MINORS

television or other forms of media is essential: Provided, That the

employment contract is concluded by the child's parents or legal
Definition of “Child”
guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and
Civil Code: ​Any person below 18
Employment: Provided, further, That the following requirements in
Revised Penal Code​: Persons below 16​1
all instances are strictly complied with:
Labor Code:​ Any person below 18 (but makes distinctions between those
aged below 15 and those aged 15-18).
(a) The employer shall ensure the protection, health, safety, morals
RA 9231 ​(amending RA 7610, RA 7658): Any person below 18.
and normal development of the child;

(b) The employer shall institute measures to prevent the child's

Employment of Minors
exploitation or discrimination taking into account the system and
(Aged 15-18)
level of remuneration, and the duration and arrangement of
working time; and

Art. 137. [139] Minimum employable age.
(a) No child below fifteen (15) years of age shall be employed, except
when he works directly under the sole responsibility of his parents
or guardian, and his employment does not in any way interfere
with his schooling.
Note, however, that the latest special law on the employment of minors,
namely RA 9231, made the protections contained therein applicable to all
those below the age of 18.
Employment of Minors
(Aged below 15)
(c) The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a continuing
program for training and skills acquisition of the child.
In the above-exceptional cases where any such child may be employed,
the employer shall first secure, before engaging such child, a work permit
from the Department of Labor and Employment which shall ensure
observance of the above requirements.
For purposes of this Article, the term "child" shall apply to all persons
under eighteen (18) years of age. (RA 7610, §12 as amended by RA 9231)

GR​: Children below 15 years of age shall not be employed​2

Sec. 12. Employment of Children - Children below fifteen (15) years of age
EXC​:
shall not be employed except:
1. Family enterprise
2. Entertainment or information industry
1. When a child works directly under the sole responsibility of his/her
parents or legal guardian and where only members of his/her
Exc 1: Family Enterprise
family are employed: Provided, however, That his/her employment
● When a child works directly under the sole responsibility of his
neither endangers his/her life, safety, health, and morals, nor
parents or legal guardian and where only members of the employer’s
impairs his/her normal development: Provided, further, That the
family are employed
parent or legal guardian shall provide the said child with the
● Requirements
prescribed primary and/or secondary education; or
a. That his employment neither endangers his life, safety,
health and morals, nor impairs his normal development;
2. Where a child's employment or participation in public
b. That the parent or legal guardian shall provide the said minor
entertainment or information through cinema, theater, radio,
child with the prescribed primary and/or secondary education
c. Work permit
1
Azucena cites an RPC provision punishing the causing of a child to perform
2
dangerous feats of balancing physical strength or contortion RA 7610, Section 12(1)-12(2), as amended by RA 9231.
 ● Example: Family owned businesses in selling of general ● Hazardous work activities include:
merchandise A. Work and activities under the following industrial
classifications which would subject the child to the conditions
Exc 2: Entertainment or Information Industry provided under Section 2 of the Guidelines are declared
● Where a child’s employment or participation in public entertainment hazardous to persons below 18 years of age:
or information through cinema, theater, radio or television is essential a. Mining and Quarrying;
● Requirements b. Construction;
a. The employment contract is concluded by the child’s parents c. Transportation and storage;
or legal guardian, with the express agreement of the child d. Water supply; sewerage, waste management, and
concerned, if possible and remediation activities;
b. Department of Labor approves of the contract e. Forestry and logging;
c. Work conditions: f. Fishing and aquaculture;
i. The employer shall ensure the protection, health, g. Hunting, trapping, and related service activities;
safety, morals and normal development of the child; h. Security and investigation; and
ii. The employer shall institute measures to prevent the i. Manufacturing of alcoholic beverages, tobacco,
child’s exploitation or discrimination taking into pyrotechnics, rubber and plastic products, chemicals
account the system and level of remuneration, and and chemical products, basic metals, and weapons
the duration and arrangement of working time; and and ammunitions
iii. The employer shall formulate and implement, B. Work and activities under the following occupational
subject to the approval and supervision of competent classifications are declared hazardous to persons below 18
​ rogram for training and
authorities, a continuing​ p years of age:
skills acquisition of the child. a. Farmers and other plant growers;
d. Work permit i. Preparatory activities;
● Example: Kids in tv shows and televised competitions ii. Tending activities;
iii. Harvesting activities;
Hazardous Work iv. Post-harvesting activities.
b. Animal producers;
● A non-hazardous work or undertaking is one where the employee is i. Rearing activities;
not exposed to any risk which constitutes an imminent danger to his ii. Harvesting activities;
safety and health. The following are considered hazardous iii. Post-harvesting activities;
workplaces: iv. Working in slaughterhouses or abattoirs
a. where the nature of the work exposes the workers to c. Physical science, life science, and health associate
dangerous environmental elements, contaminations or work professionals;
conditions including ionizing radiations, chemicals, fire, i. Involve operating radiation
flammable substances, noxious components and the like, ii. Involve extracting, collecting, or processing
b. where the workers are engaged in construction work, or human or animal blood
logging, fire-fighting, mining, quarrying, blasting, stevedoring, iii. Using child as human sample in
dock work, deep-sea fishing, and mechanized farming; experiments
c. where the workers are engaged in the manufacture or d. Sales and services elementary occupations;
handling of explosives and other pyrotechnic products; i. Use of dangerous power tools
d. where the workers use or are exposed to heavy or ii. Use, application of, or exposure to toxic
power-driven machinery or equipment; and substances
e. where workers use or are exposed to power-driven tools.​3 iii. Selling of alcoholic beverages, tobacco, etc.
iv. Exposure to road accidents
e. Personal and protective services workers;
i. Travel-related tasks;
3
Omnibus Rules Implementing the Labor Code, Book IV, Rule 1, Section 8
 ii. Personal care of persons with
d. Involves the use of dangerous machinery, equipment and
communicable diseases;
tools such as power-driven or explosive power-actuated
iii. Restaurant services-related tasks;
tools; or
iv. Involving preparing and serving alcoholic
e. Exposes the child to physical danger such as, but not
drinks;
limited to the dangerous feats of balancing, physical
v. Exposure to sexual abuse;
strength or contortion, or which requires the manual
vi. Involving disposing of dead human bodies
transport of heavy loads; or
f. Customers services clerks; and
f. Is performed in an unhealthy environment exposing the
i. nbound and outbound sales and technical
child to hazardous working conditions, elements,
support services;
substances, co-agents or processes involving ionizing,
ii. Gambling facilities
radiation, fire, flammable substances, noxious
g. Other craft and related trade workers
components and the like, or to extreme temperatures,
i. Tasks that involve the driving or operating of
noise levels, or vibrations; or
high power machinery or equipment;
g. Is performed under particularly difficult conditions; or
ii. Sanding, varnishing, painting and tasks
h. Exposes the child to biological agents such as bacteria,
related to textile and garments
fungi, viruses, protozoans, nematodes and other
C. Other activities that may subsequently be declared as
parasites; or
hazardous​4
i. Involves the manufacture or handling of explosives and
other pyrotechnic products."
Further, take note of the practices which are considered not just hazardous,
but as the “worst forms of child labor” prohibited by RA 9231

1. All forms of slavery, as defined under the "Anti-trafficking in

Hours of Work
Persons Act of 2003", or practices similar to slavery such as sale
and trafficking of children, debt bondage and serfdom and forced
The permissible working hours of minors are provided by RA 9231:
or compulsory labor, including recruitment of children for use in
armed conflict; or
2. The use, procuring, offering or exposing of a child for prostitution, AGE HOURS IN A HOURS IN A PROHIBITED
for the production of pornography or for pornographic DAY WEEK HOURS
performances; or
3. The use, procuring or offering of a child for illegal or illicit activities, Below 15 years Not more than 4 Not more than 8PM - 6AM
including the production and trafficking of dangerous drugs and old hours 20 hours
volatile substances prohibited under existing laws; or
4. Work which, by its nature or the circumstances in which it is 15 - 18 years Not more than 8 Not more than 10PM - 6AM
carried out, is hazardous or likely to be harmful to the health, old hours 40 hours
safety or morals of children, such that it:
a. Debases, degrades or demeans the intrinsic worth and
Usage and Administration of the Working Child’s Income
dignity of a child as a human being; or
- Wages, Salaries, Earnings and other Income shall belong to child,
b. Exposes the child to physical, emotional or sexual abuse,
and shall be set aside
or is found to be highly stressful psychologically or may
- PRIMARILY: for the child’s education, support, and skills
prejudice morals; or
acquisition
c. Is performed underground, underwater or at dangerous
- SECONDARILY: for the collective needs of the family
heights; or
- Provided: not more than 20% of the income may be
used for the collective needs of the family
4
DOLE Department Order No. 149-16, Section 6
 - The income of the working child and/or the property acquired through
the work shall be administered by both parents. In the absence or
incapacity of either parents, the other parents shall administer the
same. The order of preference on parental authority shall apply.
Preservation of the Working Child’s Income
- It shall be deposited in a Trust Fund or Savings Account set up or
opened under his name by the administrator of such income.
- Applicable only to children earning more than 200,000
annually
- Trust Fund should be in the amount of at least 30% of the
earnings of the child
Access to Education and Training
- No child shall be deprived of formal, non-formal or alternative
learning systems of education. The employer shall provide access to
at least elementary and/or secondary education.No work during
school hours and hinder access to education during school days.
Prohibition of the Employment of Children in Certain Advertisements
- No child shall 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 pronography or
violence.
Work Permits
Contents of work permit
● Employer signature, countersigned by network representative if tv
● Child’s role, duration, salary/compensation
● Indicate if child will receive remuneration for appearances or
guestings to promote a product/film/show
● Statement that employer is complying with child protection laws
● Medical certificate for the child (valid within 1 month from date of
issuance)
Process
1. Employer, parent, or guardian applies for work permit in DOLE
Regional/Prov/Field Office which has jurisdiction ​at least 3 days
before ​shooting/taping/event
a. Must file in multiple DOLE offices if there is more than 1 work
place
2. In case of succeeding applications, the previously issued permit shall
be presented
3. DOLE to conduct an orientation on RA 9231 to parents/guardian and
employer, or child himself as may be appropriate
When required
● Engaged in public entertainment or information, local or overseas,
regardless of role (lead, supporting, guest, regular extra), regardless
if non-profit, for advocacy, or political
● Foreign national and engaged in public entertainment or information
● Will be a regular extra or part of a crowd included in the script/story
board
● If selected for a project after auditions, workshops, or VTR
screenings
● If selected as a semi-finalist in a television show contest (ex.,
singing, dance, talent)
When NOT required
● If just a spot extra or cast outright on the day of filming or taping
● If will join auditions or VTR screenings
● If part of the audience in a live tv show ​unless​ child’s participation is
expected
● If picked or chosen as a contestant from the audience in a live tv
show
● If a contestant in a tv show contest before being selected as a
semi-finalist
● If a recipient of gift-giving activities in tv
● If a participant in a school-related performance (play, skit, recital)
● If a participant in sports activities, trainings, workshops aimed at
developing his/her talent/skills
● If to be featured in a documentary material
Note​: Youth 15-below 18 are considered children. However the law does not
require children 15 to below 18 years of age to have a working child permit. It
is silent on this matter.
To reiterate RA 9231 requires the issuance of a work permit prior to the
employment of children below 15 years of age, as allowed in exceptional
situations. This law, however, is silent with regard to the issuance of a permit
or certificate to those who are 15 but below 18 years of age.
However, the other conditions for employment such as : access to formal and
non-formal education, including alternative learning systems and etc. must
still be complied with.
Conditions of Work at Home Arrangement (During Community Quarantine
Period):
 1. The child’s performance of the task, such as photo shoot or audio
visual recording shall be done in the child’s home under the
supervision of the adult family members.
2. Representatives of the employer may be allowed to go to the child’s
residence if necessary to assist the child in the performance of the
task
3. The employer must secure a permit from DOLE.

Criminal Liability​5

The law punishes those guilty of violating the different prohibitions in RA

9231:

● Persons liable:
A. Any person who directly commits the violations;
B. Employer of the subcontractor who employs; or
C. One who facilitates the employment of a child in hazardous
work
● Punishment:
A. Fine of not less than P100,000.00 but not more than
P1,000,000.00; or
B. Imprisonment of not less than twelve (12) years and one (1)
day to twenty (20) years, or both such fine and imprisonment
at the discretion of the court

5
DOLE Department Order No. 149-16, Section 8