Employment of Minors in the Philippines: A Question-and-Answer Guide on Philippine Labor Laws

Question: I recently discovered that my 15-year-old son is working for a company. Is that against Philippine Labor laws?

Answer:

Yes, the employment of minors, especially those below 15 years old, is regulated under Philippine labor laws. Here's what you need to know:

1. Age Restrictions under the Labor Code:

Article 139 of the Labor Code of the Philippines prohibits the employment of children below 15 years of age, unless:
- They are directly under the sole responsibility of their parents or guardians; and
- The work does not involve hazardous undertakings.

2. Exception under the Child and Youth Welfare Code:

Article 59 of Presidential Decree No. 603, also known as the Child and Youth Welfare Code, states that a child below 16 years may be employed, but their employment should not be harmful to their safety, health, or morals, and should not impair their normal development. It should also not prejudice their attendance in school.

3. Special Protection of Children Against Child Abuse Act (R.A. 7610):

Section 12 of R.A. 7610 further defines "child labor" and provides that children below 15 years old may not be employed except when they work directly for their parents. Even so, the work should not be hazardous or detrimental to their health, safety, morals, or development.
Children between 15 to 18 years old are prohibited from undertaking hazardous work, which includes being exposed to harmful chemicals, dangerous machinery, and the like.

4. Department of Labor and Employment (DOLE) Guidelines:

DOLE has set specific guidelines and requirements for the lawful employment of children under 18 years of age. These regulations ensure that their health, safety, and well-being are not compromised.

5. Penalties for Violation:

Employers who violate these provisions can face penalties, including fines and imprisonment, as stipulated under R.A. 7610 and the Labor Code.

Conclusion:

While the Philippine labor laws allow for the employment of minors in certain conditions, there are strict regulations to ensure their safety, well-being, and continued access to education. If you believe your son's employment is contrary to these laws, you may wish to consult with the Department of Labor and Employment or seek legal counsel to understand the best course of action.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.