Law Summary
Legal Definitions and Work Hour Restrictions
- Republic Act No. 9231 defines the working hours for children aged 15 to below 18 years.
- A working child of this age group shall not work more than eight (8) hours per day and no more than forty (40) hours per week.
- Night work is prohibited for children in this category, specifically between 10:00 PM and 6:00 AM.
Work Permits and Certificates
- The law mandates work permits for children below 15 years old, particularly in exceptional cases.
- However, for youth aged 15 to less than 18, the law is silent on the requirement of work permits or certificates, although they are still considered children under labor laws.
- Department Order No. 65-04 clarifies prohibitions related to child labor but does not require work permits for youth within this age bracket.
Prohibited Employment and Conditions
- Employment of children in the worst forms of child labor is strictly prohibited in any public or private establishment.
- The employment of children in advertisements promoting alcoholic beverages, tobacco, gambling, violence, or pornography is forbidden.
- Youths aged 15 to below 18 may be employed provided these prohibitions and conditions under RA 9231 and the Labor Code are observed.
Educational Access and Employer Obligations
- Every child has the right to access formal and non-formal education, including alternative learning.
- Employers must not hinder the educational opportunities of youth employees.
- Employers must ensure compliance with conditions on the nature of work, hours, recruitment, legitimate contracting, labor standards, and social protection.
Non-requirement of Work Permits for Youth 15 to Below 18
- There is no legal requirement for a DOLE work permit or certificate for youth aged 15 to below 18 prior to employment.
- Employers cannot deny employment to applicants in this age group for lack of such permits or certificates.
Rights and Guidance for Young Workers
- Young persons aged 15 to below 18 may present copies of this DOLE Advisory as proof of their employment rights.
- This advisory serves for guidance and compliance by employers, job providers, government authorities, and the youth themselves.
Adoption and Authority
- The Advisory was adopted on June 10, 2008, and signed by Secretary Marianito D. Roque of the Department of Labor and Employment.
This comprehensive explanation ensures clear understanding of the rules governing the employment of youth aged 15 to below 18 years in the Philippines, highlighting the protections, limitations, and required compliance measures for all parties involved.