DOLE: No need for work permits for 15- to 18-year-old workers

MANILA, Philippines - Working youths from 15 to 18 years can be employed without securing certification or work permits from the Department of Labor and Employment (DOLE). The clarification was made by acting Labor Secretary Arturo L. Sodusta who issued the advisory amid numerous queries received by the DOLE from concerned employers and workers regarding work certificates, permits and other pertinent issues regarding employment of young persons. “The issuance of a DOLE certificate to youth aged 15 to below 18 years prior to employment is not required by law," Sodusta said. Sodusta cited 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, Amending for this purpose R.A. 7610, as amended) and consistent with Department Order No. 65-04 (Rules and Regulations Implementing R.A. 9231 Amending R.A. No. 7610, as amended). The said law and order, he said, do not prohibit youths from working without the necessary employment permit from the agency. "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," he added. What is prohibited, Sodusta said is if the youths are required to work more than the mandated eight (8) hours a day, beyond forty (40) hours a week as well as working at night, since 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". R.A. 7610 as amended by R.A. 7658, 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. However, the 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. Aside from prohibition on longer hours work, Sodusta said the law prohibits 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. Likewise, the also mandates the employer to provide youths the formal and non-formal education, including alternative learning systems. “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," added Sodusta. - GMANews.TV