Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session

House Bill No. _ 3851

introduced by

HON. LEOVIGILDO B. BANAAG (1* District, Agusan del Norte)

EXPLANATORY NOTE

Section 14, Article 1! of the 1987 Constitution provides that “The State
recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men’.

Under Article 130 of the Labor Code, as amended, night work for
women employees is generally prohibited in industrial and commercial
undertakings. This general rule, however, admits of exceptions as provided
for under Article 131, where women employees are allowed to work during
nighttime, the Secretary of Labor is allowed, in analogous cases, to exempt
women from the said provision.

There has been a demand for exemption on the night work prohibition
for women employees, especially on the call center industry. In granting
exemption, the Department of Labor and Employment (DOLE) considered the
changes brought about by the increasing demands of globalization,
liberalization, advanced information and communication technology, and the
Constitutional mandate for the equal rights to employment opportunities
against employment discrimination.

In view of the foregoing, and given the importance the Constitutional
mandate for providing equal opportunities to all, which will increase women
participation in work and enhance employment generation, and their role in
nation building, exemptions from the night work prohibition for women under
Article 131 of the Labor Code should be expand

The approval of this bill is earnestly

aur”


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session
3851

House Bill No.

Introduced by

HON. LEOVIGILDO B. BANAAG (1* District, Agusan del Norte)

AN ACT
EXPANDING THE EXCEPTIONS FROM THE NIGHT WORK PROHIBITION
OF WOMEN EMPLOYEES, THEREBY AMENDING ARTICLE 131 OF
PRESIDENTIAL DECREE NUMBER FOUR HUNDRED AND FORTY TWO
(PD 442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE
OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives in
Congress assembled:

SECTION 1. Article 131 of the Labor Code is hereby amended to read
as follows:

Art. 131. Exceptions — The prohibitions prescribed by the preceding
Article shall not apply in any of the following cases:

a) In cases of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other disasters
or calamity, to prevent loss of life or property, in cases of force majeure
or imminent danger to public safety;

b)

In case of urgent work to be performed on machineries, equipment or
installation, to avoid serious loss which the employer would otherwise
suffer;

c) Where the work is necessary to prevent serious loss of perishable
goods;

d)

Where the women employee holds a responsible position of
managerial or technical nature, or where the woman employee has
been engaged to provide health and welfare service;


e) Where the nature of the work requires manual skill and dexterity of
women workers and the same cannot be performed with equal
efficiency by male workers,

f) Where the women employees are immediate members of the family
operating the establishment or undertaking;

9) Where increasing demands for work provide equal opportunities to
work at night; and

h)

Under analogous cases exempted by the Secretary of Labor and
Employment in appropriate regulations.

SECTION 2. Separability Clause. If any portion of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions not affected thereby.

SECTION 3. Repealing Clause. All other provisions, law, decrees,
executive orders, rules and regulations, or parts thereof contrary to, or
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 4. Effectivity Clause. This Act shall take effect upon its
approval and publication in at least two (2) national newspapers of general
circulation.

Approved,