Child Labor Rules and Regulations

Legal basis and relationship

The Rules are promulgated pursuant to Section 10 of Republic Act No. 9231 (pursuant clause).
Section 29 provides that these Rules supersede Department Order No. 18, series of 1994 (the Rules and Regulations implementing Republic Act No. 7658).
Section 29 also provides that all other DOLE issuances inconsistent with these Rules are deemed modified accordingly.
Section 27 and Section 28 govern how complaints and investigation reports proceed for violations that implicate Republic Act No. 9231.

Policy, principles, and child welfare

The State provides special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination and other conditions prejudicial to their development, including child labor and its worst forms (Section 2).
The State provides sanctions for commission of prohibited acts and carries out a program for prevention and deterrence of, and crisis intervention in, situations of child abuse, exploitation and discrimination (Section 2).
The State intervenes on behalf of the child when the parent, guardian, teacher, or person having care or custody fails or is unable to protect the child, or when the acts are committed by that same person (Section 2).
The State protects and rehabilitates children gravely threatened or endangered by circumstances affecting or that will affect their survival and normal development, over which they have no control (Section 2).
The best interest of children is the paramount consideration in all actions concerning them by public and private social welfare institutions, courts, administrative authorities, and legislative bodies, consistent with the principles of “First Call for Children” under the United Nations Convention on the Rights of the Child (Section 2).
Every effort is exerted to promote the welfare of children and enhance their opportunities for a useful and happy life (Section 2).

Core definitions and covered persons

A Child is any person under 18 years of age (Section 3(a)).
Child Labor is any work or economic activity performed by a child that subjects the child to exploitation, or is harmful to the child’s health and safety or physical, mental, or psychosocial development (Section 3(b)).
A Working Child is defined to include:
- a child below 18 years engaged in work or economic activity that is not child labor; and
- a child below 15 years engaged in:
  - work directly under the sole responsibility of the parents or legal guardian where only members of the child’s family are employed; or
  - public entertainment or information (Section 3(c)).
Parent refers to either biological or adoptive mother or father (Section 3(d)).
Guardian refers to any person exercising substitute parental authority, whether or not awarded by a court (Section 3(e)).
Members of the family include the child’s parents, guardian, brothers or sisters (full or half blood), and other ascendants and descendants or collateral relatives within the fourth civil degree of consanguinity (Section 3(f)).
An Employer includes any natural or juridical person who directly or indirectly procures, uses, avails of, contracts out, or otherwise derives benefit from the work or services of a child in any occupation, undertaking, project, or activity, for profit or not, including anyone acting in the interest of the employer (Section 3(g)).
The Department means the Department of Labor and Employment (Section 3(h)).
Work permit is the permit secured by the employer, parent, or guardian from the Department for any child below 15 years of age in any work allowed under Republic Act No. 9231 (Section 3(j)).
Hours of work include required presence at the workplace and all time suffered or permitted to work; short rest periods during working hours count as hours worked (Section 3(k)).
Workplace means the office, premises, or worksite where a child is temporarily or habitually assigned, including households employing children where no fixed workplace exists (Section 3(l)).
Public entertainment or information includes performances and media activities for television, radio, cinema/film, theater, commercial advertisement, public relations, print materials, internet, and other media (Section 3(m)).
Formal education, non-formal education, and alternative learning system are defined as institutionalized education systems, organized systematic learning outside formal system, and parallel comparable learning systems, respectively (Section 3(n)-(q)).
Forced labor and slavery refers to extraction by enticement, violence, intimidation or threat, use of force or coercion (including deprivation of freedom), abuse of authority or moral ascendancy, debt bondage, or deception (Section 3(q)).
Child pornography covers representations of a child in real or simulated explicit sexual activities or representations of a child’s sexual parts for primarily sexual purposes (Section 3(r)).
Recovery and reintegration are interventions and services facilitating healing and eventual return of the child to family and community (Section 3(s)).
Normal development of the child is growth within a safe and nurturing environment with adequate nourishment, care and protection, and opportunity for age-appropriate tasks (Section 3(t)).
These Rules cover all persons and entities engaging the services of or employing children (Section 1).

Prohibited employment of children

No child below 15 years of age shall be employed, permitted, or suffered to work in any public or private establishment, except as otherwise provided in these Rules (Section 4).
No child shall be engaged in the worst forms of child labor (Section 5).
“Worst forms of child labor” includes:
- all forms of slavery as defined under the Anti-trafficking in Persons Act of 2003, and similar practices including sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labor, including recruitment of children for use in armed conflict (Section 5(a));
- use, procuring, offering, or exposing of a child for prostitution, for production of pornography, or for pornographic performances (Section 5(b));
- use, procuring, or offering of a child for illegal or illicit activities, including production or trafficking of dangerous drugs or volatile substances prohibited under existing laws (Section 5(c)); and
- work hazardous or likely harmful by nature or circumstances, including circumstances that: debase/degrade/demean intrinsic worth and dignity; expose the child to physical, emotional, or sexual abuse or high psychological stress; are underground, underwater, or at dangerous heights; involve dangerous machinery/equipment/tools such as power driver or explosive power-actuated tools; require dangerous feats, physical strength/contortion, or manual transport of heavy loads; occur in unhealthy environments exposing the child to hazardous conditions, elements, substances, co-agents or processes involving ionizing radiation, fire, flammable substances, noxious components, extreme temperatures, noise levels, or vibrations; are performed under particularly difficult conditions; expose the child to biological agents; or involve manufacture/handling of explosives and other pyrotechnic products (Section 5(d)(i)-(ix)).
No child below 18 years of age shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling, any form of violence, or pornography (Section 6).

Limited exceptions and their conditions

The only exceptions to the prohibition on employment of a child below 15 years of age are those in Section 7 (Section 7).
A child may work only if:
- the child works under the sole responsibility of the parent or guardian, and only members of the child’s family are employed (Section 7(a)); or
- the child’s employment or participation in public entertainment or information is essential, regardless of the extent of the child’s role (Section 7(b)).
For employment under the public entertainment/information exception, the employment must meet all strict conditions:
- total hours of work must be in accordance with Section 15 (Section 7(b)(i));
- the employment must not endanger the child’s life, safety, health, and morals, nor impair normal development (Section 7(b)(ii));
- the child must be provided at least the mandatory elementary or secondary education (Section 7(b)(iii)); and
- the employer must secure a work permit in accordance with Sections 8-12 (Section 7(b)(iv)).

Work permit requirements and validity

No child below 15 years of age may commence work without a work permit, except as provided in Section 13 (Section 8).
The employer must secure the work permit from the Regional Office having jurisdiction over the child’s workplace (Section 8).
If work will be done in more than one workplace under different Regional Offices, the application must be filed with the Regional Office having jurisdiction over the employer’s principal office (Section 8).
At least two days prior to performance of the work, the employer must inform the Regional Office having jurisdiction over the workplace of the activities involving the child (Section 8).

Application contents, fee, and approval

The employer must submit to the appropriate Regional Office:
- a duly accomplished and verified application containing:
  - terms and conditions of employment including hours of work, number of working days, remuneration, and rest period in accordance with law (Section 9(a)(i)); and
  - measures to ensure protection of the child’s health, safety, morals, and normal development, including: comfortable workplace and adequate quarters; break/rest periods in comfortable day beds or couches; clean and separate dressing rooms and toilet facilities for boys and girls; adequate meals and snacks with sanitary eating facilities; and assistance for adequate and immediate medical and dental attendance and treatment in emergencies (Section 9(a)(ii)(1)-(5)).
- proof of school enrollment unless the child is below seven (7) years old, in which case either enrollment proof or an educational/training description is required (Section 9(b)).
- an authenticated copy of the child’s Birth Certificate or Certificate of Late Registration of Birth (Section 9(c)).
- a medical certificate by a licensed physician stating personal examination and that the child is fit for the work, with the physician’s full name and license number printed (Section 9(d)).
- two passport size photographs of the child (Section 9(e)).
- identity documents for the employer when the employer is the parent/guardian/family member, and documents establishing legal guardianship or proof of relationship where applicable (Section 9(f)).
- for public entertainment/employers: a certified true copy of the employer’s business permit or certificate of registration and a written employment contract between the employer and the child’s parents/guardian approved by the Department, with an express agreement of the child when the child is between seven (7) and below 15 years of age (Section 9(g)).
The employer must pay an application fee of PHP 100.00, which the Secretary of Labor and Employment may review and adjust from time to time subject to applicable regulations (Section 10).
Within three working days from employer compliance with Sections 8-10, the Regional Office requires appearance of the child’s parent/guardian/employer, or the child as appropriate, to validate information and educate on child labor laws and regulations (Section 11).
The Regional Office, through the Regional Director, issues the work permit within three days from compliance with all requirements (Section 11).
Non-compliance results in automatic denial; the application is deemed not filed and the Regional Office immediately returns it, indicating non-complied requirements (Section 11).

Validity, spot extras notice, and e-system compliance

The work permit states its validity period based on the employment contract or work permit application, but the validity period shall not exceed one year (Section 12).
For spot extras in public entertainment or information, the work permit requirements under Sections 8-12 do not apply; instead, the employer files a notice with the Regional Office where work will be performed (Section 13).
The spot extras notice must be in the Department-prescribed form and must state: approximate number of child workers, date/place/time of work, and an undertaking that employment will conform to Republic Act No. 9231 and these Rules (Section 13).
The Department develops systems enabling compliance through electronic media with documentary requirements and sets up a database of contracts filed and work permits issued accessible to the public under reasonable access rules (Section 14).
The notice timing structure for spot extras requires filing before the work begins as a procedural requirement, with the casting/out-right day of filming/taping treated under Section 13.

Hours, income ownership, and education access

For a child below 15, hours of work must not exceed 20 hours a week, and must not exceed four hours in any given day (Section 15(a)).
For a child 15 but below 18, hours must not exceed eight hours a day, and in no case beyond 40 hours a week (Section 15(b)).
No child below 15 may work between 8:00 p.m. and 6:00 a.m. of the following day; no child 15 but below 18 may work between 10:00 p.m. and 6:00 a.m. of the following day (Section 15(c)).
Sleeping time and travel time from residence to workplace of a child engaged in public entertainment or information are not included as hours worked, without prejudice to existing employee compensation rules (Section 15).
The child’s wages, salaries, earnings, and other income belong to the child and must be set aside primarily for support, education, or skills acquisition, and secondarily to collective family needs, but not more than 20% (twenty percent) of the child’s income may be used for collective needs (Section 16).
The working child’s income and/or property acquired through the child’s work is administered by both parents; if one is absent/incapacitated, the other administers; if both parents are absent/incapacitated, administration follows Article 216 of the Family Code in the order stated: surviving grandparent (with court designation rules), then oldest brother or sister over 21 years unless unfit/disqualified, then the child’s actual custodian over 21 years unless unfit/disqualified (Section 17).
The working child’s income must be deposited in a Trust Fund or Savings Account under the child’s name, subject to conditions and the Civil Code (Section 18).
The administrator must account for all wages and income; when gross annual earnings are at least PHP 200,000.00, at least 30% of that amount must be deposited in a Trust Fund (Section 18).
For gross annual earnings below PHP 200,000.00, at least 30% of income may be deposited in a Savings Account each time the child receives income; accumulated savings must be immediately transferred to the Trust Fund when total gross annual income reaches at least PHP 200,000.00 (Section 18).
The child gains full control over the Trust Fund upon reaching the age of majority (Section 18).
The administrator must render a semi-annual accounting of the Trust Fund to the concerned DOLE Regional Office and must submit a verified financial statement either actual or online in a Department-prescribed form (Section 18).
Every child has access to formal or non-formal education, and no child is deprived of formal, non-formal, or alternative learning systems (Section 19(a)).
When a child is allowed to work, the employer must provide access to at least elementary and/or secondary education and must not make the child work during school hours or hinder access to education during school days (Section 19(a)).
Continuing education/training programs follow the Department of Education for formal, non-formal, and alternative learning systems or the Technical Education and Skills Development Authority where applicable to the child’s circumstances (Section 19(b)).

Rights to legal, medical, and psychosocial services

Working children, including victims of child labor, are entitled to free legal, medical and psycho-social services provided by the State through mandated agencies and inter-agency networks such as the National Program Against Child Labor, and any other established mechanisms (Section 20).
The Department must set up a mechanism to provide free legal services for working children and their parents/guardians, including information on rights and procedures for filing complaints and claiming compensation, and on other legal remedies (Section 20).
The Department must facilitate health services for working children and child labor victims with concerned sectors, covering primary/preventive, secondary/curative, and tertiary/rehabilitative services or other services necessary to address physical, psychological, and social problems arising from child labor (Section 20).
The Department must refer working children and victims of child labor to appropriate agencies/organizations for psycho-social services (Section 20).
Service delivery must account for the special needs and peculiar situations of working children, including victims of child labor (Section 20).
The Department may enlist assistance of non-governmental organizations and other groups, without prejudicing similar services already provided under other agencies’ mandates (Section 20).

Enforcement actions, permit suspension/cancellation, procedure

In cases of violation, the Secretary of Labor and Employment or the Regional Director (as authorized representative) issues the required enforcement actions (Section 21).
The Secretary/Regional Director orders immediate and permanent closure if:
- the violation of any Republic Act No. 9231 provision results in death, insanity, or serious physical injury of a child employed in the establishment; or
- the establishment employs a child for prostitution or obscene or lewd shows (Section 21(a)).
Upon closure under Section 21(a), the employer must pay all affected employees their separation pay and other monetary benefits provided by law (Section 21(a)).
The Secretary/Regional Director orders immediate and temporary closure if there is imminent danger to the life and limb of the child in accordance with occupational safety and health standards (Section 21(b)).
“Imminent danger” means a condition or practice reasonably expected to cause death or serious physical harm (Section 21(b)).
Closure under imminent danger is never lifted unless the imminent danger is abated (Section 21(b)).
During temporary closure, the employer must pay wages of all affected employees (Section 21(b)).
If after due hearing the closure becomes permanent, the employer must pay affected employees their separation benefits as provided in Section 21(a) (Section 21(b)).
In both closure situations, the employer must:
- shoulder transportation cost of the child from the workplace to a DSWD-accredited halfway house and to the child’s residence; and
- shoulder total actual cost of medical management, recovery and reintegration of the child, or if death occurs, the child’s funeral expenses (Section 21(c)(i)-(ii)).
The Regional Director must suspend or cancel the work permit for a working child if any of the following applies: fraud/misrepresentation in the application or supporting documents; violation of employment contract terms/undertakings; failure to institute required protection measures (required under Section 7(b)(ii)); failure to formulate and implement education/training/skills acquisition program; or deprivation of access to formal, non-formal, or alternative education (Section 22(a)-(e)).
For violations that do not result in death, insanity, or injury, the Regional Director (after due notice and hearing) must impose compliance and escalation measures while preserving criminal/civil actions:
- first violation: issue compliance order for immediate restitution and correction; failure to comply constitutes a second violation (Section 23(a));
- second violation: issue compliance order plus prohibit hiring a child for six months commencing from the date of the last offense; failure to comply constitutes a third violation (Section 23(b));
- third violation: issue compliance order for immediate restitution and correction; failure to comply constitutes a fourth violation justifying closure of the establishment (Section 23(c)).
In appropriate cases, the Regional Director may file against the employer a case for indirect contempt under Rule 71 of the Revised Rules of Court (Section 23).
Enforcement proceedings under Sections 21, 22, and 23 are summary in nature and may be initiated motu proprio or upon complaint by any interested party (Section 24).
Permanent or temporary closure is effected by service of a notice of closure on the employer; within 24 hours of notice, a hearing is called to confirm closure with opportunity to present evidence why closure is not appropriate; within 72 hours from the last hearing, the Regional Director issues an order confirming or lifting closure (Section 24).
For work permit suspension/cancellation, the Regional Director serves a notice on the employer and the child’s parent/guardian; the parent/guardian and/or employer have three days from receipt to show cause; the Regional Director must issue a revocation, suspension, or dismissal order within ten days from service of notice (Section 24).
Any motion for reconsideration of the Regional Director’s action is resolved by the Secretary of Labor and Employment (Section 24).
Upon issuance of notice and during pendency of proceedings, the concerned child is not allowed to work (Section 24).
If a ground for cancellation or suspension arises in a workplace outside the jurisdiction of the Regional Office that issued the work permit, the Regional Office with jurisdiction over the workplace must immediately stop the employer from requiring the child to work; within 24 hours, it prepares a report to the work permit–issuing Regional Office for appropriate cancellation/suspension proceedings (Section 24).

Industry guidelines, self-policing, and trust fund

The Department may issue industry-specific guidelines after consultation with concerned sectors (Section 25).
Establishments with at least 200 workers or those with certified collective bargaining agreements (CBAs) are encouraged to adopt a self-assessment mode pursuant to Section 1(a) of Department Order No. 57-04, series of 2004 (Section 25).
Employers, workers, and their organizations, professional organizations, or business federations are encouraged to establish or adopt mechanisms to monitor their ranks and take corrective action against erring members, with the Department providing technical assistance (Section 25).
Fines imposed by the court on violators of Republic Act No. 9231 accrue, subject to government accounting/auditing rules and trust fund rules under the General Appropriations Act, to the DOLE-Office of the Secretary Trust Fund for Working Children (Section 26).
The trust fund is administered by the Department and disbursed exclusively for programs and projects preventing child labor and mitigating its effects (Section 26).
Within two months after the effectivity of these Rules, the Department sets up the Trust Fund for Working Children and must: draw up procedures for use/disbursement; formulate and supervise programs for qualified beneficiaries; and monitor through Regional Offices the status of child labor cases that may involve award of fines under Republic Act No. 9231 (Section 26(a)-(c)).

Complaints, prosecutors, and effects on rules/contracts

Complaints on violations under Republic Act No. 9231 and these Rules that fall under regular courts must be filed by persons identified in Republic Act No. 9231 and in accordance with the Rules of Court (Section 27).
The Department’s investigation report on violations that may constitute a criminal offense under Republic Act No. 9231, together with relevant documents and evidence, is immediately forwarded to the appropriate provincial or city prosecutor for determination of filing of the proper criminal charge (Section 28).
These Rules supersede Department Order No. 18, series of 1994 and modify inconsistent DOLE issuances (Section 29).
These Rules do not impair contracts executed prior to their effectivity; general non-impairment of contracts rules apply (Section 30).