Child labor remains a significant concern in the Philippines, particularly in rural areas and urban informal sectors, where economic hardships often push families to involve their children in work. Recognizing the adverse effects of child labor on education, health, and overall development, the Philippine government has established regulations and ratified international conventions to combat this issue.
Key child labor law provisions in the Philippines can be found under the Labor Code of the Philippines and Republic Act (RA) No. 9231, which amends the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act.
This article explores the key provisions of the legislative framework, enforcement, and ongoing challenges in addressing child labor in the Philippines.
This Article Covers:
Minimum Working Age for Minors in the Philippines
Working Permit for Minors in the Philippines
Age Certification for Minors in the Philippines
Working Hours for Minors in the Philippines
Time Tracking of Minors’ Hours in the Philippines
Break Requirements for Minors in the Philippines
Banned Jobs for Minors in the Philippines
Sanctions for Employing Minors in the Philippines
Minimum Working Age for Minors in the Philippines
The minimum age for employment in the Philippines is 15. However, there are exceptions that allow children below 15 to work, these include:
- When the child works directly under the sole responsibility of his/her parents or legal guardian.
- Where the child’s employment or participation in public entertainment or information through cinema, theater, radio, or television is essential.
Minors under 15 can only work under these specific conditions and up to 4 hours a day.
Further, minors, regardless of age, are strictly prohibited from engaging in hazardous work, which includes activities that expose them to physical, chemical, or biological hazards, or any work detrimental to their health, safety, or morals.
Working Permit for Minors in the Philippines
In the Philippines, the Department of Labor and Employment (DOLE) is the governing body responsible for issuing work permits for minors. These permits are essential for ensuring that the employment of minors complies with legal standards and protections.
Eligibility and Requirements for Working Permit
To apply for a working permit, minors must meet specific requirements set by DOLE to ensure their safety and welfare.
- Age Criteria: Minors applying for a work permit must be aged 15 to 17. Those below 15 years old are prohibited to work unless under special circumstances, such as in the entertainment industry or family businesses, and only with a special permit.
- Conditions for Issuing Permit: The work must be non-hazardous and not detrimental to the minor’s health, safety, or morals, and the employment must not interfere with their schooling.
Application Process for a Child Working Permit
The employer, parent, or guardian, can apply for a working permit at the nearest DOLE Regional or Field Office. The application must have the following supporting documents:
- Birth certificate
- Written consent from the minor’s parent or guardian
- Medical certificate to ensure the minor is fit for work
- Employment contract
- Proof of school enrollment
The DOLE evaluates the application to ensure all requirements are met and employment conditions are legal and safe for minors. Upon approval, the DOLE issues a working permit specifying the conditions under which the minor is allowed to work.
Further, a special permit is required for minors employed in entertainment or artistic roles, which involves additional scrutiny to ensure the child’s safety, proper working hours, and adequate rest periods.
Employers are required to keep a copy of the minor’s work permit on file and ensure all labor standards regarding the employment of minors are followed.
The validity of a working child permit is based on their employment contract and it should not exceed one year.
Working Hours for Minors in the Philippines
Working hours and conditions for minors in the Philippines are strictly regulated to protect their safety and well-being. Here are key things you need to know about allowed working hours for minors:
- Children under 15 years old can work up to 20 hours a week, but no more than 4 hours a day. They’re also not allowed to work between 8:00 PM and 6:00 AM.
- Children aged 15 to 17 years old can work up to 8 hours a day and no more than 40 hours a week. Night work between 10:00 PM and 6:00 AM is not allowed.
Time Tracking for Minors’ Hours in the Philippines
Given the strict guidelines regarding minor’s working hours in the Philippines, it’s highly recommended for employers to keep accurate track of their time and attendance.
Time tracking helps ensure minors do not exceed the legally permitted work hours. A detailed record of working hours also serves as proof of child labor law compliance should the DOLE conduct audits.
The easiest way to manage this is by using a work time calculator or better yet, a smart time tracking software like Jibble.
With Jibble, employers can automatically record work hours, monitor attendance in real time, and generate reports that make it easy to verify compliance with labor laws. The app also allows for mobile clock-ins with face recognition, preventing false logins and ensuring maximum accuracy.
Break Requirements for Minors in the Philippines
Under the Labor Code of the Philippines, employers must provide a meal break of at least 1 hour, including minors. Minors can also be entitled to rest periods running from 5 to 20 minutes should that be provided under company policy. These short breaks shall be counted as hours worked.
In addition, minors are entitled to at least one rest day after six consecutive normal work days. Employers must establish the employee’s rest day.
Banned Jobs for Minors in the Philippines
There are specific jobs and industries in the Philippines where minors are prohibited from working due to their hazardous nature or potential harm to the minor’s health, safety, or well-being. These restrictions include:
- Hazardous Occupations: Minors are prohibited from engaging in occupations deemed dangerous, including working with heavy machinery, handling toxic chemicals, or exposure to extreme temperatures.
- Underground Mining and Quarrying: Minors are not allowed to work in underground mining or quarrying operations due to the high risk of accidents, injuries, and exposure to harmful substances.
- Logging and Forestry: Jobs involving logging, forestry, or timber production are restricted for minors due to the dangerous working conditions, including heavy machinery, falling trees, and rugged terrain.
- Firearms and Explosives Handling: Minors are prohibited from handling firearms, explosives, or other dangerous weapons due to the significant risk of accidents or injuries.
- Construction Work at Heights: Jobs involving construction work at heights, such as roofing, scaffolding, or high-rise building construction, are often restricted for minors due to the risk of falls and other accidents.
- Manufacturing of Hazardous Materials: Minors are not permitted to work in industries involved in the manufacturing or handling of hazardous materials, such as chemicals, pesticides, or radioactive substances.
- Night Work: Minors are prohibited from working night shifts, typically defined as work between 10:00 p.m. and 6:00 a.m. to protect their health, safety, and well-being.
- Entertainment Industry Limitations: While minors may be allowed to work in the entertainment industry under certain conditions, there are restrictions on the types of roles and activities they can engage in to ensure their protection and welfare.
Sanctions for Employing Minors in the Philippines
The sanctions for employing minors in violation of labor laws in the Philippines are severe to prevent exploitation and ensure compliance with regulations.
- Employers: Those who violate Philippine Child Labor Laws may face penalties ranging from six months and one day to six years of imprisonment or a fine of not less than Php 50,000 but not more than Php 300,000 or both. Employers who employ or facilitate the employment of a child in hazardous work may be penalized with a fine of not less than Php 100,000 but not more than Php 1,000,000, or imprisonment of 12 and one day to 20 years, or both.
- Parents or Legal Guardians: Those found to violate the child labor laws may face penalties of Php 10,000 to Php 100,000, or be required to render community service for not less than 30 days but not more than a year. If parents or legal guardians violate the law three times, they may face imprisonment of 30 days but not more than a year, in addition to community service.
To file a complaint regarding child labor laws in the Philippines you can contact the Department of Labor and Employment (DOLE) and Department of Social Welfare and Development (DSWD). For violations related to child labor in the entertainment industry, you may file a complaint with the National Council for Children’s Television (NCCT).
Learn more about Labor Law in the Philippines through our detailed guide.
Important Cautionary Note
When making this guide, we have tried to make it as accurate as possible. However, we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you to seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred by the use of this guide.
