REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGIIT
WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE
NUMBER FOUR HUNDRED FORTY-TWO, 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 Article 130 of the Labor Code is hereby repealed.cralawLibrary
Section 2. Article 131 of the Labor Code is hereby repealed.cralawLibrary
Section 3. The subsequent articles in Book
Three, Title III, Chapter I to Chapter IV of Presidential Decree No. 442
are hereby renumbered accordingly.cralawLibrary
Section 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to read as follows:chanroblesvirtuallawlibrary
"Chapter V
"Employment of Night Workers
"Article 154. Coverage. - This chapter'
shall apply to all persons, who shall be employed or permitted or
suffered to work at night, except those employed in agriculture, stock
raising, fishing, maritime transport and inland navigation, during a
period of not less than seven (7) consecutive hours, including the
interval from midnight to five o'clock in the morning, to be determined
by the Secretary of Labor and Employment, after consulting the workers'
representatives/labor organizations and employers.cralawLibrary
"'Night worker' means any employed person whose work
requires performance of a substantial number of hours of night work
which exceeds a specified limit. This limit shall be fixed by the
Secretary of Labor after consulting the workers' representatives/labor
organizations and employers."
"Article 155. Health Assessment. - At their
request, workers shall have the right to undergo a health assessment
without charge and to receive advice on how to reduce or avoid health
problems associated with their work:chanroblesvirtuallawlibrary
"(a) Before taking up an assignment as a night worker;cralaw
"(b) At regular intervals during such an assignment; and
"(c) If they experience health problems during such,
an assignment which are not caused by factors other than the performance
of night work.
"With the exception of a finding of unfitness for
night work, the findings of such assessments shall not be transmitted to
others without the workers' consent and shall not be used to their
detriment."
"Article 156. Mandatory Facilities. - Suitable
firstaid facilities shall be made available for workers performing
night work, including arrangements where such workers, where necessary,
can be taken immediately to a place for appropriate treatment. The
employers are likewise required to provide safe and healthful working
conditions and adequate or reasonable facilities such as sleeping or
resting quarters in the establishment and transportation from the work
premises to the nearest point of their residence subject to exceptions
and guidelines to be provided by the DOLE."
"Article 157. Transfer. - Night workers who
are certified as unfit for night work, due to health reasons, shall be
transferred, whenever practicable, to a similar job for which they are
fit to work.cralawLibrary
"If such transfer to a similar job is not
practicable, these workers shall be granted the same benefits as other
workers who are unable to work, or to secure employment during such
period.cralawLibrary
"A night worker certified as temporarily unfit for
night work shall be given the same protection against dismissal or
notice of dismissal as other workers who are prevented from working for
reasons of health."
"Article 158. Women Night Workers. - Measures
shall be taken to ensure that an alternative to night work is available
to women workers who would otherwise be called upon to perform such
work:chanroblesvirtuallawlibrary
"(a) Before and after childbirth, for a period of at
least sixteen (16) weeks, which shall be divided between the time before
and after childbirth;cralaw
"(b) For additional periods, in respect of winch a
medical certificate IS produced stating that said additional periods are
necessary for the health of the mother or child:chanroblesvirtuallawlibrary
"(1) During pregnancy;cralaw
"(2) During a specified time beyond the period, after
childbirth is fixed pursuant to subparagraph (a) above, the length of
which shall be determined by the DOLE after consulting the labor
organizations and employers.cralawLibrary
"During the periods referred to in this article:chanroblesvirtuallawlibrary
"(i) A woman worker shall not be dismissed or given
notice of dismissal, except for just or authorized causes provided for
in this Code that are not connected with pregnancy, childbirth and
childcare responsibilities.cralawLibrary
"(ii) A woman worker shall not lose the benefits
regarding her status, seniority, and access to promotion which may
attach to her regular night work position.cralawLibrary
"Pregnant women and nursing mothers may be allowed to
work .at night only if a competent physician, other than the company
physician, shall certify their fitness to render night work, and
specify, in the case of pregnant employees, the period of the pregnancy
that they can safely work.cralawLibrary
"The measures referred to in this article may include
transfer to day work where this is possible, the provision of social
security benefits or an extension of maternity leave.cralawLibrary
"The provisions of this article shall not leave the
effect of reducing the protection and benefits connected with maternity
leave under existing laws."
"Article 159. Compensation. The compensation
for night workers in the form of working time, pay or similar benefits
shall recognize the exceptional nature of night work."
"Article 160. Social Services. - Appropriate
social services shall be provided for night workers and, where
necessary, for workers performing night work."
"Article 161. Night Work Schedules. - Before
introducing work schedules requiring the services of night workers, the
employer shall consult the workers' representatives/labor organizations
concerned on the details of such schedules and the forms of organization
of night work that are best adapted to the establishment and its
personnel, as well as on the occupational health measures and social
services which are required. In establishments employing night workers,
consultation shall take place regularly."chanroblesvirtuallawlibrary
Section 5. The subsequent articles starting
from Book Four, Title I, Chapter I of Presidential Decree No. 442 are
hereby renumbered accordingly.cralawLibrary
Section 6. Application. - The measures
referred to in this chapter shall be applied not later than six (6)
months from the effectivity of this Act.cralawLibrary
Section 7. Guidelines. - The DOLE shall
promulgate appropriate regulations in addition to existing ones to
ensure protection, safety and welfare of night workers.cralawLibrary
Section 8. Penalties. - Any violation of this
Act, and the rules and regulations issued pursuant hereof shall be
punished with a fine of not less than Thirty thousand pesos (P30,000.00)
nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not
less than six (6) months, or both, at the discretion of the court. If
the offense is committed by a corporation, trust, firm, partnership at
association, or other entity, the penalty shall be imposed upon the
guilty officer or officers of such corporation, trust, firm, partnership
or association, or entity.cralawLibrary
Section 9. 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.cralawLibrary
Section 10. 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.cralawLibrary
Section 11. Effectivity Clause. - This Act
shall take effect after fifteen (15) days following its publication in
two (2) national newspapers of general circulation.cralawLibrary
Approved:chanroblesvirtuallawlibrary
(Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives |
(Sgd.) JUAN PONCE ENRILE President of the Senate |
This Act which is a consolidation of Senate Bill No.
2701 and House Bill No. 4276 was finally passed by the Senate and the
House of Representatives on May 30, 2011 and June 8, 2011, respectively.
(Sgd.) EMMA LIRIO-REYES Secretary of Senate |
(Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives |
Approved: June 21, 2011
(Sgd.) BENIGNO SIMION C. AQUINO III President of the Philippines
|