FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

583

‘House Bill No.
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 2511 by the undersigned
Rufus B. Rodriguez during the Fourteenth Congress. It was approved by the
Committee on Labor and Employment as substitute House Bill No, 7021 under
Committee Report No. 2519, dated December 1, 2009. It was approved on 2
reading on February 1, 2010.

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 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 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 of
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.

RUFUS B. R¢ 'UEZ

Yi}

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES,

House Bill No. 589

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

AN ACT
RATIONALIZING THE NIGHTWORK PROHIBITION ON WOMEN
WORKERS THEREBY AMENDING ARTICLES 130 AND 131 OF
PRESIDENTIAL DECRE 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 130 of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines, is hereby amended to
read as follows:

“ART. 130. Nightwork Prohibition. - No woman, regardless of age,
shall be employed or permitted or suffered to work AT NIGHT DURING A
PERIOD OF AT LEAST ELEVEN (11) CONSECUTIVE HOURS, INCLUDING
AN INTERVAL FALLING between ten o'clock at night and six o'clock in the
morning of the following day, IN ANY INDUSTRIAL UNDERTAKING OR IN
ANY BRANCH THEREOF, OTHER THAN AN UNDERTAKING IN WHICH
ONLY MEMBERS OF THE SAME FAMILY ARE EMPLOYED.

“The Term “Industrial Undertaking” shall refer to the following:

A) Mines, Quarries, and other works for the extraction of minerals
form the earth;

B) Undertakings in which articles are manufactured, altered,
cleaned, repaired, ornamented, finished, adapted for sale,
broken up or demolished, or in which materials are transformed.

©) Undertakings engaged in shipbuilding or in the generation,
transformation or transmission of electricity or motive power of
any kind;


D) Undertakings engaged in building and civil engineering work,
including construction, repair, maintenance, alteration and
demolition work.

“Before introducing work schedules requiring the services of women
night workers, the employer shall consult the workers’ representatives on the
details of such schedules and the forms of organization of night work that are
best adapted to the establishment and its personnel as well as on the health
measures and social services which are required in establishments employing
women night workers, this consultation shall take place regularly.”

SEC. 2. 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, or in cases of force majure or
imminent danger to public safety;

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

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

(4) 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.

SEC. 3. Implementing Rules and Regulations. ~ Within thirty (30) days
from the effectivity of this Act, the Secretary of Labor and Employment shall
issue and publish the necessary rules and regulations to implement the
provisions of this Act.

SEC. 4. Separability Clause. ~ If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions hereof.

SEC. 5. Repealing Clause. — All laws, executive, executive orders,
Presidential decrees, presidential proclamations, rules and regulations or
Parts thereof inconsistent with the provisions of this Act are hereby repealed
or modified accordingly

SEC. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in a newspaper of
general circulation,

APPROVED,