QuestionsQuestions (Republic Act No. 7658)
RA 7658 is the Child Employment Prohibition Act. It prohibits the employment of children below 15 years of age in both public and private undertakings, subject to specific exceptions.
RA 7658 amended Section 12, Article VIII of RA 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act). It states that children below 15 shall not be employed except under enumerated exceptions.
Children below fifteen (15) years of age generally shall not be employed.
A child may be employed when he works directly under the sole responsibility of his parents or legal guardian, and where only members of the employer’s family are employed.
The child’s employment must neither endanger his life, safety, health, and morals, nor impair his normal development. The parent/legal guardian must also provide the prescribed primary and/or secondary education.
Employment or participation in public entertainment or information through cinema, theater, radio, or television when such employment is essential.
The employment contract must be concluded by the child’s parents or legal guardian, with the express agreement of the child concerned (if possible), and with the approval of the Department of Labor and Employment.
The employer must ensure the child’s protection, health, safety, morals, and normal development; institute measures to prevent exploitation or discrimination considering remuneration and working time; and formulate and implement a continuing training and skills acquisition program subject to competent authorities’ approval and supervision.
The employer must first secure a work permit from the Department of Labor and Employment (DOLE) before engaging the child, ensuring observance of the requirements.
The Department of Labor and Employment (DOLE) is mandated to promulgate the rules and regulations necessary for effective implementation.
All laws, decrees, executive orders, rules and regulations, or parts thereof contrary to or inconsistent with RA 7658 are modified or repealed accordingly.
It takes effect fifteen (15) days after complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.
It may be allowed if the child works directly under the sole responsibility of his parent/legal guardian, only family members are employed, and the work does not endanger life/safety/health/morals or impair normal development, and the child receives the prescribed primary/secondary education.
The child’s employment must be essential; the contract must be concluded by parents/legal guardian with the child’s express agreement (if possible) and DOLE approval; in all instances requirements must be complied with (protection, prevention of exploitation/discrimination, and training program); and the employer must secure a work permit from DOLE before engaging the child.
It operates as a prior condition. The employer must first secure the DOLE work permit before engaging the child.