QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 65-04)
It covers all persons and entities engaging the services of or employing children.
“Child” is any person under 18. “Child labor” is any work/economic activity by a child that subjects them to exploitation or is harmful to health and safety or physical, mental, or psychosocial development. “Working child” includes (i) any child engaged in work that is not child labor; and (ii) specifically, children below 15 engaged in work under sole responsibility of parents/guardian with only family members employed, or in public entertainment/information.
Except as otherwise provided, no child below 15 shall be employed, permitted, or suffered to work in any public or private establishment.
Worst forms include: all forms of slavery/forced labor/trafficking/debt bondage (including recruitment for armed conflict); prostitution and pornography; illegal activities including dangerous drugs/volatile substances; and hazardous or harmful work by nature/circumstances (including degrading/harmful conditions, underground/underwater/dangerous heights, dangerous machinery/tools, dangerous physical feats/heavy loads, unhealthy environments/exposure to hazardous substances, extreme temperatures/noise/vibrations, particularly difficult conditions, exposure to biological agents, and manufacture/handling of explosives/pyrotechnics). No child shall be engaged in the worst forms of child labor.
No child below 18 may be employed as a model in advertisements directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco/by-products, gambling, violence, or pornography.
Only when: (a) the child works under the sole responsibility of the parents/guardian with only members of the child’s family employed; or (b) participation in public entertainment or information is essential, regardless of extent of role.
The total hours must follow Sec. 15; work must not endanger life/safety/health/morals or impair normal development; child must be provided at least mandatory elementary or secondary education; and the employer must secure a work permit per Sections 8–12.
The application is automatically denied, deemed not filed, and the Regional Office immediately returns it indicating the requirements not complied with.
A verified application with: (i) terms/conditions of employment (hours, days, remuneration, rests) consistent with law; (ii) measures for protection/health/safety/morals/normal development (e.g., safe workplace/quarters, rest areas, separate facilities for boys/girls, adequate meals/snacks, medical/dental emergency support); proof of enrollment (unless below 7) or education/training plan; authenticated birth certificate or late registration; medical certificate by licensed physician certifying fitness; two passport-size photos; documents establishing employer identity/relationship/guardianship; and for public entertainment/employers, business permit/registration and a written employment contract approved by DOLE, including express agreement of the child if age is 7 to below 15.
It may state its validity period based on contract/application but in no case may exceed one year.
Sections 8–12 requirements do not apply. Instead, the employer files a notice with the proper Regional Office before the work, stating approximate number of child workers, date/place/time, and an undertaking of compliance with RA 9231 and the Rules.
(a) Below 15: not more than 20 hours/week and not more than 4 hours/day; and (b) 15 but below 18: not more than 8 hours/day and not beyond 40 hours/week.
Below 15: not allowed between 8:00 PM and 6:00 AM the following day. Ages 15 to below 18: not allowed between 10:00 PM and 6:00 AM the following day.
They belong to the child in ownership. Primarily for the child’s support, education, or skills acquisition, and secondarily for collective family needs—provided not more than 20% may be used for those collective needs.
Administered by both parents; if one is absent/incapacitated, the other administers; if both absent/incapacitated, the order follows Art. 216 of the Family Code (surviving grandparent, then oldest qualified sibling, then actual custodian over 21 unless unfit/disqualified). Preserved via a Trust Fund or Savings Account under the child’s name; if gross earnings reach at least P200,000/year, at least 30% must go to a Trust Fund; if below, at least 30% may be deposited in Savings Account each income receipt, and later transferred to Trust Fund once total reaches P200,000 in the year.
They may order immediate permanent closure if violation results in death/insanity/serious injury or involves prostitution/obscene or lewd shows; and immediate temporary closure if there is imminent danger to life/limb per OSH standards, with conditions for lifting/abating danger. In both closure cases, the employer must shoulder transportation to DSWD halfway house and residence, and medical management/recovery/reintegration costs (or funeral expenses). For temporary closure, wages for affected employees must be paid; for permanent closure, separation benefits must be paid.
Fraud/misrepresentation in the application; violation of contract/undertakings; failure to institute required protection/health/safety/morals/normal development measures; failure to implement education/training/skills acquisition program; or deprivation of access to formal/non-formal/alternative education.