Law Summary
Definitions of Key Terms
- "Employer": Includes any parent, legal guardian, or producer hiring or engaging a child below 15 years.
- "Legal Guardian": Court-appointed person exercising care, custody, or parental authority over the child.
- "Producer": Individual or group involved in producing movies, shows, or advertisements who hires the child.
- "Members of the family": Persons related by blood or marriage as defined under Article 150 of the Family Code.
- "Department": Refers to the Department of Labor and Employment (DOLE).
Exceptions and Conditions to the Prohibition
- Employment allowed if the child works directly under the sole responsibility of parents or legal guardians, involving only family members.
- Employment must not endanger the child’s life, safety, health, morals, or impair normal development.
- The child must be provided with required primary or secondary education by the employer.
- Child employment in public entertainment or media allowed only if essential, excluding promotional work involving alcohol, tobacco, or violence.
- Written contracts for media work must be approved by the Department of Labor and Employment.
Pre-employment Requirements
- Employers must secure a work permit from the Regional DOLE office before employing a child under exceptions.
- Submission of documentary requirements including recent photos, birth or baptismal certificates, proof of guardianship, school enrollment certification, written undertaking for the child’s protection, medical certificate, training program certification, and written employment contract where applicable.
- The employment contract in entertainment must specify the job nature, justification, and include the child’s agreement if possible.
Regulation of Hours of Work
- DOLE will set standards on permissible working hours and times through consultations with concerned sectors.
Effect of Other Issuances
- Existing rules and administrative issuances remain effective unless inconsistent with these regulations.
Penalties for Violations
- Violators face fines from PHP 1,000 to PHP 10,000 or imprisonment from 3 months to 3 years, or both.
- Repeated violations will lead to the revocation of the offender’s license to operate.
Effectivity of Rules and Regulations
- These rules take effect 15 days after publication in a newspaper of general circulation.
- Issued and adopted on May 12, 1994, under the authority of the Secretary of Labor and Employment.