Republic of the Philippines
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

THIRTEENTH CONGRESS
First Regular Session

House Bill No._ 3.792
EXPLANATORY NOTE

Section 14, Article Il of the 1987 Constitution provides that “The State recognizes
the role of women in the 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.

‘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 given the importance of 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.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

THIRTEENTH CONGRESS
First Regular Session

House Bill No._ 3792

¢
Introduced by HON. MAURICIO G. DOMOGAN

AN ACT EXPANDING THE EXCEPTIONS FROM THE
NIGHT WORK PROHIBITION OF WOMEN EMPLOYEES,

THEREBY AMENDING ARTICLE 131 OF PRESIDENTIAL DECREE
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)

(b)

()

(a)

(e)

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;

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;

(@) 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.

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,