Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 18)
Children below 15 years of age shall not be employed, permitted, or suffered to work in any public or private establishments in the Philippines, except as otherwise provided in the Rules.
An employer is any parent, legal guardian, or producer acting as employer who hires or engages the services of any child below 15 years of age.
A legal guardian is any person duly appointed by a court of competent authority to exercise care and custody of or parental authority over the person of the child/employee.
Exceptions include when the child works directly under the sole responsibility of parents or legal guardians who employ only family members, provided the employment does not endanger the child’s life, health, and morals, does not impair normal development, and education is provided; and where the child's participation in public entertainment or information through cinema, theater, radio or television is essential, subject to conditions including approved contracts and restrictions.
The employer must secure a work permit from the Regional Office of the Department, and submit documents including photographs, birth certificate or baptismal certificate with kin affidavits, school enrollment certificate, a written undertaking on protection of the child, medical certificate of fitness, certification of continuing training program, and a written contract of employment if applicable.
Employment must not involve promotions of alcoholic beverages, intoxicants, tobacco or violent content; there must be a written contract approved by the Department of Labor and Employment; and safeguards on the child’s health, safety, morals, and education must be ensured.
Members of the family include those related under Article 150 of the Family Code of the Philippines, such as the employer parent's or legal guardian's husband or wife, parents, children, other ascendants or descendants, and brothers and sisters by full or half blood.
Violators may face fines of not less than P1,000 but not more than P10,000, or imprisonment from three months to three years, or both at the court's discretion. Repeated violations may also result in revocation of the offender's license to operate.
The employer parent or legal guardian must provide the child with primary and/or secondary education as prescribed by the Department of Education, Culture and Sports.
They took effect fifteen (15) days after publication in a newspaper of general circulation following their adoption on May 12, 1994.