Legal requirements for employing minors in the Philippines

All work and no play makes Juan dela Cruz a dull “boy.”   Our boys and girls are supposed to be playing and schooling, not working.  This is perhaps what lawmakers had in mind when they crafted laws protecting minors who are employed.  Thus, even if our laws allow minors to work, it is subject to stringent requirements.   Employers are required to comply with the minimum hours of work specifically applicable to minors.  It is also a must to provide favorable facilities and services, especially unhindered access to education.   Most importantly, the express consent of the parents or guardians and the child is necessary.  All of these are aimed at promoting the “best interest” of the child.

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. So, it is perfectly alright to hire a 15, 16 or 17 year old kiddo.  It is even legally permissible to hire a child under 15, but only in two instances and subject to strict conditions (RA 7610, as amended by RA 9231; cf. DOLE DO No. 65-04).  The first is when the child works under the sole responsibility of his/her parents or guardian, where only members of the child’s family are employed.  This is usual in family businesses where the children are trained at an early age to work with other family members, in the hope that someday the business will be handed down to them.

The second exception is when the child’s employment or participation in public entertainment or information is essential, regardless of the extent of the child’s role.  Note the important element that the child’s participation must be “essential.”  Public entertainment or information” refers to artistic, literary, and cultural performances for television show, radio program, cinema or film, theater, commercial advertisement, public relations activities or campaigns, print materials, internet, and other media.  In this kind of work, the employment contract should be entered into by the parents or guardians and approved by the Department of Labor and Employment. An express agreement of the child to the provisions of the contract is needed when the child is between seven and below 15 years of age.

Requirements for hiring a minor under 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:

1.       Terms and conditions of employment including hours of work, number of working days, remuneration, and rest period, which shall be in accordance with law;

2.       Measures to ensure the protection, health, safety, morals, and normal development of the child, including but not limited to the following:

a)       comfortable workplace and adequate quarters;

b)       break or rest periods in comfortable day beds or couches;

c)       clean and separate dressing  rooms and toilet facilities for boys and girls;

d)       provision for adequate meals and snacks and sanitary eating facility;

e)       provision of all the necessary assistance to ensure the adequate and immediate medical and dental attendance and treatment to an injured or sick child in case of emergency.

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:

1.       a certificate of enrolment for the current year or current school identification or report card; or

2.       If the child is not enrolled, a brief description of the program for education, training and skills acquisition for the child (cf. Sec 19b, DO 65-04)

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.

Proof of identity for employing parents or guardians

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.

In addition to proof of identity, a legal guardian is also required to present a duly authenticated proof of legal guardianship. A family member other than the parents is also required to present any proof of relationship to the child.

Business permit or registration

When the employer is in public entertainment or information, he/she shall submit a certified true copy of business permit or certificate of registration and a written employment contract to be approved by the Department.  Agreement of the child to the contract is necessary when he or she is between seven and below 15 years of age.

Different Requirement for Spot extras

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).

Working hours of a child

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:

1.       Work which exposes children to physical, psychological or sexual abuse, such as in lewd shows, cabarets, bars (KTV, karaoke bars), dance halls, bath houses and massage clinics. escort service, gambling halls and similar places

2.       Work underground, under water, at dangerous heights or at unguarded heights of two meters and above, or in confined places. The most common are mining and deep sea fishing or diving.

3.       Work with dangerous machinery, equipment and tools, or which involves manual handling or transport of heavy loads, such as in logging, construction, quarrying, and similar work

4.       Work in an unhealthy environment which may expose children to hazardous processes, to temperatures, noise levels or vibrations damaging to their health, to toxic, corrosive, poisonous, noxious, explosive, flammable and combustible substances or composites, to harmful biological agents, or to other dangerous chemicals including pharmaceuticals

5.       Work under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer.

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).

The following are considered worst forms of child labor:

1)       All forms of slavery (see definition in 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;

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

3)       The use, procuring or offering of a child for illegal or illicit activities, including the production or trafficking of dangerous drugs or 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.

Prohibition on the Employment of Children in Certain Advertisements

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.

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