Published — March 13, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
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.
Read also: Knowing the consequences of employment of children
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A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week
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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
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An employer shall first secure a work permit before engaging the employment of a child
May a child be permitted to work?
First, who is a child?
The law says:
The term “child” applies to all persons under eighteen (18) years of age.
Now, going back to the first question above, may children be permitted to work?
The law says:
Yes.
However, there are circumstances that are needed to be considered. Children below fifteen (15) years of age shall not be employed except:
- When a child works directly under the sole responsibility of his or her parents or legal guardian and where only members of his or her family are employed. This is on the condition that the child’s employment neither endangers his or her life, safety, health, and morals, nor impairs his or her normal development. Also, the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or
- Where a child’s employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential. The employment contract of the child shall be concluded by the child’s parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment (DOLE). Furthermore, the following requirements in all instances shall be strictly complied with:
a. The employer shall ensure the protection, health, safety, morals and normal development 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 skills acquisition of the child.
To emphasize, 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 requirements.
Is the Eight-hour work day applicable to children?
The law says:
For children below fifteen (15) years of age, they may be allowed to work for not more than twenty (20) hours a week. Their work shall not be more than four (4) hours at any given day.
For children fifteen (15) years of age but below eighteen (18), they shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week.
Do note that 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 below 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.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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