Simplified Query: Is it considered child labor if a child wants the job?

In the Philippines, child labor is a significant concern, and the laws regulating it are designed to protect the welfare and rights of minors. Whether or not a child willingly wants a job, there are strict regulations and standards that define and prohibit child labor.

Legal Framework Governing Child Labor

Republic Act No. 7610: Also known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," this law provides comprehensive protection for children against various forms of abuse and exploitation, including child labor. It specifically addresses the prohibition of the employment of children in hazardous work and other harmful activities.
Republic Act No. 9231: This law amends R.A. 7610 and provides for the elimination of the worst forms of child labor and affording stronger protection for the working child. It establishes regulations on the hours of work, conditions of employment, and the minimum age for employment.
Department of Labor and Employment (DOLE) Guidelines: DOLE enforces labor standards and regulations, including those related to child labor. The department provides specific guidelines on what constitutes allowable work for minors and the conditions under which they can be employed.

Minimum Age for Employment

Under Philippine law, the minimum age for employment is generally set at 15 years old. However, children aged 15 to 18 are only allowed to work in non-hazardous environments and under conditions that are not detrimental to their health, safety, and morals.

Below 15 Years Old: Children below the age of 15 are generally prohibited from working, except when working directly under the sole responsibility of their parents or legal guardian, and where only members of the child's family are employed. The work must not interfere with the child's education.
Ages 15 to 18: Teens in this age group can be employed but must not be engaged in hazardous work. The work hours are limited, and the environment must adhere to safety and health regulations set forth by DOLE.

Hazardous Work

Hazardous work refers to any employment or work that is likely to harm the health, safety, or morals of children. This includes jobs that expose children to physical, psychological, or sexual abuse, work underground, underwater, at dangerous heights, or in confined spaces, and work with dangerous machinery or substances.

Voluntary Employment

Even if a child voluntarily wants to work, this does not exempt the employment from being considered child labor if it violates the conditions set by law. The willingness of the child does not legalize employment that falls under the prohibited categories. Employers must ensure compliance with all legal standards to protect the child’s well-being and rights.

Reporting and Addressing Child Labor Violations

If child labor is suspected or if a child's employment conditions seem questionable, it is crucial to report these instances to the authorities. The Department of Labor and Employment, in coordination with other government agencies, is responsible for investigating and addressing complaints related to child labor.

Conclusion

In the Philippines, the employment of minors is strictly regulated to prevent exploitation and abuse. Regardless of a child’s desire to work, employers must adhere to legal standards that ensure the safety, health, and education of children. Child labor laws are in place to protect minors from harmful work conditions and to promote their overall development and well-being. Understanding and complying with these laws is essential for both employers and the community to safeguard the rights and future of children.