FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session, 
) 
'11 
FEB 15P5 :33 
SENATE 
COMMITTEE REPORT NO, 
Submitted by the Committees on Labor, Employment and Human Resources 
FEB 1 5 2011 
Development on 
, 
Re: Senate Bill No,2701 
Recommending its approval in substitution of Senate Bill Nos, 859 and 2175, 
Sponsor: Senator Ejercito Estrada 
MR. PRESIDENT: 
The Committee 
on 
Labor, 
Employment, 
and 
Human 
Resources 
Development to which was referred Senate Bill No. 859, introduced by Senator 
Ejercito Estrada, entitled: 
"AN ACT 
EXPANDING 
THE 
EXCEPTIONS 
FROM 
THE 
NIGHTWORK PROHIBITION OF WOMEN EMPLOYEES, 
THEREBY AMENDING ARTICLE 131 OF PRESIDENTIAL 
DECREE NUMBER FOUR HUNDRED FORTY TWO (PO) 
442), AS AMENDED, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES" 
and Senate Bill No. 2175, introduced by Senator Pangilinan, entitled: 
"AN ACT 
EXPANDING 
THE 
EXCEPTIONS 
FROM 
THE 
NIGHTWORK PROHIBITION OF WOMEN EMPLOYEES, 
THEREBY AMENDING ARTICLE 131 OF PRESIDENTIAL 
DECREE NUMBER FOUR HUNDRED FORTY TWO (PO) 
442), AS AMENDED, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES" 


have considered the same and have the honor to report it back to the Senate 
with the recommendation that Senate Bill No.2 7 0 1 prepared by the 
Committee, entitled: 
"AN ACT 
EXPANDING 
THE 
EXCEPTIONS 
FROM 
THE 
NIGHTWORK PROHIBITION OF WOMEN EMPLOYEES, 
THEREBY AMENDING ARTICLES 130 AND 131 OF 
PRESIDENTIAL DECREE NUMBER FOUR HUNDRED 
FORTY TWO (PD) 442), AS AMENDED, OTHERWISE 
KNOWN AS THE LABOR CODE OF THE PHILIPPINES" 
be approved in substitution of Senate Bill Nos. 859 and 2175 with Senators 
Ejercito Estrada and Pang iii nan as authors thereof. 


;. 
Respectfully submitte(j: 
Chairman 
ployment and Human Resources Development 
President Pro-Tempore 
LOREN B. LEGARDA 
FRANCIS N. PAD 
RAMON "BONG" REVILLA JR. 
MA~:' LAP~ 
PIA s. CAYETANO 
EX-OFFICIO MEMBERS: 
TER "Compafiero" S. CAYETANO 
Minority Leader 
Hon. JUAN PONCE ENRILE 
President 
Senate of the Philippines 
Pasay City 
RALPH G. RECTO 
)JJVIW\./. 0-, £ 
ENTE C. S 
Majority Leader 
.... 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 2701 
) 
) 
) 
jP tl1/itL' 
" 
t~{flri'. of t~e.~~r-([d~rl! 
"11 
FEB 15 P 5 :33 
Prepared by the Committee on Labor, Employment and Human Resources 
Development with Senators Ejercito Estrada and Pangilinan as authors 
AN ACT 
EXPANDING THE EXCEPTIONS FROM THE NIGHTWORK PROHIBITION 
OF WOMEN EMPLOYEES, THEREBY AMENDING ARTICLES 130 AND 
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: 
1 
SECTION 1. Article 130 of the Labor Code is hereby further amended 
2 
to read as follows: 
3 
Article 
130. 
Nightwork prohibition. 
-No woman, 
4 
regardless of age shall be employed or [permitted to suffered to] 
5 
work [with or without compensation, (a) in any industrial 
6 
undertaking or branch thereof,] AT NIGHT DURING A PERIOD 
7 
OF AT LEAST ELEVEN CONSECUTIVE HOURS, INCLUDING 
8 
THE INTERVAL between ten o'clock [at night] IN THE 
9 
EVENING and six o'clock in the morning [of the following day]: 
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(A) IN ANY INDUSTRIAL UNDERTAKING, OR IN ANY 
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BRANCH THEREOF, OTHER THAN AN UNDERTAKING IN 
1 


WHICH ONLY MEMBERS OF THE SAME FAMILY ARE 
2 
EMPLOYED. 
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(8) 
THE 
TERM 
'INDUSTRIAL 
UNDERTAKINGS' 
4 
REFER TO: 
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(1) MINES, QUARRIES, AND OTHER WORKS 
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FOR THE EXTRACTION OF MINERALS FROM THE 
7 
EARTH; 
8 
(2) UNDERTAKINGS IN WHICH ARTICLES ARE 
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MANUFACTURES, ALTERED, CLEANED, REPAIRED, 
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ORNAMENTED, FINISHED, ADAPTED FOR SALE, 
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BROKEN UP OR DEMOLISHED, OR IN WHICH 
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MATERIALS ARE TRANSFORMED; 
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(3) 
UNDERTAKINGS 
ENGAGED 
IN 
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SHIPBUILDING 
OR 
IN 
THE 
GENERATION, 
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TRANSFORMATION 
OR 
TRANSMISSION 
OF 
16 
ELECTRICITY OR MOTIVE POWER OF ANY KIND; 
17 
(4) UNDERTAKING ENGAGED IN BUILDING AN 
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CIVIL 
ENGINEERING 
WORK, 
INCLUDING 
19 
CONSTRUCTIONAL 
REPAIR, 
MAINTENANCE, 
20 
ALTERATION AND DEMOLITION WORK. 
21 
[(b) In any commercial or non-industrial undertaking or 
22 
branch thereof, other than agricultural, between midnight 
23 
and six o'clock in the morning of. the following day; or 
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(c) In any agricultural undertaking at nighttime unless she 
is given a period of rest of not less than nine (9) 
consecutive hours.] 
SEC. 2. 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 disasters or 
calamity, to prevent loss of life· or property, in cases of 
force majeure or imminent dang~r 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; AND 
[(e) Where the nature of the work requires manual 
skill and dexterity of women workers and the same 
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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; and] 
(E) 
WHERE 
INCREASING 
DEMAND 
FOR 
WORK PROVIDE EQUAL OPPORTUNITIES TO WORK 
AT NIGHT. 
[(g) Under analogous cases exempted by the 
Secretary of Labor and Employment in appropriate 
regulations.] 
THE 
EMPLOYERS 
SHALL 
PROVIDE 
AN 
13 
ENABLING WORKING ENVIRONMENT WHEREBY 
14 
BOTH WOMEN AND MEN WILL BE ABLE TO 
15 
PERFORM 
THEIR 
WORK 
CONFIDENTLY, 
16 
EFFICIENTLY, AND EFFECTIVELY, WITHOUT FEAR 
17 
OF DANGER OR VIOLENCE IN RELATION WITH 
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WORKING AT NIGHT. 
19 
SEC. 3. Separability Clause - if any portion of this Act is declared 
20 
unconstitutional, the same shall not affect the validity and effectivity of the 
21 
other provisions not affected thereby. 
22 
SEC. 4. Repealing Clause - Alilaws,'acts, decrees, executive orders, 
23 
rules and regulations or other issuances or parts thereof, which are 
24 
inconsistent with this Act, are hereby modified and repealed. 
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SEC. 5. Effectivity Clause - This Act shall takeceffect after fifteen (15) 
2 
days following its publication in two (2) national newspapers of general 
3 
circulation. 
4 
Approved, 
5