Prohibitions on Employing Children

PROHIBITION ON THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE

WHAT IS THE GENERAL RULE?

The general rule is that no child below fifteen (15) years of age shall be employed, permitted or suffered to work in any public or private establishment.

WHAT ARE THE EXCEPTIONS?

The following shall be the only exceptions to the prohibition on the employment of a child below fifteen (15) year of age:
  1. When the child works under the sole responsibility of his/her parents or guardian, provided that only members of the child’s family are employed.
  2. When the child’s employment or participation in public entertainment or information is essential, regardless of the extent of the child’s role.
WHAT ARE THE CONDITIONS TO THE PROHIBITION?

Such employment shall be strictly under the following conditions:
  1. The total number of hours worked shall be in accordance with Section 15 [Hours of Work of a Working Child] of the Rules;
  2. The employment does not endanger the child’s life, safety, health and morals, nor impair the child’s normal development ;
  3. The child is provided with at least the mandatory elementary or secondary education; and
  4. The employer secures a work permit for the child.
“Normal development of the child” refers to the physical, emotional, mental, and spiritual growth of a child within a safe and nurturing environment where he/she is given adequate nourishment, care and protection and the opportunity to perform tasks appropriate at each stage of development.

PROHIBITION OF EMPLOYING MINORS IN CERTAIN UNDERTAKINGS AND ADVERTISEMENTS

No child below eighteen (18) years of age is allowed to be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography.