The Labor Code of the Philippines under the provision on minimum employable

age prohibits a child below fifteen (15) years of age to be employed, except when he
works directly under the sole responsibility of his parents or guardian, and his
employment does not in any way interfere with his schooling. But any person between
fifteen (15) and eighteen (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. The foregoing provisions shall in no case allow the
employment of a person below eighteen (18) years of age in an undertaking which is
hazardous or deleterious in nature as determined by the Secretary of Labor and
Employment.1

Accordingly, Section 3, paragraph 2 of Republic Act No. 9231 (An Act Providing
for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection
for the Working Child, Amending for This Purpose Republic Act No. 7610, as Amended,
Otherwise Known as the “Special Protection of Children from Child Abuse, Exploitation
and Discrimination Act”) provides, thus:

“A child fifteen (15) years of age but below eighteen (18)

shall not be allowed to work for more than eight (8) hours a
day, and in no case beyond forty (40) hours a week”

In reiteration of RA 7610 as amended by RA 7658, RA 9231 requires the issuance

of a work permit prior to the employment of children below 15 years of age, as allowed
in exceptional situations,2 hence:

“In the above-exceptional cases where any such child may be

employed, the employer shall first secure, before engaging
such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above
requirements.”

This law, however, is silent with regard to the issuance of a permit or a certificate
to those who are 15 but below 18 years of age, although these young persons are still
considered children,3 hence:

“For purpose of this Article, the term “child” shall apply to all
persons under eighteen (18) years of age.”4

1
Labor Code of the Philippines
2
Department Advisory No. 01-08
3
Ibid.
4
RA 9231
 In compliment with the above-cited provision, Department Order No. 65-04
(Rules and Regulations Implementing Republic Act No. 9231, Amending R.A. 7610, as
Amended) also pronounces in this wise:

“SECTION 3. Definition of Terms – As used in these Rules, the

term: (a) “Child” refers to any person under 18 years of age.”

In view of the foregoing, it is most safe for a minor aged 15 but below 18 to
secure a working permit whose employment is under consideration. A Working Child
Permit (WCP) is the permit secured by the employer, parent or guardian from the
Department of Labor and Employment at its field office having jurisdiction over the
workplace of the child at least three days prior to the shooting, taping, and event for
any child below 15 years of age in any work allowed under Republic Act No. 92315.

Requirements should also include the contract stating the employer’s

compliance to child protection laws.

The following are the Documentary Requirements6 for permit application:

1. Notarized and duly accomplished WCP Application Form

2. Proof of schooling (any of the following)
- Certificate of Enrollment
- Current School ID
- Certified True Copy of Current Report Card
3. If the child is not enrolled, Notarized Affidavit that the child shall be enrolled in
the next school year
4. Authenticated copy of the child’s Birth Certificate or Certificate of Late
Registration of Birth issued by the Philippine Statistics Authority or city/municipal
registrar
5. Medical Certificate issued by a licensed physician showing the physician’s full
name, signature and license number (valid within 1 month from date of issuance)
6. Two (2) passport size photographs of the child
7. Any valid government issued ID of parent/guardian
8. When the employer is the parent, guardian, or a family member other than the
parent of the child
- For legal guardian – Authenticated proof of legal guardianship
- For family member – Proof of relationship to the child

5
Department Order 65-04, Sec. 8
6
Department Order 65-04, Sec. 9
9. When the employer is in public entertainment or information
- Certified true copy of the employer’s business permit or Mayor’s Permit
- Notarized Employment Contract between the employer and the child’s parents
or guardian
10. Application fee (Php 100.00)