Law Summary
Employment of Children
- Prohibits employment of children below 15 years old except in two cases:
- Employment under sole parental or legal guardian responsibility within the family, ensuring no harm to the child’s well-being or education.
- Employment in public entertainment or media with parental/guardian consent, child’s agreement, and Department of Labor and Employment (DOLE) approval.
- Employers must protect the child’s health, safety, morals, and ensure skill development programs.
- Work permits from DOLE are mandatory before child employment in exceptional cases.
- Defines "child" as persons under 18 years old.
Hours of Work for Working Children
- Children under 15 may work a maximum of 20 hours per week, not exceeding 4 hours a day.
- Children 15 to under 18 may work up to 8 hours per day and 40 hours per week.
- Prohibits working hours for under 15 years between 8 PM to 6 AM; and for 15 to under 18 years between 10 PM to 6 AM.
Ownership and Administration of Child’s Income
- All earnings of the working child belong to the child primarily for their support, education, or skills acquisition.
- Up to 20% of income may be used for family needs.
- Income/property is administered by both parents; if either is absent or incapacitated, administration follows Family Code hierarchy.
Trust Fund for the Working Child’s Income
- Parents/guardians must set up a trust fund for at least 30% of earnings if the child’s income amounts to at least PHP 200,000 annually.
- Semi-annual accounting of the trust fund to DOLE is required.
- Full control of the trust fund is transferred to the child upon reaching majority.
Prohibition Against Worst Forms of Child Labor
- Children prohibited from engaging in the worst forms of child labor, defined as:
- All forms of slavery and similar practices, including child trafficking and forced labor.
- Use of children in prostitution or production of pornography.
- Use of children in illegal activities such as drug production and trafficking.
- Hazardous work that harms health, safety, or morals, including exposure to physical, psychological, or sexual abuse; dangerous environments and machinery; extreme conditions; biological agents; or explosives.
Access to Education and Training for Working Children
- No child shall be deprived of formal or non-formal education.
- Employers must ensure access to primary and secondary education for working children.
- Department of Education (DEPED) tasked with creating appropriate education programs, training, facilities, research, and alternative education designs tailored for working children.
Prohibition on Employment of Children in Certain Advertisements
- Children cannot be employed as models in advertisements promoting alcoholic drinks, tobacco, gambling, violence, or pornography.
Penal Provisions
- Employers violating child employment and working hours laws face imprisonment (6 months to 6 years), fines (PHP 50,000 to PHP 300,000), or both.
- Violations related to worst forms of child labor attract harsher penalties including fines up to PHP 1 million and imprisonment of 12 to 20 years.
- Violations concerning trafficking and drug-related offenses penalized under respective special laws with maximum penalties.
- Corporate officers who allow violations are penalized.
- Parents or guardians violating provisions pay fines (PHP 10,000 to PHP 100,000), community service, or imprisonment for repeat offenses.
- Secretary of Labor and Employment may order closure of repeatedly violating establishments and those causing death or serious injury of child employees or engaging in illicit activities.
Trust Fund from Fines and Penalties
- All fines collected are placed in a trust fund managed by DOLE.
- Trust fund used exclusively for rehabilitation, reintegration, and preventive programs for child labor victims.
Filing of Complaints
- Complaints may be filed by the offended child, parents, relatives within third degree of consanguinity, officers or social workers of licensed child-caring institutions or DSWD, barangay chairmen, or at least three concerned citizens.
Jurisdiction and Case Proceedings
- Family courts have original jurisdiction; regional and municipal trial courts have concurrent jurisdiction where family courts are absent.
- Preliminary investigations must conclude within 30 days.
- Filing of charges within 48 hours post-investigation.
- Trials to be concluded within 90 days; decisions rendered within 15 days after submission.
Exemptions and Services for Child Victims
- Child victims of labor violations are exempt from filing fees in civil actions for recovery of damages.
- Children entitled to free legal, medical, and psycho-social services provided by the state.
Implementing Rules and Regulations
- Secretary of Labor and Employment, in coordination with Congressional labor committees, to issue implementing rules within 60 days of the law’s effectivity.
- Rules take effect upon publication in two national newspapers.
Separability, Repealing and Effectivity
- Invalidity or unconstitutionality of any provision does not affect the remaining law provisions.
- Conflicting laws, decrees, and rules are repealed or modified accordingly.
- Law takes effect 15 days after publication in the Official Gazette or two national newspapers.