FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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INTRODUCED BY THE HONOMLE 
MAR ROUS 
EXPLANATORY NOTE 
This bill seeks to amend three provisions of the Labor Code: a) hours of work- 
providing an alternative arrangement in the hours of work of an employee by allowing the 
adoption of a compressed workweek or other flexible time arrangement for businesses where 
such is necessary, with correspofiding safeguards t6 ensure the protection of workers; b) 
night work prohibition - recognizing and regulating the right of women to work in 24-hour 
business establishments; and c) fixed or term employment - incorporate jurisprudence in the 
relevant labor provisions on regular employment in view of the decision$ of the Supreme 
Court on fuced or term employment. 
The Philippines is fast becoming the country-of-choice for outsourced call center 
services, prompting the government to name it as one of our sunshine industries. These call 
centers provide support services to international clients whose business hours happen to be 
during the evenings in the Philippines. With the advances in information and 
communication technology and the competitive advantage of Filipinos over other Asian 
countries in this field, the government has identified six (6) niches for promotion in the 
over-all development framework for information and communication technology and the 
ICT-enabled services sector: contact center, business processing outsourcing (BPO), software 
development, animatiodcomputer graphics, medical or legal transcription, and engineering 
design. Major global call centers have been established in the Philippines. Starting from 
1,000 seats and 1,600 employees and US$24 million in the year 2000, the call Center industry 
has grown to 60,000 seats, employing 96,000 people, and with projected revenue of US$ 1 
billion in the year 2005. At the present rate, the call center industry is hiring 3,000 cmtomer 
service representatives and 300 supervisors monthly. The BPOs are likewise projected to 
expand their presence in the country. 
According to the Department of Labor and Employment, 70°/o of the employees of 
these call centers are women. Given the nature of the call center business where work 
patterns and schedules are directed by techology concerns, caller behavior, regulations in 
other countries, and other concerns, there is a need to adapt to the changing requirements of 
businesses while ensuring that the rights of workers to humane working conditions are 
protected. 
The International Labor Organization (ILO) Convention No. 89 is an international 
standard pertaining to night work for women. 
This was ratified by the Philippine 
government on December 29,1953. It prohibits employment of night work for women in 
any private or public industrial undertaking or in any branch thereof, except those in which 


only members of the ’same family are employed. The clear intention of the Convention was 
to prevent night work for women. Exceptions to this prohibition are those who hold 
positions of a managerial or technical nature, and women engaged in health and welfare 
services. This Convention was incorporated in our Labor Code through Articles 130-131. 
Over the years, however, most wtions who previously ratified this Convention have 
moved to repeal their laws on night work prohibition for women, rejecting said Convention. 
This Convention harbors the greatest number of denunciations, with many nations now 
viewing the Convention as discriminatory to women and an impediment to economic and 
social progress. The Convention was finally revised in June 26, 1990 by the General 
Conference of the International Labor Organization (ILO) when it adopted the Pi-otocol of 
1990 to the Night Work (Women) Convention (Revised), 1948. 
Due to the necessity of night work in certain industries, this bill seeks to expand the 
exemptions on night work prohibition to allow night work for women. Women should also 
be allowed to benefit from the security of tenure, monetary compensation, and provision of 
fringe benefits that is offered by these industries to night workers. But to alleviate the rigors 
of night work, and in view of its negative effects on the health, social and family life of 
workers, this bill aims to protect the welfare of both men and women whose hours of work 
are between 10 o’clock in the evening to 6 o’clock in the morning. 
In view of the foregoing, approval of this bill is earnestly sought. 


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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO. 442, OTHERWISE 
KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House OfRepresentatives in Congress assembled: 
SECTION 1. Art. 83 of PD No. 442, as amended, is hereby amended to read as follows: 
“Art. 83. NORMAL HOURS OF WORK- 
“The normal hours of work of any employee shall not exceed eight (8) 
hours a day, EXCEPT WHEN IN THE SOUND EXERCISE OF ITS 
DISCRETION, WITH DUE REGARD TO THE RIGHTS OF LABOR AND TO 
ADDRESS ITS BUSINESS REQUIREMENTS, THE EMPLOYER MAY ADOPT 
ALTERNATIVE ARRANGEMENTS; PROVIDED, THAT IN NO CASE SHALL 
THE NORMAL HOURS OF WORK IN A WEEK EXCEED FORTY-EIGHT 
(48) HOURS; AND PROVIDED FURTHER, THAT SUCH EMPLOYER MUST 
FIRST 
SEEK 
APPROVAL 
TO 
ADOPT 
SUCH 
ALTERNATIVE 
ARRANGEMENT 
FROM 
THE 
DEPARTMENT 
OF LABOR AND 
EMPLOYMENT (DOLE) TO ENSURE THAT THE EXERCISE OF SUCH 
DISCRETION IS WARRANTED.“ 
SEC. 2. Art. 87 of PD No. 442, as amended, is hereby amended to read as follows: 
“Art. 87. Overtime work- 
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“Work may be performed beyond [eight hours a day] THE 
NORMAL HOURS OF WORK provided that the employee is paid for 
the overtime work on additional compensation equivalent to his 
regular wage plus at least twenty-five percent (25%) thereof. Work 
performed beyond [eight hours a day] THE NORMAL HOURS OF 
WORK on a holiday or rest day shall be paid an additional 
compensation equivalent to the rate of the [first eight hours] NORMAL 
HOURS OF WORK OF AN EMPLOYEE on a holiday or rest day plus 
at least thirty percent (30%) thereof.” 
SEC. 3. 
Title I11 Working Conditions for Special Groups of Employees, Chapter I, 
Employment of Women, Art. 131 of PD No. 442, as amended, is hereby amended to read as 
follows: 
“Art. 131. Exceptions - 
“(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 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; 
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“(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 the 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 
famiIy operating the establishment or undertaking; 
“(G) WHERE THE ESTABLISHMENT WHICH EMPLOYS THE 
WOMEN WORKERS IS ENGAGED IN PROVIDING INFORMATION, 
OUTSOURCE, OR AUXILIARY SERVICES TO INTERNATIONAL CLIENTS 
WHOSE BUSINESS HOURS HAPPEN TO INCLUDE THE HOURS OF 10 
O’CLOCK IN THE EVENING TO 6 O’CLOCK IN THE MORNING IN THE 
PHILIPPINES: PROVIDED, THAT THE 
ESTABLISHMENT SHALL 
STRICTLY COMPLY WITH THE REQUIREMENTS PROVIDED IN 
SECTION 132-A OF THIS CODE; PROWDED FURTHER, THAT 
PREGNANT AND LACTATING WOMEN, THOSE BELOW 18 YEARS OF 
AGE, AND THOSE WHO ARE PHYSICALLY UNFIT FOR NIGHTSHIFT 
WORK SHALL BE PROHIBITED TO UNDERTAKE NIGHTSHIFT WORK 
AND PROVIDED FINALLY THAT A FEMALE NIGHT WORKER SHALL 
NOT BE DISMISSED OR GIVEN NOTICE OF DISMISSAL EXCEPT FOR 
JUSTIFIABLE REASONS NOT CONNECTED WITH HER PREGNANCY OR 
CHILDBIRTH.” 
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“AS USED IN THIS SECTION, A NIGHT WORKER SHALL MEAN A 
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WORKER WHOSE REGULAR HOURS OF WORK INCLUDE THE HOURS 
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in appropriate regulation.” 
FROM 10 O’CLOCK IN THE EVENING TO 6 O’CLOCK IN THE MORNING.” 
“(H) Under other analogous cases exempted by the Secretary of Labor 
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SEC 4. 
Facilities for Nightshift Workers. A new article to be known as ARTICLE 
132-A is hereby inserted after Article 132 of, PD No. 442, as amended, wliich shall read as 
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follows: 
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“ARTICLE 132-A. FACILITIES FOR MGHT WORKIRS. THE SECRETARY 
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OF LABOR AND EMPLOYMENT SHALL ESTABLISH STANDARDS THAT WILL 
ENSURE THE SAFETY AND HEALTH OF NIGHT WORKERS. IN APPROPRIATE 
CASES, HE SHALL, BY REGULATIONS, REQVTRE ANY EMPLOYER TO: 
“(A) LIMIT THE WORK HOURS OF NIGHT WORKERS TO EIGHT 
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(8) HOURS FOR EVERY TWENTY-FOUR (24) HOUR PERIOD AND FORTY 
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(40) HOURS WITHIN A SEVEN (7)- DAY PERIOD; 
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“(B) CHANGE THE SHIFTS OF NIGHT WORKERS FOR EVERY 
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THIRTY- (30) DAY PERIOD; 
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“(C) ACCORD EQUAL TREATMENT TO BOTH MALE AND FEMALE 
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WORKERS IN THE ASSIGNMENT OF NIGHT SHIFTS; 
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“(D) 
PROVIDE 
SEPARATE 
SLEEPING 
QUARTERS 
AND 
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LAVATORIES FOR MALE AND FEMALE NIGHT WORKERS; 
“(E) PROVIDE FREE TRANSPORTATION SERVICES FOR NIGHT 
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WORKERS FROM THEIR WORK SITE TO AREAS WHERE PUBLIC 
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TRANSPORTATION IS READILY AVAILABLE; 
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“(F) PROVIDE SECURE, WELL-LIT AND WELL-VENTILATED 
WORK PREMISES; 
“(G) PROVIDE FREE PERIODIC MEDICAL CHECK-UPS FOR NIGHT 
WORKERS TO DETERMINE FITNESS FOR NIGHT WORK; AND 
“(H) STRICTLY COMPLY WITH ARTICLE 86 OF THE LABOR 
CODE.” 
SEC. 5. Article 280 of PD No. 442, as amended, is hereby amended to read as folloys: 
“Art. 280. Regular and Casual Employment - 
“The provisions of written agreement to the contrary notwithstanding 
and regardless of the oral agreement of the parties, an employment shall be 
deemed to be regular where the employee has been engaged to perform 
activities which are usually necessary or desirable in the usual business or 
trade of the employer, except: 1) where the employment has been fixed for a 
specific project or undertaking the completion or termination of which has 
been determined at the time of the engagement of the employee, or 2) where 
the work or service to be performed is seasonal in nature and the employment 
is for the duration of the season, OR 3) WHERE THE EMPLOYMENT IS FOR 
A FIXED OR DEFINITE PERIOD ON WHICH BOTH THE EMPLOYER AND 
THE EMPLOYEE AGREE UPON KNOWINGLY AND VOLUNTARILY IN 
VIEW OF THE TEMPORARY NATURE OF THE TASK OR JOB.” 
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SEC. 6. 
SeparabiIity Clause - If any part or provision of this Act shall be held 
unconstitutional or invalid, other provisions hereof that are not affected thereby shall 
continue to be in full force and effect. 
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amended or modified accordingly. 
SEC. 7. Repealing Clause - All laws, presidential decrees, executive orders, rules and 
regulations, or parts thereof which are not consistent with this Act are hereby repealed, 
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SEC. 8. Effecriviy Clause - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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