DOLE clarifies work permit issues for minors

MANILA, Philippines - Following questions from concerned employers, the Labor Department issued Tuesday a labor advisory to clarify the issuance of work certificates and permits to young workers aged 15 to 18. Acting Labor Secretary Arturo Sodusta said Department Advisory 01-08 was issued in response to queries from concerned employers and workers regarding work certificates and permits for young persons. "The Advisory clarifies that the issuance of a DOLE certificate to youth aged 15 to below 18 years prior to employment is not required by law," Sodusta said. He added no employer shall deny opportunity to any such youth applying for employment merely on the basis of lack of a DOLE work permit or certificate of eligibility for employment. Also, he said any young person 15 to below 18 years of age might present a copy of this DOLE Advisory to any employer, job provider, government authority or his/her representative when seeking employment or anytime during employment. Sodusta said the policies stated in the advisory were pursuant to the provisions of the Labor Code of the Philippines and Republic Act 9231, an Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Special Protection for the Working Child. He added this is consistent with Department Order No. 65-04 (Rules and Regulations Implementing R.A. 9231 Amending R.A. No. 7610, as amended). Sodusta said the advisory reiterates that employment of young persons 15 to below 18 years of age may be allowed subject to the conditions and prohibitions in R.A. 9231 and the Labor Code. R.A. 9231 allows a working child up to eight hours a day, and in no case beyond 40 hours a week. "(The law states that) no child 15 years of age but below 18 shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day," he added. He added that R.A. 9231 requires the issuance of a work permit prior to the employment of children below 15 years of age, as allowed in exceptional situations. But he said this law is silent with regard to the issuance of a permit or certificate to those who are 15 but below 18 years of age, although these young persons are still considered children. Sodusta said that as for Department Order No. 65-04, this clarifies the prohibitions, which include: * The employment of children in the worst forms of child labor in any public or private establishments; and * The employment of children in advertisements directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography. As for conditions of employment of young persons, Sodusta said existing laws state that every child shall have access to formal and non-formal education, including alternative learning systems. Thus, where young persons 15 to below 18 years of age is employed, the employer shall provide him or her with access to at least elementary or secondary education, including alternative learning systems. Also, the Advisory states that no employer shall hinder the young person's education and learning opportunities. It adds that the employer shall observe the prohibitions on employment of young persons, comply with the above conditions on nature of work, number of hours of work, time of work and meet the requirements on recruitment or hiring, legitimate contracting, general labor standards and social protection, among others. - GMANews.TV