3-k. Employment Of Minors.docx

Chapter Three LABOR STANDARDS TOPICS PER SYLLABUS K. Employment of Minors (Labor Code and R.A. No. 7678, R.A. No. 9231)

K. EMPLOYMENT OF MINORS (Labor Code and R.A. No. 7678, R.A. No. 9231) 1. “CHILD” AND “WORKING CHILD.” MEANING. For legal purposes, the term “child” refers to any person less than eighteen (18) years of age. A “working child” refers to any child engaged as follows: when the child is below eighteen (18) years of age, in work or economic activity that is not “child labor;” and ii. when the child below fifteen (15) years of age: i.

(a) 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 (b) in “public entertainment or information”which 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. 2. REGULATION OF WORKING HOURS OF A CHILD. The term “hours of work” includes (1) all time during which a child is required to be at a prescribed workplace, and (2) all time during which a child is suffered or permitted to work. Rest periods of short duration during working hours shall be counted as hours worked. 1 The following hours of work shall be observed for any child allowed to work under R.A. No. 9231 and its Implementing Rules: (a)

For a child below fifteen (15) years of age, the hours of work shall not be more than twenty (20) hours per week, provided that the work shall not be more than four (4) hours at any given day;

(b)

For a child fifteen (15) years of age but below eighteen (18) , the hours of work shall not be more than eight (8) hours a day, and in no case beyond forty (40) hours a week; and

(c) No child below fifteen (15) years of age shall be allowed to work between eight (8) o’clock in the evening and six (6) o’clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten (10) o’clock in the evening and six (6) o’clock in the morning of the following day. 2 3. EMPLOYMENT OF THE CHILD IN PUBLIC ENTERTAINMENT. Sleeping time as well as travel time of a child engaged in public entertainment or information from his residence to his workplace shall not be included as hours worked without prejudice to the application of existing rules on employees’ compensation.3 4. PROHIBITION OF EMPLOYING MINORS IN CERTAIN UNDERTAKINGS AND ADVERTISEMENTS.

No child below eighteen (18) years of age is allowed to be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography. 4 5. PROHIBITION ON THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE; EXCEPTIONS AND CONDITIONS. 1.

General rule. The general rule is that no child below fifteen (15) years of age shall be employed, permitted or suffered to work in any public or private establishment.5

2. Exceptions. The following shall be the only exceptions to the prohibition on the employment of a child below fifteen (15) year of age: (a) When the child works under the sole responsibility of his/her parents or guardian, provided that only members of the child’s family are employed. (b) When the child’s employment or participation in public entertainment or information is essential, regardless of the extent of the child’s role.6 3. Conditions to the prohibition. Such employment shall be strictly under the following conditions: a.

The total number of hours worked shall be in accordance with Section 15 [Hours of Work of a Working Child] of the Rules [supra];

b. The employment does not endanger the child’s life, safety, health and morals, nor impair the child’s normal development ; c. The child is provided with at least the mandatory elementary or secondary education; and d. The employer secures a work permit for the child. 7 “Normal development of the child” refers to the physical, emotional, mental, and spiritual growth of a child within a safe and nurturing environment where he/she is given adequate nourishment, care and protection and the opportunity to perform tasks appropriate at each stage of development. 8

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Endnotes:

1

Section 3, Chapter 1, Department Order No. 65-04.

2

Section 15, Chapter 5, Ibid. ; Section 12-A, R.A. No. 7610, as added by Section 3, R.A. No. 9231.

3

Id.

4

Section 6, Chapter 2, Department Order No. 65-04; Section 14, Article VIII, R.A. No. 7610, as amended by Section 5, R.A. No. 9231.

5

Section 4, Chapter 2, Ibid.

6

Section 7, Chapter 3, Ibid.

7

Id.; In accordance with Sections 8 to 12 of the Rules.

8

Section 3, Chapter 1, Ibid.