As a rule, children below 15 years old may not be employed, except when working directly under the sole responsibility of their parents in a family undertaking that does not endanger them, or in public entertainment under strict conditions and with a work permit from DOLE. Those aged 15 to below 18 may work but not in hazardous or deleterious work, and their hours are limited. RA 9231 strengthened the protection by prohibiting the worst forms of child labor and imposing penalties, with schooling and the child's welfare safeguarded.
Philippine law protects children from exploitation at work while allowing limited, safe forms of youth employment. The framework, strengthened by Republic Act No. 9231, draws firm lines by age and by type of work.
The General Rule: No Work Below 15
The baseline is that a child below fifteen (15) years of age shall not be employed. There are only narrow exceptions:
- When the child works directly under the sole responsibility of their parents or legal guardian, in a family undertaking where only family members are employed, provided the work does not endanger the child’s life, safety, health, and morals, and does not impair their schooling; and
- When the child’s participation in public entertainment or information (film, TV, theater, and the like) is essential, under a written contract, with the parents’ consent and a work permit from DOLE, and with strict safeguards for the child’s schooling, health, and morals.
Ages 15 to Below 18
A child fifteen and above but below eighteen may be employed in work that is not hazardous or deleterious to their health and morals. Their working hours are limited — shorter maximum hours than adults, no work during certain nighttime periods, and arrangements that protect their education. The employer must ensure the young worker is not overworked and that schooling continues.
Prohibited and Hazardous Work
No minor may be engaged in hazardous or deleterious work — and RA 9231 specifically targets the worst forms of child labor, which are absolutely prohibited, including:
- All forms of slavery, trafficking, debt bondage, and forced labor;
- Use of a child in prostitution, pornography, or illicit activities such as drug trafficking; and
- Work that, by its nature or circumstances, is hazardous or likely to harm the child’s health, safety, or morals.
These carry criminal penalties, and the child is treated as a victim.
The Working Child’s Protections
Where a minor is lawfully employed, the law protects their income (safeguarding their earnings for their benefit), their education, and their health and development. A work permit and adherence to the conditions are the employer’s responsibility, and violations expose the employer to sanctions.
Practical Advice
- Employers: do not employ children below 15 outside the narrow exceptions; for 15-to-under-18 workers, avoid hazardous work, limit hours, and protect schooling; secure permits where required.
- Parents: a family undertaking with your own child is allowed only if it is safe and does not impair schooling; public-entertainment work needs a DOLE permit and safeguards.
- Report the worst forms of child labor — they are crimes, and the child is a victim entitled to protection.
Frequently Asked Questions
Can children below 15 be employed? As a rule, no. The exceptions are working under the sole responsibility of parents in a safe family undertaking that does not impair schooling, or public entertainment under a written contract with a DOLE work permit and strict safeguards.
Can a 16-year-old work? Yes, those aged 15 to below 18 may work in non-hazardous, non-deleterious work, with limited hours and protection of their schooling and morals.
What work is prohibited for minors? Hazardous or deleterious work, and the worst forms of child labor, including slavery, trafficking, forced labor, prostitution, pornography, and illicit activities, which are absolutely prohibited and criminally punishable.
Is a permit needed to employ a child? Yes, in the allowed cases such as public entertainment, a work permit from DOLE and adherence to the conditions are required. Violations expose the employer to sanctions.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about lawfully employing a minor or need to report child labor, our firm can advise you. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.