P.R. Laws tit. 29, § 443a
Notwithstanding any provision to the contrary in §§ 431—443a and 446—456 of this title or any other law, the sale, offering for sale, soliciting, collection and distribution of newspapers, magazines, pamphlets, circulars or any other publicity material by minors shall be governed by the norms established in this section. For purposes of the following provisions, by interested party it shall be understood to be the owner, editor, distributor or authorized representative.
Any minor who delivers, offers, solicits, sells, or distributes newspapers, magazines, pamphlets, circulars or any other publicity material on the streets or in any other public place, or from house to house, shall be deemed to be serving an employment, and to be an employee of the natural or artificial person—whether the owner, editor or general distributor—whose newspapers, magazines, pamphlets, circulars, or publicity material are delivered, offered, solicited, sold or distributed by said minor, and even if said natural or artificial person employs agents, representatives, resellers or independent contractors in the handling of said peddling business. The relation between employer and employee established herein shall only serve the purpose of including the minor under the provisions of §§ 1—42 of Title 11 (Workmen’s Accident Compensation Act).
No child under twelve (12) years of age shall engage or be employed in the delivery, distribution, or sale of newspapers, magazines, pamphlets, circulars or any other publicity material.
Minors between twelve (12) and eighteen (18) years of age may engage and be employed in the delivery, distribution and sale of newspapers, magazines, pamphlets, circulars or any other publicity material, but said work may only be done from house to house, on the street or in any public place during the hours comprised between 5:30 A.M. and 7:30 A.M. and between 5:00 P.M. and 7:00 P.M. from Monday to Friday and between 6:00 A.M. and 7:00 P.M. on Saturdays, Sundays and holidays, provided said work does not interfere with the attendance at classes of said minors.
No minor under eighteen (18) years of age shall engage or be employed in the delivery, distribution or sale of newspapers, magazines, pamphlets, circulars or any publicity material in zones or places which, in accordance with the regulations provided to that effect by the Secretary of Labor and Human Resources, are considered dangerous to the safety and life of minors. It is hereby expressly declared that the roadway zone of any street or highway is intrinsically dangerous and under no circumstances shall minors under eighteen (18) years be allowed to engage in the selling, offering or distribution of newspapers, magazines, pamphlets, circulars or any other publicity material in said roadway zones.
Any minor between twelve (12) and eighteen (18) years of age who wishes to engage or be employed in the delivery, distribution or sale of newspapers, magazines, pamphlets, circulars or any other publicity material shall submit personally or through any interested party to the Offices of the Department of Labor and Human Resources the following documents:
(1) Any authentic document serving to prove his age.
(2) Any other document that in the judgment of the Secretary of Labor and Human Resources or his representative is satisfactory to prove the age of the applicant.
(3) Certificate of the school authorities showing that the working hours for which the authorization is applied do not interfere with his school hours.
(4) Document of consent of the father, mother, guardian or custodian stating that he or she agrees in that authorization to work be issued to said minor.
(5) Letter or contract signed by his prospective employer stating the place, hours, salary and nature of the work to be done by the minor.
In case the interested party does not submit to the Department of Labor and Human Resources all the aforesaid documents at the time of applying for the employment authorization of the minor, said party shall have a term of three (3) working days to furnish the documents lacking, it being understood that from the time said party files the application for authorization with the Department of Labor and Human Resources, from that very moment the minor may start to work and shall henceforth have the protection of §§ 1—42 of Title 11. After the lapse of the said term of three (3) working days, the interested party may not continue using the services of the minor, and any violation of this provision shall be subject to the penalty established for the interested party in §§ 431—443a and 446—456 of this title.
Once the requirements above provided are complied with and it is verified that the minor is twelve (12) years old or over, that his attendance at classes will not be affected by the work he intends to do, on the basis of the documents that the minor or any interested party has submitted, and that the minor will not work in dangerous zones or places, the Department of Labor and Human Resources shall issue to him the written authorization requested, and shall send a copy thereof to the prospective employer for him to keep in his files and to show it when any authorized official or employee of the Department of Labor and Human Resources or of any other government agency so requests. The Department of Labor and Human Resources shall keep in its files a copy of the written authorizations issued hereunder. The written authorization issued under this section shall authorize the minor obtaining it to work only for the employer who signed the letter or the contract presented to the Department of Labor and Human Resources.
Any newspaper enterprise or editing concern, agent, or representative thereof, reseller or independent contractor, as well as any parent, guardian or custodian of a minor who employs, permits or tolerates minors between twelve (12) and eighteen (18) years of age to engage in the delivery, distribution or selling of newspapers, magazines, pamphlets, circulars or any other publicity material without the written authorization provided in this section, or who, having it, requires, permits or tolerates them to do said work in zones or places designated herein or which may be designated by regulations as dangerous, or who, having the said written authorization, requires, permits or tolerates them to do said work in hours other than those indicated in this section shall be guilty of a misdemeanor and upon conviction punished by a fine not less than ten dollars ($10) nor more than fifty dollars ($50), or imprisonment in jail not to exceed fifteen (15) days, for the first offense; by a fine not less than fifty dollars ($50) nor more than one hundred dollars ($100), or imprisonment in jail not to exceed ninety (90) days, for the second offense; or by a fine not less than two hundred dollars ($200) nor more than six hundred dollars ($600), or imprisonment in jail not to exceed six (6) months, or both penalties, in the discretion of the court, for any subsequent offense.
Any person covered by the definition of interested party in the first paragraph of this section who submits fraudulent documents to the representatives of the Department of Labor and Human Resources to obtain the working authorization contemplated in §§ 431—443a and 446—456 of this title or who does not submit any document within the term of three (3) working days herein established and during which the minor was permitted to work without the official permit issued by the authorized officials or representatives of the Department of Labor and Human Resources shall be guilty of a misdemeanor and upon conviction punished by a fine not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or imprisonment in jail not to exceed sixty (60) days, for the first offense. In case of recidivism, by a fine not less than three hundred dollars ($300) nor more than six hundred dollars ($600), or imprisonment in jail for not less than sixty (60) days nor more than six (6) months, or both penalties, in the discretion of the court.
The Secretary of Labor and Human Resources is hereby imposed the duty to use the attorneys of his Department to act as special prosecutors in all criminal actions instituted in the courts of Puerto Rico for violations of the provisions of this section.
The regulations which the Secretary of Labor and Human Resources is empowered to prepare for implementing the provisions of this section shall take effect not later than sixty (60) days after the effectiveness of this act.
History —May 12, 1942, No. 230, p. 1298, added as 13-A on June 29, 1954, No. 90, p. 464; June 23, 1955, No. 101, p. 532; June 23, 1976, No. 16, p. 723, § 2; renumbered as § 14-A on Aug. 26, 2005, No. 87, § 2.