Superseded. This article no longer states when a child may be employed. Republic Act No. 9231 (2003), amending Republic Act No. 7610, governs child labour now and is materially stricter than the text below — it restricts the permitted undertakings, requires a work permit from the labour department, caps working hours and requires schooling to continue. The text below is reproduced as originally enacted, for reference only.
Text of the provision
Art. 139. Minimum employable age. 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. Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations. The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
No child below fifteen (15) years may be employed, except when working directly under the sole responsibility of a parent or guardian and the work does not interfere with schooling. Persons between fifteen (15) and eighteen (18) may work only for the hours and periods the Secretary of Labor and Employment allows by regulation, and no one below eighteen (18) may be employed in work that is hazardous or deleterious.
Questions about this provision
Related provisions
- Article 137 — Prohibited Acts Against Women.
- Article 141 — Coverage Of Household Service.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.