THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
.. 
S E N A T E  
2 
S. No. 
INTRODUCED BY THE HONORABLE MAR R O U S  
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 corresponding safeguards to 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 decisions of the Supreme Court on fixed or term 
employment. 
The Philippines i s  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 :competitiv,e./ad$antage of 
Filipinos over 'other Asian countries'in .this field, the,,gdvernment has identified~six (6) 
niches for promotion in the over-all development framework for information and 
communication technology and the ICT-enabled services sector: contact center, 
business processing outsourcing (BPO), software development, animation/computer 
graphics, medical or legal transcriptionist, and engineering design. Major global call 
centers have been established in the Philippines. Starting from 1,000 seats and 1,600 
employees and US$ 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 i s  hiring 3,000 customer 
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% 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 technology 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 th,e rights of workers to 
humane working conditions are protected. 
The International Labor Organization (ILO) Convention No. 
89 i s  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 is 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 nations 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 Protocol 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 frinse benefits that i s  offered by these industries to 
night workers. But to alleviate the rigors of night work, and in view of i t s  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. 


P
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I 
1’ 
S E N A  
S. No. 
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 of Representatives 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 
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. 
THE NORMAL HOURS OF WORK IN A WEEK EXCEED FORTY-EIGHT (48) 
Section 2. Art. 87 of PD No. 442, as amended, i s  hereby amended-to read as 
follows: 
“Art. 87. Overtime work- 
Work may be performed beyond [eight hours a day] THE 
NORMAL HOURS . OF 
“ , ,  WORK provided that the employee is paid for 
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.” 
Section 3. Title 111 Working Conditions for Special Groups of Employees, Chapter 
I, Employment of Women, Art. 131 of PD No. 442, as-amended, i s  hereby amended to 
read as follows: 
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“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 i s  necessary to prevent serious loss of 
(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; 
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(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 
family 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 I O  O'CLOCK IN THE 
EVENING TO 6 O'CLOCK IN THE MORNING IN THE PHILIPPINES; 
PROVIDED, THAT THE ESTABLISHMENT SHALL STRICTLY COMPLY WITH 
PROVIDED 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. 
THE REQUIREMENTS PROVIDED IN SECTION 132-A OF THIS CODE; 
AS USED IN THIS SECTION, A NIGHT WORKER SHALL MEAN A 
WORKER WHOSE REGULAR HOURS OF WORK INCLUDE THE HOURS 
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 in appropriate regulation. 
Section 4. Facilities for Nightshift Workers. A new article to be known as 
ARTICLE 132-A i s  hereby inserted after Article 132 of, PD No. 442, as amended, which 
shall read as follows: 
ARTICLE I X-A. FACILITIES FOR NIGHT WORKERS. THE SECRETARY OF 
LABOR AND EMPLOYMENT SHALL ESTABLISH STANDARDS THAT WILL ENSURE 
THE SAFETY AND HEALTH OF NIGHT WORKERS. IN APPROPRIATE CASES, HE 
SHALL, BY REGULATIONS, REQUIRE ANY EMPLOYER TO: 
(A) LIMIT THE WORK HOURS OF NIGHT WORKERS TO EIGHT (8) 
HOURS FOR EVERY TWENTY-FOUR (24) HOUR PERIOD AND FORTY (40) 
HOURS WITHIN A SEVEN (7)- DAY PERIOD; 
(B) CHANGE THE SHIFTS OF NIGHT WORKERS FOR EVERY 
THIRTY- (30) DAY PERIOD; 


(C) ACCORD EQUAL TREATMENT TO BOTH MALE AND FEMALE 
WORKERS IN THE ASSIGNMENT OF NIGHT SHIFTS; 
(D) PROVIDE SEPARATE SLEEPING QUARTERS AND LAVATORIES 
FOR MALE AND FEMALE NIGHT WORKERS; 
(E) PROVIDE FREE TRANSPORTATION SERVICES FOR NIGHT 
WORKERS FROM THEIR WORK SITE TO AREAS WHERE PUBLIC 
TRANSPORTATION'IS READILY AVAILABLE; 
(F) PROVIDE SECURE, WELL-LIT AND WELL-VENTILATED WORK 
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(G) PROVIDE FREE PERIODIC MEDICAL CHECK-UPS FOR NIGHT 
WORKERS TO DETERMINE FITNESS FOR NIGHT WORK; 
(H) STRICTLY COMPLY WITH ARTICLE 86 OF THE LABOR CODE. 
Section 5. Article 280 of PD No. 442, as amended, i s  hereby amended to read as 
"Art. 280. Regular and Casual Employment - 
follows: 
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 perform'ed is, seasonal in nature and the 
employment i s  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." 
Section 6. Separability 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. 
Section 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, amended or modified accordingly. 
i t s  publication in at least two (2) newspapers of general circulation. 
Section 8. Effectivity Clause - This Act shall take effect fifteen (15) days after 
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Approved.'. "'I