DOLE Advisory on Employment of Youth 15-18

The Advisory is issued pursuant to the Labor Code of the Philippines and Republic Act No. 9231.
Republic Act No. 9231 provides for the elimination of the worst forms of child labor and affords special protection for the working child, and it amends Republic Act No. 7610.
Republic Act No. 9231 is implemented in Department Order No. 65-04.
The Advisory also expressly references the earlier amendments to Republic Act No. 7610 by Republic Act No. 7658.

The Advisory addresses the employment rules applicable to a child aged 15 to less than 18 years.
The Advisory reiterates that a person aged 15 to below 18 is still considered a child.
Employment of a young person 15 to below 18 is allowed only under the conditions and prohibitions under Republic Act No. 9231 and the Labor Code.

A child aged 15 to below 18 must not be allowed to work for more than 8 hours a day.
A child aged 15 to below 18 must not be allowed to work beyond 40 hours a week.
A child aged 15 to below 18 must not be allowed to work between 10:00 in the evening and 6:00 in the morning of the following day.

Department Order No. 65-04 clarifies prohibitions that include the employment of children in the worst forms of child labor in any public or private establishment.
Department Order No. 65-04 prohibits the employment of children in advertisements directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling, or any form of violence or pornography.
A young person 15 to below 18 may be employed only if employment complies with the prohibitions and conditions under Republic Act No. 9231 and the Labor Code.

Every child must have access to formal and non-formal education, including alternative learning systems.
When a young person 15 to below 18 is employed, the employer must provide access to at least elementary or secondary education, including alternative learning systems.
No employer shall hinder a young person’s education and learning opportunities.
The employer must observe the prohibitions on employment of a young person and comply with conditions on the nature of work, number of hours of work, and time of work.
The employer must meet requirements on recruitment or hiring, legitimate contracting, general labor standards, and social protection, among others.

A work permit prior to employment is required for children below 15 years of age only in the exceptional situations allowed under law.
A DOLE certificate for youth aged 15 to below 18 prior to employment is not required by law.
No employer shall deny an opportunity to a youth aged 15 to below 18 applying for employment merely due to the lack of a DOLE work permit or certificate of eligibility for employment.
A young person aged 15 to below 18 may present a copy of DOLE Department Advisory No. 01-08 to an employer, job provider, government authority, or representative when seeking employment or at any time during employment.