishment/zone.

b. If the establishment/zone is found to be compliant, the BWSC shall issue a written notice of qualification (Form No. 3) to the establishment/zone and recommend to the DOLE Secretary the bestowal of the CLFE Certificate/CLFZ Marker. Otherwise, it shall forward the findings to the DOLE Regional Office for appropriate action.

c. In case the establishment has a supply chain, the BWSC shall request the appropriate DOLE Regional Office/s to conduct documentary review, ocular visit and random interview of employees of the supply chain, using the attached Checklist.

d. The DOLE Regional Office shall submit to the BWSC the results of its validation and recommendation.

e. The BWSC shall review the findings and the recommendation of the DOLE Regional Office. It may involve the Regional Child Labor Committee and/or National Council for the Child Labor in the review process. cDTHIE

f. The DOLE Secretary shall bestow the CLFE Certificate during the annual celebration of World Day Against Child Labor in the month of June or in any appropriate occasion as may be determined by the DOLE Secretary. The Marker for the CLFZ will be unveiled by the DOLE Secretary within the premises of the zone in a public ceremony.

SECTION 6. Validity of the CLFE Certificate/CLFZ Marker. — The Certificate/Marker shall remain valid unless the establishment/zone has been decertified for violation of the TCCLS, or a report on use of child labor by the establishment and/or its suppliers or contractors/locator has been verified as true.

SECTION 7. Decertification. — The BWSC may decertify an establishment/zone if any of its suppliers and contractors, or locators, are found, after due process, to have violated any child labor-related law or policy by the appropriate DOLE Regional Office or a tribunal.

SECTION 8. Incentives and Benefits. — A CLFE Certificate/CLFZ Marker serves as a badge of honor or DOLE guarantee that gives assurance to brand owners and consumers that the products or services are not tainted with child labor.

In recognition of their commendable actions against child labor, the following incentives and benefits shall be given to an establishment/zone certified as child labor-free:

a. Certificate/Marker of Recognition as Child Labor-Free Establishment/Zone from the BWSC and the DOLE Secretary; and

b. Priority endorsement to DOLE programs and services, such as, but not limited to, livelihood projects for families of employees of the establishment/zone, guaranteed booth in job fairs and exhibits, TESDA training slots and exposure in DOLE website;

c. Use of the Child Labor-Free Establishment/Zone logo in its promotional materials and activities; and

d. Promotion in the DOLE website as partner-implementor of the Child Labor-Free Philippines Campaign.

SECTION 9. Monitoring. — The Bureau of Workers with Special Concerns, as Program Manager, shall be responsible for ensuring continuing compliance by the certified establishment/zone with the provisions of Republic Act No. 9231 (Elimination of Worst Forms of Child Labor Act).

SECTION 10. Funding. — Funding for the implementation of the Child Labor-Free Establishment/Zone Seal shall be sourced from the General Appropriation Act budget of the BWSC.

SECTION 11. Effectivity. — This Guidelines shall take effect upon approval by the DOLE Secretary. DaTICc

Manila, Philippines, December 5, 2012.

(SGD.) ROSALINDA DIMAPILIS-BALDOZSecretary

Footnotes

1. "CLFE" refers to a company/establishment that is not employing child labor and not using products or materials produced through the use of child labor.

2. "CLFZ" refers to special economic zones wherein all establishments within the zone have been bestowed with CLFE Certificate.

3. "TCCLS" refers to the DOLE certificate issued to an establishment verified by the Tripartite Certification Committee to have been compliant with Labor Standards and Occupational Safety and Health Standards, with no pending case or complaint and with no fatal accidents, no lost time accidents, and with no or minimal first-aid treatment cases for three (3) consecutive years.

4. "Child labor" refers to any work or economic activity performed by a child (any person under 18 years of age) that subjects him/her to any form of exploitation or is harmful to his/her health and safety or physical, mental or psychosocial development.

5. "Hazardous work" refers to any work or activity in which the employee is exposed to any risk which constitutes an imminent danger to his safety and health.

6. "Supplier" refers to any organization or individual in the supply chain of a particular product or commodity.

7. "Contractor" refers to any person or entity, including a cooperative, engaged in a legitimate contracting or subcontracting arrangement in accordance with Department Order No. 18-A, Series of 2011, providing either services, skilled workers, temporary workers, or a combination of services to a principal under a Service Agreement.

Published in The Philippine Star on January 9, 2012.