THIRTEENTH CONGRESS OF THE FU?PUE%LIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
5 AUG 31 P3:oI 
S. B. NO. 
E 
A ‘81 0 3 
RECEIVED ay: L - 
Introduced by Senator Miriam Defensor Santiago 
EWLANATORY NOTE 
Section 14, Article 11 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. Seven (7) exceptions to this rule 
are enumerated under Article 131 of the same Code, allowing them to work at night including 
situations where the Secretary of Labor is given discretion, in analogous cases, to exempt women 
employees from the said provision, thereby allowing them to work at night. 
Considering 1) the changes brought about by the increasing demands for globalization, 
liberalization, advanced information and communication technology; 2) the Constitutional 
-mandate for the equal rights to employment opportunities; and 3) the right against employment 
discrimination, an addition to the list of exceptions must be made to reflect these issues. 
Exemption on the night work prohibition for women employees, especially in the call center 
industry, must be addressed explicitly in Article 131. With the support of the Department of 
. 
Labor and Employment, this bill recognizes the employment opportunities this shift presents; 
thus it mandates the grant of this exemption. 
This bill will enhmce employment generation and increase women participation in work 
and their role in nation building. Exemptions from the night work prohibition for women under 
Article 131 of the Labor Code should be expanded. 
The urgent passage of this bill is thus recommended. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
5 AUG 31 123 :(I] 
OF THE PHILIPPINES ' 
1 
Second Regular Session 
) 
r 
0- 
SENATE 
RECEIVED By:. 
S.B.NO. 
3103 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
EXPANDING THE EXCEPTIONS FROM THE NIGHT WORK PROHIBITION OF WOMEN 
EMPLOYEES, THEREBY AMENDING ARTICLE 13 1 OF PRESIDENTIAL DECREE FOUR 
" D R E D  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 
Congvess 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 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; 
(g)WHERE INCREASING DEMANDS FOR WORK OR 
DEVELOPMENTS IN TRADE AND INDUSTRY PROVIDE EQUAL 
OPPORTUNITIES TO WORK AT NIGHT; AND 
(h) Under analogous cases exempted by the Secretary of Labor and 
Employment in appropriate regulations. 
SECTION2. 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 laws, acts, decrees, executive orders, rnles and 
regulations or other issuances or parts thereof, which are inconsistent with this Act, are hereby 
modified and repealed. 
SECTION 4. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
following its publication in two (2) national newspapers of general circulation. 
Approved, 
.