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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- No child below fifteen (15) years of age shall be allowed to work between eight o’ clock in the evening and six o’ clock in the morning of the following day.
- No child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o’ clock in the evening and six o’ clock in the morning of the following day.
For legal purposes, the term “child” refers to any person less than eighteen (18) years of age.
What is a “working child”?
A “working child” refers to any child engaged as follows:
- When the child is below eighteen years of age, in work or economic activity that is not “child labor” and
- When the child below fifteen years of age is
- In work where he/she is directly under the responsibility of his/her parents or legal guardian and where only members of the child’s family are employed; or
- In “public entertainment or information” which refers to artistic, literary, and cultural performances for television show, radio program, cinema or film, theater, commercial advertisement, public relations activities or campaigns, print materials, internet, and other media.
What are the hours of work of a working child?
The law says:
Hours of Work of a Working Child. – Under the exceptions provided in Section 12 of this Act, as amended:
(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day;
(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week; “
(3) No child below fifteen (15) years of age shall be allowed to work between eight o’ clock in the evening and six o’ clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o’ clock in the evening and six o’ clock in the morning of the following day. (Section 3, Republic Act No. 9231)
What are the prohibitions on employing minors in certain undertakings and advertisement?
The law says:
No child below 18 years of age is allowed to be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography. (Section 5, R.A. No. 9231)
The wages, salaries, earnings, and other income of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs of the family, provided, that not more than twenty percent of the child’s income may be used for the collective needs of the family. (Section 12-B, Republic Act No. 7610 also known as Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act)
The parent or legal guardian of a working child below eighteen years of age shall set up a trust fund for at least thirty percent of the earnings of the child whose wages and salaries from work and other income amount to at least Php200,000.00 annually, for which he/she shall render a semi-annual accounting of the fund to the Department of Labor and Employment. The child shall have full control over the trust fund upon reaching the age of majority. (Section 12-C, R.A. No. 7610)
Related article: Liability of Employers for Engaging in Child Labor
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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