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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
The minimum employable age under the Labor Code is fifteen (15) years of age, subject to certain exceptions.
Republic Act No. 9231, or the Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Protection for the Working Child is the law which governs the employment of minors. Under the said law, the best interests of children shall be the paramount consideration in all actions concerning them. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. (Section 1, R.A. No. 9231, amending Section 2 of R.A. No. 7610)
Under the abovementioned law, it is the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development including child labor and its worst forms. (Section 1, R.A. No. 9231, amending Section 2 of R.A. No. 7610)
The minimum employable age under the Labor Code is fifteen (15) years of age, subject to certain exceptions.
The law says:
Art. 139. Minimum employable age.
- 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.
- 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 139, Labor Code.)
Republic Act No. 7610 or Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act as amended by Republic Act No. 7658, or the Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings provides that:
“SEC. 12. 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 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, 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) Where a child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential: Provided, 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: and Provided, 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.
The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.” (Section 1, R.A. No. 7658, amending Section 12, Article VIII of R.A. No. 7610)
In all instances of employment of a minor, there shall be no discrimination against any person on account of his age. The law says:
Art. 140. Prohibition against child discrimination. No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.
Related article: Contracts entered by Minors
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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