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0 tracked cards Labor and Social Legislation
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An ILO Convention on Minimum Age for Employment is ratified by the Philippines after the President signs it with the advice and consent of the Senate. The ratification is published in the Official Gazette, but no implementing legislation accompanies the ratification. A private company hires a 14-year-old to assist in packaging in a factory. The guardian sues the company, invoking the ratified Convention for relief. (a) State the controlling doctrine on how international labor conventions like this become binding in Philippine law. (b) Distinguish whether such a convention is self-executing or requires implementing legislation to have domestic effect. (c) Apply the rule to the facts: Can the guardian’s claim be sustained solely on the basis of the ratified Convention? Why or why not, and what would likely need to occur for the rights to be enforceable?

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Clara

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