Working Children

RA 9231 amended the provisions for working children in RA 7610. For purposes of RA 9231, the definition of a "child" is "all persons below 18." This is different from the definition in RA 7610, but RA 9231's definition of the child doesn't amend that of RA 7610. It merely determines the definition of a child for labor purposes.

In relation to the article on minors, children below 15 cannot be employed except in the following scenarios:

1.) If working directly under the sole responsibility of his/her parents/legal guardians and only where members of his/her family are employed. The child's employment must not endanger his/her life, safety, health and morals and must not impair his/her normal development. The parents and legal guardians must also provide him/her with the prescribed primary and/or secondary education.

2.) In case the child's employment is in showbiz (child actors,) the employment contract must be concluded by his parents/legal guardians with the child's express agreement (if possible) and approved by the DOLE. Compliance must be made with regard to the following:

a.) The employer shall ensure the child's protection, health, safety, morals and normal development.

b.) Measures must be taken by the employer to prevent the child's exploitation or discrimination, taking into account the system and level of remuneration as well as duration and arrangement of working time.

c.) The employer shall formulate and implement a continuing program for the child's training and skills acquisition. This is subject to approval and supervision by competent authorities.

d.) The employer must obtain a working permit for the child from the DOLE before engaging him/her.

Hours of Work

1.) Below 15

Not more than 20 hours a week, maximum of 4 hours a day. No work between 8PM to 6AM of the next day.

2.) 15-17 years old

Maximum of 40 hours a week, not more than 8 hours a day. No work between 10PM to 6AM of the next day.

The Child's Income

The child is the owner of his/her income and it must be set aside primarily for his education, skills acquisition and support. The needs of his/her family take secondary importance with regard to the child's income. 20% of the income may be set aside for the family's needs.

The child's income shall be administered by the parents, or by the parent who still holds parental authority if the other parent loses authority. In case both parents are absent or incapacitated, the order of preference on parental authority in the Family Code will apply.

A trust fund taken from 30% of the child's income is to be set aside by the parents/legal guardians if the income is at least Php200,000 a year, and they are required to make a semi-annual report to the DOLE for that purpose.

When the child reaches the age of majority, he/she will have full control of the trust fund.