Title
Child Employment Prohibition Act
Law
Republic Act No. 7658
Decision Date
Nov 9, 1993
Republic Act No. 7658 prohibits the employment of children below 15 years of age in the Philippines, with exceptions for employment under the sole responsibility of parents or legal guardians and participation in public entertainment with proper approval and safeguards.

Exceptions allowing employment below 15

  • A child below 15 may be employed when the child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer’s family are employed.
  • A child below 15 may be employed when the child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential.
  • Any exceptional employment allowed by Section 12 must comply with all strict requirements in all instances under Section 12.

Family-work exception conditions

  • Under the family-work exception, the child’s employment must not endanger the child’s life, safety, health and morals.
  • Under the family-work exception, the child’s employment must not impair the child’s normal development.
  • Under the family-work exception, the parent or legal guardian must provide the child with the prescribed primary and/or secondary education.

Public entertainment / information exception conditions

  • Under the entertainment/information exception, the employment participation must be essential.
  • The employment contract must be concluded by the child’s parents or legal guardian.
  • The contract must have the express agreement of the child concerned, if possible.
  • The entertainment/information employment must be subject to approval of the Department of Labor and Employment.

Mandatory requirements in all exceptional cases

  • In all exceptional cases where any child below 15 is employed, the employer must ensure the protection, health, safety, morals and normal development of the child.
  • In all exceptional cases, the employer must institute measures to prevent the child’s exploitation or discrimination, taking into account:
    • the system and level of remuneration, and
    • the duration and arrangement of working time.
  • In all exceptional cases, the employer must formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for the child’s training and skills acquisition.

Work permit requirement before employment

  • In exceptional cases where a child below 15 may be employed, the employer must first secure, before engaging the child, a work permit from the Department of Labor and Employment.
  • The work permit must ensure observance of the requirements under Section 12.

Department of Labor and Employment rules

  • The Department of Labor and Employment must promulgate rules and regulations necessary for the effective implementation of Section 12 as amended.

Repeal / modification clause

  • Section 2 provides that all laws, decrees, executive orders, rules and regulations, or parts thereof that are contrary to or inconsistent with Republic Act No. 7658 are modified or repealed accordingly.

Effectivity and publication rule

  • Section 3 provides that Republic Act No. 7658 takes effect fifteen (15) days after complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.
  • The Act was approved on November 9, 1993.

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