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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 employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.
Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.
Employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment is prohibited.” (Article 137, Labor Code)
The Labor Code prohibits the employment of children below the age of fifteen (15) years of age, unless they are directly under the sole responsibility of their parents or guardians and the work does not involve hazardous undertakings.
Article 137 of the Labor Code provides:
“Minimum Employable Age:
(a) No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.
(b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.
(c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment.” (Article 137, Labor Code)
The Omnibus Rules Implementing the Labor Code provides:
“Any person of either sex, between 15 and 18 years of age, may be employed in any non-hazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age.” (Section 3, Rule XII, Book III, Omnibus Rules Implementing the Labor Code)
Presidential Decree No. 603 or the Child and Youth Welfare Code states that a child below sixteen (16) years of age may be employed, but their employment should not be harmful to their safety, health or morals. The child’s employment should not impair their normal development, and should not prejudice their attendance in school.
The law provides that:
“Children below sixteen years of age may be employed to perform light work which is not harmful to their safety, health or normal development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment of children are hereby adopted as part of this Code insofar as not inconsistent herewith.” (Article 107, P.D. No. 603)
Republic Act No. 7610 or the Special Protection of Children Against Child Abuse provides that children below (fifteen) years of age may not be employed except when they work directly for their parents. Nonetheless, the work should not be hazardous or detrimental to their health, safety, morals or development.
Section 12 of the law provides:
“Children below fifteen (15) years of age may be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer’s family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or
(2) When a child’s employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child’s parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.” (Section 12, R.A. No. 7610)
DOLE Department Order No. 18, series of 1994 or the Rules ang Regulations Implementing Republic Act No. 7658 provides that children below fifteen (15) years of age shall not be employed, permitted to work or suffered to work, in any public or private establishments in the Philippines.
The law says:
“Except as otherwise provided in this Rules, children below 15 years of age shall not be employed, permitted or suffered to work, in any public or private establishments in the Philippines.” (Section 1, DOLE D.O. No. 18, s. 1994)
Further, the law says:
“The following shall be the only exceptions to the prohibition on the employment of children below 15 years of age and the conditions for availment of said exceptions:
(a) When the child works directly under the sole responsibility of his/her parents or legal guardian who employs members of his/her family only, under the following conditions:
1. the employment does not endanger the child’s life, safety, health and morals;
2. the employment does not impair the child’s normal development;
3. the employer-parent or legal guardian provides the child with the primary and/or secondary education prescribed by the Department of Education, Culture and Sport.
(b.) Where the child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential, provided that:
1. the employment does not involve advertisements or commercials promoting alcohol beverages, intoxicating drinks, tobacco and its byproducts or exhibiting violence;
2. there is a written contract approved by the Department of Labor and Employment; and
3. the conditions prescribed in Section 3a above are met.” (Section 3, DOLE D.O. No. 18, s. 1994)
Prohibition against Child Discrimination
The Labor Code provides:
“No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.” (Article 138, Labor Code)
Republic Act No. 10917 (An Act Amending Certain Provisions of R.A. No. 9547 and R.A. No. 7323 or Special Program for Employment of Students) provides that:
“Any person or entity employing at least ten (10) persons may employ poor but deserving students, out-of-school youth (OSY) or dependents of displaced or would-be displaced workers due to business closures, or work stoppages, or natural calamities, intending to enroll in any secondary, tertiary or technical-vocational institutions, fifteen (15) years of age but not more than thirty (30) years old” during summer and/or Christmas vacations for those enrolled in the secondary level and at any time of the year for OSY and those enrolled in tertiary, vocational or technical education.” (Section 1, R.A. No. 10917)
Read also: Rights of Working Children
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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