Special Law Night Workers
Special Law Night Workers
Special Law Night Workers
SECTION 3. The subsequent articles in Boot Three, Title III, Chapter I to Chapter IV of
Presidential Decree No. 442 are hereby renumbered accordingly.
SECTION 4. A new chapter is hereby inserted after Book Three, Title III of Presidential
Decree No. 442, to read as follows:
“Chapter V
“Art. 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.
‘”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.”
“Art. 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: “(a) Before taking up an assignment as a night worker;
“(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.”
“Art. 156. Mandatory Facilities.— Suitable first-aid 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.”
“Art. 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.
“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.
“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.”
“Art. 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:
“(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;
“(b) For additional periods, in respect of which a medical certificate is produced stating that
said additional periods are necessary for the health of the mother or child:
“(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.
“(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.
“(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.
‘Pregnant women and nursing mothers may he 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 ease of pregnant employees, the period of the pregnancy
that they can safely work.
“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.
“The provisions of this article shall not have the effect of reducing the protection and
benefits connected with maternity leave under existing laws.”
“Art. 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.”
“Art. 160. Social Services.—Appropriate social services shall be provided for night workers
and, where necessary, for workers performing night work.”
“Art. 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.”
SECTION 5. The subsequent articles starting from Book Four, Title I, Chapter I of Presidential
Decree No. 442 are hereby renumbered accordingly.
SECTION 6. Application.— The measures referred to in this chapter shall be applied not later
than six (G) months from the effectivity of this Act.
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 or 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.
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.
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.
SECTION 11 Effectivity Clause.— This Act shall take effect after fifteen (15) days following its
publication in two (2) national newspapers of general circulation.
Approved,
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.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO REYES
Republic Acts
REPUBLIC ACT NO. 10361
January 18, 2013
This Act which is a consolidation of Senate Bill No. 78 and House Bill No. 6144 was
finally passed by the Senate and the House of Representatives on November 27,
2012 and November 26, 2012, respectively.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of the Senate
House of Representatives