THIRTEENTH CONGRESS OF THE 
) 
) 
First Regular Session 
REPUBLIC OF THE PHILIPPINES ) 
5 
MAY ‘17 AI0 S6 
c 
S E N A T E  
Introduced by Senator Juan M. Flavier 
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 d e ,  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. 
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 giving importance to 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. 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
1 
First Regular Session 
.. 
Introduced by Senator Juan M. Flavier 
AN AC'I EXPANDING THE EXCEPTIONS FROM THE 
NIGHT WORK PROHlnlTlON OF WOMEN EMPLOYEES, 
THEREBY AMENDING ARTICLE 131 OF PRESlDENTIAL DECREE 
FOUR IIUNDKEL) FORTY TWO (1'1) 442), AS AMENDED, OTIIERWISI~ 
KNOWN AS THE LABOR CODE OF THE YHILII'PINES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 13 1 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) 
(d) 
Where the work is necessary to prevent serious loss of perishable goods; 
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; 
Where the women employees are immediate members of the family 
operating the establishment or undertaking; 
(e) 
(f) 
(g) Where increasing demands for work provide equal opportunities to work at 
(h) 
Under analogous cases exempted by the Secretary of Labor and 
night; and 
Employment in appropriate regulations. 
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,