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This article was originally published on July 13, 2018 and has been updated to reflect recent legal developments.

This article is provided for general informational purposes only and does not create, nor shall it be construed as creating, a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. For advice on specific legal concerns, you are encouraged to engage the services of a qualified lawyer. You may also directly consult Alburo Alburo and Associates Law Offices for proper guidance tailored to your situation.

The views and information presented herein are based on the laws, rules, and jurisprudence prevailing at the time of writing. They do not take into account subsequent legal developments and should not be relied upon as a substitute for professional legal advice.

AT A GLANCE:

No child will be employed in work that subject him/her to any form of exploitation or is harmful to his/her health and safety or development. Working children may be employed if they are working directly under the responsibility of their parents or guardians, or in public entertainment or information, so long as stringent conditions, such as working hours, safety, and work permits, are observed.

Although the selection and hiring of employees is a management prerogative, the exercise of such prerogative is necessarily limited by the pertinent provisions of law, and has to be exercised in consonance with its provisions. Therefore, while employers have the right to determine whom to hire, they must comply with the statutory restrictions governing the employment of children.

Under Article 1700 of the Civil Code of the Philippines, it provides that the relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.

Recognizing the need to afford special protection to children against abuse, exploitation, and discrimination, Congress enacted Republic Act No. 7610. The law was subsequently strengthened by Republic Act No. 9231, which amended Republic Act No. 7610 by strengthening the State’s policy against child labor, prohibiting its worst forms, and prescribing the conditions under which children may lawfully be employed.

To implement these statutory provisions, the Department of Labor and Employment (DOLE) issued Department Order No. 65-04, which lays down the rules governing the employment of children, including the distinction between child labor and working children, permissible employment, working hours, and work permit requirements. 

Considering that the employment of children is subject to stricter regulation, business enterprises employing children must ensure full compliance with the conditions and safeguards imposed by law

Child Labor vs. Working Child

Section 3 of Department Order No. 65-04 distinguishes child labor from a working child. 

Child Labor refers to any work or economic activity performed by a child that subjects him/her to any form of exploitation or is harmful to his/her health and safety or physical, mental or psychosocial development. (Section 3(b) of Department Order No. 65-04)

Whereas a working child, as provided under Section 3(c) of Department Order No. 65-04 shall refer 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 sub-paragraph; and
2. when the child is below fifteen (15) years of age, (i) 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 (ii) in public entertainment or information.

Prohibition against Child Labor

Except as otherwise provided in the rules under Department Order No. 65-04, Section 4 provides that no child below 15 years of age shall be employed, permitted or suffered to work, in any public or private establishment.

Section 5 of Department Order No. 65-04 further states that no child shall be engaged in the worst forms of child labor, which refers to any of the following situations:

• All forms of slavery or practice similar to slavery such as sale or trafficking of children, debt bondage and serfdom, and forced or compulsory labor, including recruitment of children for use in armed conflict;

• The use, procuring, offering or exposing a child for prostitution, for the production of pornography, or for pornographic performances;

• The use, procuring or offering a child for illegal or illicit activities including the production or trafficking of dangerous drugs or volatile substances prohibited under existing laws; or

• 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 [See: Sec. 5].

Likewise, Section 6 thereof prohibits the employment of children as models in advertisements that directly or indirectly promote alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling, violence, or pornography. 

When May a Child be Employed?

Section 12 of Republic Act No. 7610, as amended by Republic Act No. 9231, provides that children below fifteen (15) years of age shall not be employed except under the following circumstances:

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:
   1. The employer shall ensure the protection, health, safety, morals and normal development of the child;
   2. 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
   3. 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.
3. 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 said law, the term “child” shall apply to all persons under eighteen (18) years of age.

Section 7 of Department Order No. 65-04 supplements the foregoing statutory provisions by prescribing the conditions governing the lawful employment of children and the corresponding work permit requirements.

Hours of Work for Working Children

Section 15 of Department Order No. 65-04 states that:

• Children below 15 years old –  shall not work more than 20 hours a week, and not more than 4 hours on any given day. The child should not also be allowed to work beyond 8:00 PM until 6:00 AM of the following day.
• Children 15 to 18 years old – work shall not be more than 40 hours a day, and not more than 8 hours on any given day. The child should not also be allowed to work beyond 10:00 PM until 6:00 AM of the following day.

Further, the hours of work, under Section 2(2.2 ) of Department Circular No. 02-17, includes:

1. all time during which a child is required to be at a prescribed workplace, 
2. all time during which a child is required or permitted to work. 

Take note that for those who are engaged in public entertainment or information, hours of work shall include wardrobe/costume fitting, make-up application, practice or rehearsal while in the workplace, including waiting time. Rest periods of short duration during work hours shall be counted as hours worked.

When is a Work Permit Required?

As a general rule, no child below 15 years old shall be allowed to work without a work permit. It is the employer’s responsibility to secure such work permit from the DOLE Regional Office of the place where the child would be working. In case the work is done in more than one workplace, then the permit shall be secured from the DOLE Regional Office where the employer’s principal office is located. 

For children who are engaged in public entertainment or information, the working children below 15 years old, as a rule, still have to secure a permit. 

Section 1(5) of Department Circular No. 02-17 provides the following as the requirements for the issuance of a work permit:

In complying with said requirements, the following shall be observed:

 

5.1 The application for Working Child Permit shall bear the signature of the employer and countersigned by an authorized network representative in the case of television.

 

5.2 The employment contract of the child shall specify his/her role, the duration (date/s and time schedule) of the child’s participation, and the child’s salary or compensation, among others. The contract shall also indicate if the child would receive due remuneration for appearances or guestings to promote a product, show or film. Moreover, the contract shall also include provisions stating the employer’s compliance to child protection laws.

 

5.3  The medical certificate issued by a licensed physician for the working child shall be valid within one (1) month from the date of issuance. The medical certificate shall contain the full name and signature of the physician and his/her license number.

Read Also: Management Prerogative and Rights of Employers

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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