Labor Code · Working Conditions for Special Groups · Chapter II – Employment of Minors

Article 137

Minimum Employable Age

Formerly Article 139 before the 2015 renumbering — court decisions before 2015 cite it this way.

Amended
By RA 7610 (1992), RA 7658 (1994), RA 9231 (2003), RA 10911 (2016)

(a) No child below fifteen (15) years of age shall 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.

(b) 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.

(c) 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.

Editor’s notes from DOLE (2)

Sec. 3, Rule XII, Book III of the Omnibus Rules Implementing the Labor Code provides: “Section 3. Eligibility for employment. — Any person of either sex, between 15 and 18 years of age, may be employed in any non-hazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age.” Reference can be made to Sec. 12 of R.A. No. 7610 (1992), “Special Protection of Children Against Abuse, Exploitation and Discrimination Act," as amended by R.A. No. 7658 (1994) and R.A. No. 9231 (2003), which provides: Sec. 12. Employment of Children. - Children below fifteen (15) years of age shall not be employed except: 1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or 2) Where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, further, That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection, health, safety, morals and normal development of the child; (b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and (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. 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. For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age. R.A. No. 7658 also added the following new sections to R.A. No. 7610: Sec. 12-A (Hours of Work of a Working Child); Sec. 12-B (Ownership, Usage and Administration of the Working Child's Income); Sec. 12-C (Trust Fund to Preserve Part of the Working Child's Income); and Sec. 12-D (Prohibition Against Worst Forms of Child Labor). See DOLE D.C. No. 2 (2017), as amended by D.C. No. 2 (2018), regarding the guidelines on the issuance of work permit for children below 15 years of age who are engaged in public entertainment or information. See also R.A. No. 10911 (2016) or the "Anti-Age Discrimination in Employment Act" and DOLE D.O. No. 170 (2017) for its specific regulations.

See also DOLE D.O. No. 149 (2016) and DOLE D.O. No. 149-A (2017).

Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.