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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A 16-year-old high school student works after classes at his family’s small café as a cashier and helper, from 4:00 PM to 9:00 PM on weekdays and 9:00 AM to 1:00 PM on Saturdays. He performs non-hazardous tasks such as taking orders, tidying the seating area, restocking pastries, and assisting with simple cashier duties. He is supervised by a parent at all times and has medical clearance on file. The family business uses no hazardous equipment. The employer claims compliance with DOLE Department Advisory No. 01, s. 2008 and argues the arrangement is lawful. Which statement best describes the legal status of this arrangement under Philippine law?

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The arrangement is lawful only if the minor is at least 18 years old. The arrangement is lawful if the minor’s tasks are non-hazardous and supervised by a parent or guardian, but medical clearance is not required. The arrangement is lawful only to the extent it complies with the Labor Code’s minor-employment restrictions; DOLE Advisory No. 01, s. 2008 is an interpretive guideline and does not have the force of law, thus the arrangement must satisfy both the Labor Code and the safeguards in the advisory. The arrangement is unlawful because DOLE Advisory No. 01, s. 2008 cannot authorize minor employment in any setting, regardless of safeguards.

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