Law Summary
Policy on Employment of Minors
- Employment of persons below 18 years in hazardous or deleterious work is prohibited.
- Children below 15 years cannot be employed in any undertaking except those that do not endanger life, safety, health, morals, or impair normal development.
- Employment of children under 15 years is strictly regulated by Republic Act No. 7658.
Scope and Coverage of Hazardous Work
- Work exposing minors to physical, psychological, or sexual abuse is prohibited; includes work in lewd shows, cabarets, bars, dance halls, bath houses, escort services, and gambling halls.
- Work in dangerous environments such as underground, underwater, at dangerous or unguarded heights above two meters, or confined spaces is prohibited; examples include mining, deep sea fishing, cable fitting, painting, window cleaning, and fruit picking involving climbing.
- Work involving dangerous machinery or heavy manual handling is prohibited; includes logging, construction, quarrying, mechanized farming, metal work, welding, driving heavy equipment, operation of power-driven machines and tools, stevedoring, and dock work.
- Work in unhealthy environments exposing minors to hazardous processes, toxic chemicals, high noise, vibrations, or biological agents is prohibited; covers manufacturing/handling pyrotechnics, pesticide spraying, tanning, textile finishing, embalming, brewing, recycling batteries, hospital work, laboratories, welding, and working in discotheques/video arcades.
- Work under particularly difficult conditions such as long hours, night work, or unreasonable confinement to employer’s premises is prohibited.
Domestic or Household Service
- Persons aged 15 to below 18 years may engage in domestic or household service.
- Such employment is subject to restrictions outlined under hazardous work prohibitions in Section 3.
Enforcement
- Labor standards enforcement officers of DOLE will monitor compliance using these guidelines.
- Child labor laws allow only limited exceptions for employment of children under 15 provided it does not endanger life, safety, health, morals, or development.
Separability Clause
- If any provision of the Guidelines is declared invalid or unconstitutional, other provisions remain effective.
Effectivity and Supersession
- The Order takes effect fifteen (15) days after publication in two newspapers of general circulation.
- Supersedes Department Order No. 4 dated June 8, 1973.