Minors in docu films need no work permits

Children who will be featured in public entertainment or information related documentary materials need not secure work permits, according to a new rule of the Department of Labor and Employment (Dole).

Labor Secretary Silvestre Bello III issued Department Circular No. 2 series of 2018, amending the coverage and requirements for the issuance of a working child permit.

Under the new rule, a working child permit is no longer required for young talents who will be featured in documentary materials.

However, in case the child in the documentary material is engaged in child labor, the rule requires the producer to refer the child to the nearest Dole office for the necessary services needed by the child and family.

Proof of parental authority

The producer is also enjoined not to disclose the identity of the child laborer including his or her photographs, images or video footage for the best interest of the minor.

The new rule also requires that before a work permit is issued, the guardian is obliged to submit proof of parental authority.

This includes proof of relationship to the child and a notarized affidavit explaining the reason for exercising parental authority over the child.

The rule also provides that substitution of child’s guardian in terms of parental authority must only be applied in case of death, absence or unsuitability of both parents and a legal guardian of the child.

Under Article 216 of the Family Code, the child’s surviving grandparent; oldest brother, sister or actual custodian over 21 years of age, unless unfit or disqualified, will be the order of preference on substitute parental authority.

In November last year, Bello issued Department Circular No. 2 that sets a new guideline on the issuance of work permit for
minors engaged in public entertainment or information related projects.