The city government will be requiring all business establishments with entertainers or night workers to mandate their employees to submit their duly issued and valid true or authenticated copy of their birth certificates and for them to have a true or authenticated copy of the same kept on file for purposes of inspections in compliance with their working permit applications in the city.
Ordinance No. 74, series of 2023 amended Sections 1, 2 and 3 of Ordinance No. 102, series of 2003 which required all business establishments with entertainers and night workers to submit a true copy or authenticated copy of their birth certificates.
The ordinance that will take effect on September 21, 2023 will cover all establishments with entertainers and night workers within the city, thus, no establishment with entertainer or night workers in the city shall employ any entertainer or night worker without a duly issued and valid true or authenticated copy of his or her birth certificate being presented and submitted.
To legally protect minors and to prevent them from working in violation of the Labor Code of the Philippines, the duly issued valid certified true or authenticated copy of the birth certificate shall be presented to the Reproductive Health and Wellness Center of the City Health Services Office during their registration for work in night establishments.
In order to eradicate the worst form of child labor, to afford stronger protection to working children, to monitor the employment of minors in all business establishments with entertainers or night workers and to prevent them from being exposed to hazardous places, the City Social Welfare and Development Office, the Cordillera offices of the Department of Social Welfare and Development–Administrative Region and the Department of Labor and Employment, and the Baguio City Police Office can exercise visitorial powers and interview every employee in the establishment to determine their true ages and identify and required the presentation of their health records.
For the said purpose, a duly authenticated copy or a certified true copy of the birth certificate and any government-issued identification card of the employee shall be made available and be presented at all times to the members of the inspection team.
In the exercise of the said visitorial powers, the body stipulated that it shall be necessary that the National Privacy Commission shall be consulted at all times in order to protect the personal information of employees in all business establishments with entertainers or night workers as provided under Republic Act (RA) 10173 otherwise known as the Data Privacy Act.
Business establishments with entertainers or night workers found violating the pertinent provisions of the ordinance shall be penalized by a fine of P5,000 and revocation or forfeiture of business permit without prejudice to possible criminal and civil liability.
Moreover, applicants who submit falsified birth certificates in their application for employment shall be prosecuted and be made liable under the provisions of the Revised Penal Code and other pertinent laws upon endorsement of the City Legal office of such violation to the Office of the City Prosecutor.
Applicants who fail to submit their duly authenticated birth certificates shall not be issued working permits.