Question & AnswerQ&A (Republic Act No. 9231)
The primary purpose of Republic Act No. 9231 is to provide for the elimination of the worst forms of child labor and to afford stronger protection for working children, amending Republic Act No. 7610.
Children below fifteen (15) years of age are generally prohibited from employment, except under specific exceptions outlined in Section 12.
Children below 15 years may be employed only if they work directly under the sole responsibility of their parents or legal guardians where only family members are employed, provided the work does not endanger the child and the child receives proper education; or, if their employment in public entertainment or media is essential with proper contractual agreements and DOLE approval.
Children below 15 years may work not more than 20 hours a week and not more than 4 hours a day; children aged 15 to below 18 years may work up to 8 hours a day and no more than 40 hours a week; restrictions exist on night work hours.
Worst forms of child labor include slavery and similar practices, use of children for prostitution or pornography, illicit activities such as drug production and trafficking, and hazardous work harmful to children's health, safety, or morals including dangerous machinery, harmful environments, and other specified hazardous conditions.
Employers violating these sections shall be punished with imprisonment from six months and one day to six years, or a fine from P50,000 to P300,000, or both at the court’s discretion.
Violators shall face fines from P100,000 to P1,000,000, or imprisonment from twelve years and one day to twenty years, or both, depending on the offense, with maximum penalties for trafficking and drug-related violations.
Complaints may be filed by the offended party; parents or guardians; relatives up to the third degree; social workers or representatives of licensed child-caring institutions or DSWD; Barangay chairman where the violation occurred; or at least three concerned citizens.
DEPED must ensure working children have access to primary and secondary education, design relevant programs and curricula, provide necessary educational facilities and materials, and conduct research for alternative education to promote intellectual and vocational efficiency.
The income belongs to the child and must be primarily used for the child's support, education, or skills acquisition. Not more than 20% may be used for family needs. Parents or guardians administer the income, and a trust fund must be established for children earning at least P200,000 annually.