QuestionsQuestions (DOLE DEPARTMENT ADVISORY NO. 01 -08)
It is based on the Labor Code of the Philippines and Republic Act (RA) No. 9231 (which amended RA 7610), consistent with DOLE Department Order No. 65-04, the Rules and Regulations implementing RA 9231.
Not more than eight (8) hours a day, and not beyond forty (40) hours a week.
No child 15 to below 18 may be allowed to work between 10:00 in the evening and 6:00 in the morning the following day.
Yes. RA 7610 as amended by RA 7658 requires the issuance of a work permit prior to employment for children below 15 years, although only in exceptional situations.
No. The advisory states that the issuance of a DOLE certificate to youth aged 15 to below 18 prior to employment is not required by law.
Employers must not deny the opportunity to any such youth merely because of lack of a DOLE work permit or certificate of eligibility for employment.
The youth may present a copy of DOLE Department Advisory No. 01-08 to any employer, job provider, government authority, or representative when seeking employment or anytime during employment.
The employer must ensure access to formal or non-formal education (at least elementary or secondary, including alternative learning systems), must not hinder education, must comply with prohibitions and labor standards, and must observe hours and time restrictions.
The employer shall provide access to at least elementary or secondary education, including alternative learning systems, and shall not hinder the young person’s education and learning opportunities.
They are: (1) the employment of children in the worst forms of child labor in any public or private establishments; and (2) employment of children in advertisements directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling, any form of violence, or pornography.
No. It clarifies that such employment may be allowed subject to the conditions and prohibitions in RA 9231 and the Labor Code.
Employers must comply with limits on hours of work (8 hours/day, 40 hours/week) and time restrictions (no work between 10:00 PM and 6:00 AM) for youth aged 15 to below 18.
Every child must have access to formal and non-formal education; where the young person is employed, the employer must ensure access and must not hinder education and learning opportunities.
They cannot deny employment solely because of lack of a DOLE work permit or certificate of eligibility, since a DOLE certificate is not required by law for this age group.
No. The advisory states RA 9231 is silent on permits or certificates for those who are 15 to below 18, although they are still considered children.
Ensure (1) education access and non-hindrance; (2) compliance with prohibited employments (worst forms of child labor; prohibited advertising types); (3) compliance with hours (max 8/day, 40/week) and time restrictions (no work 10 PM–6 AM); and (4) general labor standards, legitimate hiring/recruitment, contracting, and social protection. Also, do not deny hiring solely due to absence of a DOLE certificate.