You are on page 1of 8

Art.

139 of the Labor Code has been superseded by RA 7610 which states that children below 15years of age shall not be employed, except: 1. when the childs employment or participation in public entertainment or information through cinema, theater, radio or TV is essential, provided that the employment contract if concluded by the childs parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the DOLE; and provided, that the following requirements are strictly complied with:
a) the employer shall ensure the protection, health, safety and morals of the child; b) the employer shall institute measures to prevent the childs exploitation or discrimination taking into account the system and level of remuneration and the duration and arrangement of working time; c) the employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child.
NOTE: the employer shall first secure, before engaging such child a work permit from the DOLE which shall ensure the observance of the above requirements.

The rest of Art. 139 remains unaffected by RA 7610 and RA 7658. ( b) any person between 15 and 18 years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations. (e) the foregoing provision shall in no case allow the employment of a person below 18 years of age in an undertaking which is hazardous or deleterious in nature as determined by the Sec. of Labor and Employment.

RA 7610.
This law prohibits the employment of child models in all commercials or ads promoting alcoholic beverages, intoxicating drinks, tobacco and its products and violence. This law also requires the employers of minor workers to submit periodic reports in compliance with the Child and Youth Welfare Code.

P.D. 7658 / Dept. Order No. 18


The rules requires a written Work Permit as a preemployment requirement. The same can be issued only by the Regional Office of the Dept. of Labor and Employment, upon submission of various documents like birth certificate, certificate of enrollment, medical certificate, etc. The DOLE reserves the power to strictly regulate the minor workers hours of work.

P.D. 603 The Child and Youth Welfare Code describes the criminal liability of parents for acts of neglect, abuse, cruelty or exploitation and other conditions prejudicial to the childs development; duty of employers to submit report, of all children employed by him, to the DOLE and to keep a register of said working children; and points the procedure for custody proceedings over children. P.D. 603 is still a good law today, particularly the following provisions thereof: Right of self-organization and Freedom to Bargain Collectively; Conditions of Employment for Working children; Educational Assistance for Working Children Government Training and Other Programs for Working Children; Tripartite Research Projects for the Welfare of Working Children

RA 7623 This law provides for employment to the poor but deserving students, between the ages of 15 to 25, paying them salary not lower than the minimum wage. The term POOR BUT DESERVING STUDENTS refers to those whose parents combined incomes do not exceed P36,000 per annum. Under this law, the student gets 100% of the minimum wage, unlike the APPRENTICE and the LEARNER who only gets 75%. The employer of the poor but deserving students, under the law pays 60% of the Minimum wage. The 40% shall be paid by the government in the form of vouchers for tuition fees and books. These vouchers are non-transferable by contractual stipulation or hereditary succession.

The RPC The Penal Code penalizes by imprisonment and Fine any of the following: Any person who shall cause any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical strength or contortion. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer, circus manager or engaged in similar calling, shall employ in exhibitions of these kinds, children under 16 years who are not his children or descendants. Any person engaged in any of the calling enumerated in the next preceding paragraph who shall employ any descendant of his under 12 years of age in such dangerous exhibitions.

Any ascendant, guardian or teacher or person entrusted in any capacity with the care of a child under 16 years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof or to any habitual vagrant or beggar.
Any person who shall induce any child under 16 years of age to abandon the home of his ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof or to accompany any habitual vagrant or beggar.