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Children below 18 years of age may be allowed to work subject to the following conditions:
a. Those from 16 to below 18 years of age are subject to Art. 139 (b), Labour Code (LC) as amended, and by Art. 107 of the Child and Youth Welfare Code (CYWC), that is, they may be employed for such number of hours and such periods of the day as determined by the Secretary of Labour and Employment in appropriate legislation.
b. Those from 15 to below 16 years of age are subject to Art. 107 of the CYWC and Art. 139 (b) of the LC, hence they may be employed to perform light work which is not harmful to their safety, health or normal development and which is not prejudicial to their studies (Art. 107, CYWC), for such number of hours and such periods of the day as determined by the Secretary of Labour and Employment in appropriate regulations [Art. 139 (b), LC].
c. Those who are below 15 are subject to Art. 139 (a) of the LC and Art. 107 of the CYWC, that is, they may be employed when they work directly under the sole responsibility of their parents or guardian and their employment does not in any way interfere with their schooling [Art. 139 (a), LC] and to perform light work which is not harmful to their safety, health or normal development and which is not prejudicial to their studies [Art. 107, CYWC].
Art. 139 (a) was amended by RA No. 7610 and which was later amended by RA No. 7658 which now provides that a child under this bracket may be employed when he 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.
d. All of the above, that is below 18 years are subject to Art. 139 (c) of the LC, hence, all of them may not be employed in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labour and Employment.
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