FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 859 
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OH1CE OF wr SEcnETI4m' 
10 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 14, Article II of the 1987 Constitution provides that the ''The State 
recognizes the role of women in nation-building, and shall ensure the 
fundamental equality before the l;;tw 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 of the same Code. In addition to the six (6) exceptions specifically 
enumerated in Article 131, where women employees are allowed to work during 
night time, the Secretary of Labor is allowed, in analogous cases, to exempt 
women employees from the said provision. 
There has been a demand for exemption on the night work prohibition or 
women employees, especially in the call center industry. In granting exemption, 
the Department of Labor and Employment (DOLE) considered the changes 
brought about by the increasing demand for globalization, liberalization, 
advanced information and communication technology and the Constitutional 
mandate for the equal rights to employment opportunities and the right against 
employment discrimination. 
In view of the foregoing, and given the importance of the Constitutional 
mandate providing equal opportunities to all, which is to increase women 
participation in work and enhance employment generation, exemptions from the 
night work prohibition for women under Article 131 of the Labor Code should be 
expanded. Hence, the approval of this bill is earnestly sought. 
, 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIpPINES 
First Regular Session 
SENATE 
Senate Bill No. 859 
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u:r:;;fCf OF Tf'H,: ~ECtiETARY 
10 JUL-8 A837" 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
EXPANDING THE EXCEPTIONS FROM THE NIGHT WORK PROHIBITION OF 
WOMEN 
EMPLOYEES, 
THEREBY 
AMENDING 
ARTICLE 
131 
OF 
PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY TWO (PD 442), 
AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE 
PHILIPPINES 
' 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Article 131 of the Labor Code is hereby further amended to 
read as follows: 
Article 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 tlisasters 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 
woman 
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; 
• 
(g) 
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. 
SEC. 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. 
SEC. 3. Repealing Clause - All laws, acts, decrees, executive orders, 
rules and regulations or other issuances or parts thereof, which are inconsistent 
with this Act, are hereby modified and repealed. 
SEC. 4. Effectivity Clause - This Act shall take effect after fifteen (15) 
days following its publication in two (2) national newspapers of general 
circulation. 
Approved,