Dear PAO,
My neighbor has a 14-year-old son, and she wants her minor son to work at a restaurant near our place while he is on school vacation. Is that possible and legal?
Julianna
Dear Julianna,
Please be informed of Section 1 of Republic Act (RA) 7658, otherwise known as “An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakes, Amending for this Purpose Section 12 Article VIII of RA 7610,” which states:
“SECTION 1. Section 12, Article VIII of R.A. No. 7610, otherwise known as the ‘Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,’ is hereby amended to read as follows:
“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 parents or legal guardian and where only members of the employer’s family are employed: Provided, however, That his employment neither endangers his life, safety, health and morals nor impairs his normal development; Provided, further, That the parent or legal guardian shall provide the said minor 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 or television is essential: Provided, 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: and Provided, 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.”
Based on the above-stated laws, children below 15 years of age shall not be employed, permitted or suffered to work in any public or private establishment in the country, except for the circumstances mentioned above.
To answer your question, since your neighbor’s son plans to work in a restaurant, work that is not listed above or does not qualify as an exception under the law is not allowed and is considered illegal.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
