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THIRTEENTH CONGRESS OF 
1 
1 
First Regular Session 
) 
THE REPUBLIC OF THE PHILIPPINES 
S E N A T E  
Introduced by Senator JINGGOY'EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 14, Article I1 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. 
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 
nighttime, the Secretary of Labor is allowed, in analogous cases, to exempt 
women employees from the said provision. 
'i 
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 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 givensthe 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. 
Hence, the approval of this bill is earnestly sought. 
RADA 1 


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THIRTEENTH CONGRESS OF 
1 
) 
First Regula? Session 
) 
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1
 
, 4 / . ( ,  ,I : . i 4  
THE REPUBLIC OF THE PHILIPPINES 
S E N A T E  
S.B. No, .1Y58 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
EXPANDING THE EXCEPTIONS FROM THE NIGHT WORK 
PROHIBITION OF WOMEN EMPLOYEES, THEREBY AMENDING 
ARTICLE 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 the House of Representatives of the 
Philippines in Congress 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; 
In case of urgent work to be performed on machineries, equipment 
or installation, to avoid serious loss which the employer would 
otherwise suffer; 
(b) 
(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; 
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; 
(e) 


(f) 
Where the women employees are immediate members of the family 
operating the establishment OF undertaking; 
Where increasing demands for work provide equal opportunities to 
work at night; and 
(h) Under analogous cases exempted by the Secretary of Labor and 
Employment in appropriate regulations. 
(9) 
SEC. 2. 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. 
SEC. 3. Repealing Clause - All laws, acts, decrees, executive orders, rules 
and regulations or other issuances or parts thereof, which are inconsistent with 
this Act, are hereby modified and repealed. 
SEC. 4. Effectivity Clause - This Act shall take effect after fifteen (15) days 
following its publication in two (2) national newspapers of general circulation. 
Approved,