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

Article 138

Prohibition Against Child Discrimination

Formerly Article 140 before the 2015 renumbering — court decisions before 2015 cite it this way.

Not amended

No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.

Editor’s notes from DOLE (1)

See also R.A. No. 10917 (2016), An Act Amending Certain Provisions of R.A. No. 9547 (2009) and R.A. No. 7323 (1992) or Special Program for Employment of Students (SPES), which provides that “any person or entity employing at least ten (10) persons may employ poor but deserving students, out-of-school youth (OSY) or dependents of displaced or would-be displaced workers due to business closures, or work stoppages, or natural calamities, intending to enroll in any secondary, tertiary or technical-vocational institutions, fifteen (15) years of age but not more than thirty (30) years old” during summer and/or Christmas vacations for those enrolled in the secondary level and at any time of the year for OSY and those enrolled in tertiary, vocational or technical education. For its specific regulations, refer to DOLE D.O. No. 175 (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.