Relevant Laws: RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), RA 9231 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act), Art. 137(a)
Constitutional basis
The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. [Art II, Sec. 13 of the 1987 Constitution]
General Rule: Children below 15 shall NOT be employed
Employment of Children
Children below fifteen (15) years of age shall not be employed except:
(1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall
provide the said child with the prescribed primary and/or secondary education; or (2) Where a child's employment or
participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the employment contract is 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: Provided, further, That the following requirements in all instances are 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.
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.
For purposes of this Article, the term "child"
shall apply to all persons under eighteen (18) years of age.[Sec 2, RA 9231]
Children - refers to any person under 18 years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
[Sec. 2, RA 7610]
Child labor - refers to any work or economic
him/her to any form of exploitation or is harmful to his/her health and safety or physical, mental or psychosocial development.
Working child - refers to any child engaged as follows:
(1) when the child is below eighteen (18) years of age, in work or economic activity that is not child labor as defined in the immediately preceding subparagraph;
and
(2) when the child is below fifteen (15) years of age, 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. [Sec. 3, DO 65-04]
Exceptions
(1) 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:
(a) his employment does NOT endanger his life, safety, health and morals, (b) nor impairs his normal development,
and
(c) the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; [Sec. 12 of RA 7610 as amended by RA 7658]
(2) child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential, provided that [Sec.
12 of RA 7610 as amended by RA 7658]:
(a) employment does NOT involve ads or commercials promoting alcohol, tobacco and its by-products or violence [Sec. 14, RA 7610]
(b) the employment contract is concluded by the child’s parents or guardian, and approved by DOLE (c) The ER shall ensure the protection,
(d) The ER 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
(e) The ER shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child. [Sec. 12 of RA 7610 as amended by RA 7658]
Employment of Children from 15 to 18 Employment is allowed even without permit but restricted to non-hazardous work.
Non-hazardous work shall mean any work or activity in which the EE is not exposed to any risk which constitutes an imminent danger to his safety and health. [Sec. 3, Rule XII, Book III, IRR of LC]
The Secretary of Labor shall from time to time publish a list of hazardous work and activities in which persons 18 years of age and below cannot be employed [Sec. 3, Rule XII, Book III, IRR of LC]
The following are HAZARDOUS workplaces:
(1) Nature of the work exposes the workers to dangerous environmental elements, contaminants or working conditions;
(2) construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep sea fishing, and mechanized farming;
(3) manufacture or handling of explosives and other pyrotechnic products;
(4) exposure to or use of heavy power-driven machinery or equipment;
(5) exposure to or use of power-driven tools
Worst Forms of Child Labor
(1) All forms of slavery, as defined under the
"Anti-trafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or
(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or
(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it:
(a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
(b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or
(c) Is performed underground, underwater or at dangerous heights;
or
(d) Involves the use of dangerous machinery, equipment and tools such as driven or explosive power-actuated tools; or
(e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or
(f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances,
to extreme temperatures, noise levels, or vibrations; or
(g) Is performed under particularly difficult conditions; or
(h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or
(i) Involves the manufacture or handling of explosives and other pyrotechnic products.
Working Hours of a Child Quantity
Age Bracket Daily Max Weekly Max Below 15 y 4 hrs 20 hrs 15 to below 18 8hrs. 40 hrs
Night work prohibition
Age Bracket Prohibited Hours Below 15 y 8 pm to 6 am (10 hrs.) 15 to below 18 10 pm to 6 am (8 hrs.)
M. EMPLOYMENT OF HOUSEHELPERS