THIRTEENTH CONGRESS OF THE REPUBLIC] 
OF THE PHILIPPINES 
1 
E5 
HAY 31 P 2 m  
First Regular Session 
I 
S E N A % O ~ I  
l\ECEiVEO BY :---A- 
S.B. No.- 
Introduced by Senator Francis N. Pangilinan 
EXPLANATORY NOTE 
Article 130 of the Labor Code, as amended, provides for a prohibition on 
women to be employed or permitted or suffered to work during the night, 
especially from ten o'clock at night and six o'clock in the morning. This is in 
recognition of the danger to women imposed by street conditions at night. This 
general rule, however, is not without exceptions. Article 13 1 of the same Code 
enumerates these exceptions. 
The increase in the country's IT industry can be largely attributed to the 
boom in the call center business. The call center service has been dubbed as the 
Philippines' latest sunshine industry, expected to generate around 24,000 jobs in 
the next two years'. With the unemployment rate now at 11.3% as of January 
2005, the possible jobs that will be generated by these call centers will be a 
welcome solution to the increasing unemployment rate. 
Call centers are operating on a 24-hour service. Most of these centers 
work on several shifts to provide for the 24-hour call center service. This 
necessitates the employment of men and women even after late hours of the 
night to wee hours of the morning. 
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, exemptions from the 
night work prohibition for women under Article 13 1 of the Labor Code should 
be expanded. 
Hence, the approval of this bill is earnestly sought. 
c- c 
J 
Caff Centers - RPs Emerging Sunshine Industry. Romelda C. Ascurla, 
I '  - 
I 
countv.coWid3/cable passed.htm May 2.1. ~OO!;. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
First Regular Session 
I 
I 
nECEIVED BY : 
S.B. SEN953.a 
No. 
Introduced by Senator Francis N. Pangilinan 
AN ACT EXPANDING THE EXCEPTIONS FROM THE 
NIGHT WORK PROHIBITION OF WOMEN EMPLOYEES, 
THEREBY AMENDING ARTICLE 13 1 OF PRESIDENTIAL DECREE 
FOUR HUNDRED FORTYTWO (PD 4421, ASAMENDED, 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 13 1 of the Labor Code is hereby further amended to 
read as follows: 
Article 13 1 .  Exceptions. - The prohibitions prescribed by the preceding 
Article shall not apply in any of the following cases: 
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; 
In case of urgent work to be performed on machineries, equipment 
or installation, to avoid serious loss which the employer would 
otherwise suffer; 
Where the work is necessary to prevent serious loss of perishable 
goods; 
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; 
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; 
Where the women employees are immediate members of the family 
operating the establishment or undertaking; 
Where increasing demand for work provide equal opportunities to 
work at night; and 
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 
unconstltutlonal. che same shall not affect the valldity and effectlvity 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,