Documente Academic
Documente Profesional
Documente Cultură
A child is defined in our statutes as a person below 18. But while the age of
majority in the Philippines is 18, the minimum age for employment is 15.
Before you can hire a minor under 15 years, the following conditions must be
satisfied:
1. the employer should comply with the Rules on hours of work for
minors
2. the employment must not endanger the child’s life, safety, health and
morals, nor impair the child’s normal development;
3. the employer must provide the child with at least the mandatory
elementary or secondary education; and
4. the employer must secure from the DOLE a work permit for the child
before engaging him to work
Working Permit
Again, the employer should obtain first a work permit before hiring a minor
below 15 (Sec 12, RA 7610, as amended). Here are the requirements (Sec 9,
DO 65-04) that the employer should submit to the appropriate Regional Office
of the DOLE:
Application
The application for work permit must be verified and contain the following
information:
c) clean and separate dressing rooms and toilet facilities for boys
and girls;
Proof of schooling
There must be proof that the child is enrolled and regularly attending
elementary or secondary school classes, except when the child is below seven
years old. The employer must submit either:
While the law allows employment of minors including those below 15, it does
not allow that such work will interfere with the child’s education, be it formal,
non-formal or other alternative forms of learning. The employer cannot make
a child work during his/her school hours, and hinder his/her access to
education during school days (Sec 19, DO 65-04).
Proof of age
The employer must submit an authenticated copy of the child’s Birth
Certificate or a Certificate of late Registration of Birth issued by the NSO or
the city/municipal registrar.
Medical Certificate
This is to prove that the child is fit to undertake the job or activity which he or
she is engaged to perform.
When the employer is the parent, guardian, or a family member other than
the parent of the child, he/she shall present any valid document such as latest
passport, latest postal/company identification card, and driver’s license
establishing his/her identity.
The above requirements do not apply when the child is employed only as a
spot extra in public entertainment or information (Sec 13, DO 65-04). Spot
extras are those who are cast outright on the day of the filming or
taping. What is required is of the employer is to file a notice with the
Regional Office where the work is to be performed that it will undertake
activities involving child work. The notice must state the approximate
number of child workers to be employed, the date, place and time the work is
to be performed, and an undertaking that the employment shall be in
conformity with the law and the implementing rules (RA 9231 and IRR or DO
65-04).
If the child is aged 15, his or her working hours should not be more than four
hours a day or not more than 20 hours a week. He or she should not be
allowed to work between 8:00 pm and 6:00 am of the next day. (Sec 12-A, RA
7610)
If the child is 15, 16, or 17, his or her hours of work should not exceed eight
hours a day or not more than 40 hours a week. He or she should not work
between 10:00 pm and 6:00 am of the following day. (Sec 12-A, RA 7610)
Hazardous undertaking
The employer cannot assign tasks or activities that threaten the child’s life,
safety, health and morals or that which impairs his or her normal
development. Allowing a child to work in a hazardous undertaking is
considered one of the worst forms of child labor (Sec 12(D)(4), RA
7610). DOLE Department Order No. 004-99 declares the following work and
activities as hazardous to persons below 18 years of age:
Child labor
Child labor refers to any work or economic activity performed by a child that
subjects him or her to any form of exploitation or is harmful to his or her
health and safety or physical, mental or psychosocial development. Child
labor is prohibited and punishable by law (Sec 16, RA 7610).
Under Section 14 of RA 7610 (also Sec 6, DO 65-04) “no child below 18 years
of age shall be employed as a model in any advertisement directly or
indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts, gambling or any form of violence or pornography.” Thus, while
children may be hired as ad models or endorsers of commercial products,
they cannot be engaged in those advertisements specifically mentioned under
Sec 14. Otherwise, this could pose a serious threat to the child’s social and
psychological development – both the child endorser and the children who
may be able to watch these ads. They might think that it is alright for kids to
drink, smoke, gamble or commit violence or pornography.
Discrimination
Article 140 of the Labor Code prohibits child discrimination. This means that
an employer should treat a minor employee in the same manner as adult
employees, with respect to terms and conditions of employment. In fact, the
child should be given more favorable conditions, considering his age and
physical capabilities.
Source: http://businessaccent.com/2009/11/20/legal-requirements-for-
employing-minors-in-the-philippines/