Article 138Prohibition against Child Discrimination

No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age. Reference can be made to Sec. 12 of R.A. No. 7610 (1992), "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," as amended by R.A.

No. 7658(1994) and R.A. No. 9231 (2003), which provides: 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/her parents or legal guardian and where only member of his/her family are employed: Provided,however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development; Provided, further, That the parent or legal guardian shall provide the said 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, television or other forms of media is essential:Provided, That 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: Provided, further, 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.

In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age. R.A. No. 7658 also added the following new sections to R.A.

No. 7610: Sec. 12-A (Hours of Work of a Working Child), Sec. 12-B (Ownership, Usage and Administration of the Working Child's Income), Sec.

12-C (Trust Fund to Preserve Part of the Working Child's Income), and Sec. 12-D (Prohibition against Worst Forms of Child Labor). See also R.A. No. 7323 (1992) or Special Program for Employment of Students (SPES), as amended by R.A.

No. 9547 (2009) which seeks to help poor but deserving students pursue their education by encouraging their employment during summer and/or Christmas vacations. 22 of 159 CHAPTER III Employment of Househelpers98