Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

¢ 6
H. B. No.

is

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Section 14, Article I 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 the 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, where women employees are allowed to

work during nighttime, the Secretary of Labor is allowed in analogous cases, to exempt women
from the said provision.

There has been a demand for exemption on the night work prohibition for women
employees, especially on the call center industry. In granting exemption, the Department of
Labor and Employment (DOLE) considered the changes brought about by the increasing
demands of globalization, liberalization, advanced information and communication technology,
and the Constitutional mandate for the equal rights to employment opportunities against
employment discrimination

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, and their role in nation-building, exemptions from the night
‘work prohibition for women under Article 131 of the labor Code should be expanded

For the forgoing reasons, the passage of this bill is earnestly sought.

Ly
JUAN EDGARDO “SONNY” M. ANGARA
Representative
Lone District, Province of Aurora



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

652
H.B.No.__

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
RATIONALIZING THE NIGHTWORK PROHIBITION ON WOMEN WORKERS,
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 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 further 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, [, with or without compensation:

(a) In any industrial undertaking or branch thereof] between ten o'clock at night
and six o'clock in the morning of the following dayf; or

(b) In any commercial or non-industrial undertaking or branch thereof, other
than agricultural, between midnight and six o' clock in the morning the following
day; or

(©) In any agricultural undertaking at nighttime unless she is given a period of
rest of not less than nine (9) consecutive hours] 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 FROM 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;


(C) 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 NIGHTWORK 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 Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, is hereby further 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 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 woman employee holds a responsible position of managerial or
technical nature, or where the woman employee has been engaged to provide
health and welfare services;

“(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;

“() Where the women employees are immediate members of the family
‘operating the establishment or undertaking; and

“(g) Under other analogous cases exempted by the Secretary of Labor and

Employment in appropriate regulations}.”

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 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,