EMPLOYMENT OF NIGHT WORKERS (R.A.

10151)
Not a lot of people, especially foreigners doing business in this country, are aware that before the passage of R.A. 10151, An Act Allowing the Employment of Night Workers on 21 June 2011, the Labor Code (P.D. 442), specifically Articles 130 & 131 of the Code, prohibits the employment of women at night. In the Labor Code, before one can hire women to work at night, the situation must fall under any of the seven (7) exceptions enumerated in Article 131 of the Code. Meaning to say, the general rule is not allowing women to be required to work at night. However, under the new R.A. 10151, the general rule is now to permit all persons, whether men or women, to be employed at night provided that certain conditions are met. A night worker is understood as one who is required to render substantial number of work hours during the night. The number of hours work shall exceed the specified limit to be fixed by the Secretary of Labor after consulting the workers representatives/labor organizations and employers. The new law applies to all industries, in general, as long as they render work for at least seven (7) consecutive hours, with the exception of the following: those employed in agriculture, stock raising, fishing, maritime transport and inland navigation. Free Health Assessment Under this new law, workers can demand free health assessment before they be required to work at night. Meaning to say, the employer must shoulder the expenses for the medical examination of their night workers, if the workers so demand. The medical assessment shall give the workers advice on how to reduce or avoid health problems which might arise from workin at night. If upon medical assessment and the medical staff said that they are unfit to work at night, the employer is under obligation to transfer the concerned worker to a similar job at a schedule when he/she is fit to work. If the unfitness to work is just temporary, they will be treated as someone who is prevented from work due to health reasons and therefore the requirements of due process shall be accorded the unfit worker. Women are Generally Allowed to Work at Night Under the new law, women are generally allowed to be required to work at night. However, the employer must take measures to ensure that the women may choose alternative work arrangement/schedule if working at night is not fit for her, especially under the following cases: 1. Before and after childbirth, for a period of at least sixteen (16) weeks; 2. For additional periods, as long there is a medical certificate stating that said additional periods are necessary for the health of the mother or child: (a) During pregnancy; and (b) During a specified time beyond the period after childbirth, which shall be determined by the DOLE.

During the periods mentioned above, a woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided for in the Labor Code that are not connected with pregnancy, childbirth and childcare responsibilities. 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 to ensure an alternative to night work for women workers may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave. Fixing of their Salary In fixing the salaries of night workers, the employer must take into consideration exceptional nature of night work. Meaning to say, the employer must determine the nature of the job, the difficulty of working at night, and other circumstances in fixing the salary of their night workers. Consultation Requirement An employer who wants to engage an employee to work at night must first consult with the worker himself, or his representative or labor organization. They will discuss the details of their work schedule, organizing the workers who will work at night, and the measures to be taken to protect their health and social welfare. The employer must also ensure that the following facilities are present in the workplace. a) First aid. These are first-aid facilities that shall be made available for workers performing night work. 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. b) Social services. Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work. Penalty for Violation of R.A. 10151 Any violation of R.A. 10151 and its Implementing Rules and Regulations shall be punished with a fine of not less than Thirty Thousand Pesos (PhP30,000) nor more than Fifty Thousand Pesos (PhP50,000) 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.