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WORKING CONDITIONS FOR SPECIAL GROUPS OF

EMPLOYEES

Articles 130-
CHAPTER I
EMPLOYMENT OF WOMEN

Jeromy B. Villarba
Constitutional Provisions Recognizing Women

Section 14, Article 11 recognizes the role of women


in nation-building and commands the State to
ensure, at all times, the fundamental equality before
the law of men and women.

Section 3, Article XIII requires the State to afford full


protection to labor and promote full employment
and equality of employment opportunities for all,
including an assurance of entitlement to tenurial
security all workers.
Section 14, Article XIII provides that State shall
protect working women through provisions for
opportunities that would enable them to reach their
full potential
Corrective Labor and Social Laws on Gender Inequality

As signatory to the UN Convention on the


Elimination of All Forms of Discrimination Against
Women, laws regarding women have emerged with
more frequency in the years.

R.A. No. 6725 prohibits discrimination against


women with respect to terms and conditions of
employment, promotion, and training opportunities.
R.A. No. 6995 bans the mail-order-bride practice for a
fee and the export of female labor to countries that
cannot guarantee protection to the rights of women
workers.

R.A. No. 7192 (Women in Development and Nation


Building Act)

R.A. No.7322 increasing the maternity benefits granted


to women in private sector.
R.A. No. 8042 Migrant Workers and Overseas Filipinos
Act of 1995

R.A. No. 7877 outlaws and punishes sexual harassment


in the workplace and in the education and training
environment.
Article 130. Nightwork Prohibition

No woman, regardless of age, shall be employed or


permitted or suffered to work, with or without
compensation;
a. In any industrial undertaking or branch thereof
between ten oclock at night and six oclock in the
morning of the following day; or
b. In any commercial or non-industrial undertaking or
branch thereof, other than agricultural, between
midnight and six oclock in the morning of the
following day; or
c. In any agricultural undertaking at nighttime unless
she is given a period of rest of not less than nine (9)
consecutive hours
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, or in cases of
force majeure or imminent danger to public safety;
previously Article 132, and the rest of the codal
articles accordingly been renumbered.
R.A No. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT
WORKERS, THEREBY REPEALING ARTICLES 130 AND
131 OF PD NO. 442, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES
Article 130. Facilities for Women
The Secretary of Labor and Employment shall establish
standards that will ensure the safety and health of
women employees. In appropriate cases, he shall, by
regulations, require any employer to:

Provide seats proper for women and permit them to


use such seats when they are free from work and
during working hours, provided they can perform their
duties in this position without detriment to efficiency;

To establish separate toilet rooms and lavatories for


men and women and provide at least a dressing room
for women;
To establish a nursery in a workplace for the benefit
of the women employees therein; and

To determine appropriate minimum age and other


standards for retirement or termination in special
occupations such as those of flight attendants and
the like.
Article 131. Maternity Leave Benefits

a. Every employer shall grant to any pregnant woman


employee who has rendered an aggregate service of at
least six (6) months for the last twelve (12) months,
maternity leave of at least two (2) weeks prior to the
expected date of delivery and another four (4) weeks
after normal delivery or abortion with full pay based on
her regular or average weekly wages. The employer may
require from any woman employee applying for
maternity leave the production of a medical certificate
stating that delivery will probably take place within two
weeks.
b. The maternity leave shall be extended without pay on
account of illness medically certified to arise out of the
pregnancy, delivery, abortion or miscarriage, which
renders the woman unfit for work, unless she has earned
unused leave credits from which such extended leave
may be charged.

c. The maternity leave provided in this Article shall be


paid by the employer only for the first four (4) deliveries
by a woman employee after the effectivity of this Code.
R.A. 1161 amended paragraphs (a) and (c )
It was further amended by R.A. No. 7322
SECTION 1. Section 14-A of Republic Act No. 1161, as amended,
is further amended to read as follows:
SEC. 14-A. Maternity Leave Benefit. - A covered
female employee who has paid at least three monthly
maternity contributions in the twelve-month period preceding
the semester of her childbirth, abortion or miscarriage and who
is currently employed shall be paid a daily maternity
benefit equivalent to one hundred percent (100%) of her
present basic salary, allowances and other benefits or the cash
equivalent of such benefits for sixty (60) days subject to the
following conditions:
(a) That the employee shall have notified her employer of her
pregnancy and the probable date of her childbirth which notice
shall be transmitted to the SSS in accordance with the rules and
regulations it may provide;

(b) That the payment shall be advanced by the employer in two


equal installments within thirty (30) days from the filing of the
maternity leave application:

(c) That in case of caesarian delivery, the employee shall be paid


the daily maternity benefit for seventy-eight (78) days;
(d) That payment of daily maternity benefits shall be a bar to the
recovery of sickness benefits provided by this Act for the same
compensable period of sixty (60) days for the same childbirth,
abortion, or miscarriage;

(e) That the maternity benefits provided under this Section shall
be paid only for the first four deliveries after March 13, 1973;

(f) That the SSS shall immediately reimburse the employer of one
hundred percent (100%) of the amount of maternity benefits
advanced to the employee by the employer upon receipt of
satisfactory proof of such payment and legality thereof; and
(g) That if an employee should give birth or suffer abortion or
miscarriage without the required contributions having been
remitted for her by her employer to the SSS, or without the
latter having been previously notified by the employer of the
time of the pregnancy, the employer shall pay to the SSS
damages equivalent to the benefits which said employee would
otherwise have been entitled to, and the SSS shall in turn pay
such amount to the employee concerned.
The Senate approved the Expanded Maternity Leave Act on
third and final reading, granting working mothers 60 additional
days of maternity leave.

It grants a total of 120 days of paid maternity leave to all


female workers regardless of civil status or legitimacy of child,
with an option to extend for another 30 days unpaid.
Single parents will get a total of 150 days of paid maternity
leave.
The measure also allows 30 days of the 120-day maternity
leave to be transferred to alternate caregivers such as spouse,
common-law partner, and relative up to the fourth degree of
consanguinity, including adoptive parents.
Once enacted, SB 1305 will effectively amend Republic Act
1161, or the Social Security Act of 1997, which grants 60 days
of maternity for leave those who undergo normal childbirth,
and 78 days for caesarean.

The bill will also amend Republic Act 7322, granting 30 days of
paid leave to fathers instead of the former seven days.

Violators of the proposed law will be penalized with a fine


between P5,000 and P20,000, and imprisonment for not less
than six years and one day, but not more than 12 years.
Battered Woman Leave

R.A. No. 9262 Anti-Violence Against Women and their Children


Act of 2004

If the victim is an employee, she is entitled to a paid leave of up


to 10 days in addition to other paid leaves under the Labor Code,
or other laws, and company policies.

The leave is extendible when the necessity arises as specified in


the protection order. To apply for such leave the employee has to
submit a certification from the Punong Barangay or kagawad or
prosecutor or the clerk of court that an action under R.A. No.
9262 has been filed and is pending.
R.A. No. 9710 Magna Carta of Women

SECTION 18. Special Leave Benefits for Women. A woman


employee having rendered continuous aggregate employment
service of at least six (6) months for the last twelve (12) months
shall be entitled to a special leave benefit of two (2) months with
full pay based on her gross monthly compensation following
surgery caused by gynecological disorders.
Article 132. Family Planning Services; Incentives for
Family Planning

1. Establishments which are required by law to maintain


a clinic or infirmary shall provide free family planning
services to their employees which shall include, but
not be limited to, the application or use of
contraceptive pills and intrauterine devices.

2. In coordination with other agencies of the


government engaged in the promotion of family
planning, the Department of Labor and Employment
shall develop and prescribe incentive bonus schemes
to encourage family planning among female workers
in any establishment or enterprise.
Article 133. Discrimination Prohibited
It shall be unlawful for any employer to discriminate
against any woman employee with respect to terms
and conditions of employment solely on account of her
sex.

The following are acts of discrimination:


Payment of a lesser compensation, including wage,
salary or other form of remuneration and fringe
benefits, to a female employees as against a male
employee, for work of equal value; and
Favoring a male employee over a female
employee with respect to promotion, training
opportunities, study and scholarship grants
solely on account of their sexes.
Criminal liability for the willful commission of any
unlawful act as provided in this Article or any violation
of the rules and regulations issued pursuant to Section
2 hereof shall be penalized as provided in Articles 288
and 289 of this Code: Provided, That the institution of
any criminal action under this provision shall not bar
the aggrieved employee from filing an entirely separate
and distinct action for money claims, which may
include claims for damages and other affirmative
reliefs. The actions hereby authorized shall proceed
independently of each other. (As amended by Republic
Act No. 6725, May 12, 1989)
Article 134. Stipulation Against Marriage

It shall be unlawful for an employer to require as a


condition of employment or continuation of
employment that a woman employee shall not get
married, or to stipulate expressly or tacitly that upon
getting married, a woman employee shall be deemed
resigned or separated, or to actually dismiss, discharge,
discriminate or otherwise prejudice a woman employee
merely by reason of her marriage.
Nondiscrimination; Policy Against Married Status

Facts:
Respondents were hired after they were found fit for the job, but
were asked to resign when they married a co-employee. Petitioners
failed to show how the marriage of Simbol, then a Sheeting
Machine Operator, to Alma Dayrit, then an employee of the
Repacking Section, could be detrimental to its business operations.
Neither did petitioners explain how this detriment will happen in
the case of Wilfreda Comia, then a Production Helper in the
Selecting Department, who married Howard Comia, then a helper
in the cutter-machine. The policy is premised on the mere fear that
employees married to each other will be less efficient. If we uphold
the questioned rule without valid justification, the employer can
create policies based on an unproven presumption of a perceived
danger at the expense of an employees right to security of tenure.
Petitioners contend that their policy will apply only when one
employee marries a co-employee, but they are free to marry
persons other than co-employees. The questioned policy may not
facially violate Article 136 of the Labor Code but it creates a
disproportionate effect and under the disparate impact theory, the
only way it could pass judicial scrutiny is a showing that it
is reasonable despite the discriminatory, albeit disproportionate,
effect. The failure of petitioners to prove a legitimate business
concern in imposing the questioned policy cannot prejudice the
employees right to be free from arbitrary discrimination based
upon stereotypes of married persons working together in one
company.
STAR PAPER CORPORATION, ET AL vs RONALDO D. SIMBOL,
WILFREDA N. COMIA &LORNA E. ESTRELLA (April 12, 2006, G.R. No. 164774)

Whether the policy of the employer banning spouses from working in


the same company violates the rights of the employee under the
Constitution and the Labor Code or is a valid exercise of management
prerogative.

The courts that have broadly construed the term marital status rule
that it encompassed the identity, occupation and employment of
one's spouse. They strike down the no-spouse employment policies
based on the broad legislative intent of the state statute. They
reason that the no-spouse employment policy violate the marital
status provision because it arbitrarily discriminates against all
spouses of present employees without regard to the actual effect
on the individual's qualifications or work performance.
These courts also find the no-spouse employment policy invalid for
failure of the employer to present any evidence of business
necessity other than the general perception that spouses in the
same workplace might adversely affect the business. They hold that
the absence of such a bona fide occupational
qualification invalidates a rule denying employment to one spouse
due to the current employment of the other spouse in the same
office.

Thus, they rule that unless the employer can prove that the
reasonable demands of the business require a distinction based on
marital status and there is no better available or acceptable policy
which would better accomplish the business purpose, an employer
may not discriminate against an employee based on the identity of
the employees spouse. This is known as the bona fide occupational
qualification exception.
We note that since the finding of a bona fide occupational
qualification justifies an employers no-spouse rule, the exception is
interpreted strictly and narrowly by these state courts. There must
be a compelling business necessity for which no alternative exists
other than the discriminatory practice. To justify a bona fide
occupational qualification, the employer must prove two factors: (1)
that the employment qualification is reasonably related to the
essential operation of the job involved; and, (2) that there is a
factual basis for believing that all or substantially all persons
meeting the qualification would be unable to properly perform the
duties of the job.
Article 135. Prohibited Acts
It shall be unlawful for any employer:
To deny any woman employee the benefits provided for
in this Chapter or to discharge any woman employed by
him for the purpose of preventing her from enjoying any
of the benefits provided under this Code.

To discharge such woman on account of her pregnancy,


or while on leave or in confinement due to her
pregnancy;

To discharge or refuse the admission of such woman


upon returning to her work for fear that she may again
be pregnant.
Article 136. Classification of Certain Women Workers

Any woman who is permitted or suffered to work, with


or without compensation, in any night club, cocktail
lounge, massage clinic, bar or similar establishments
under the effective control or supervision of the
employer for a substantial period of time as
determined by the Secretary of Labor and Employment,
shall be considered as an employee of such
establishment for purposes of labor and social
legislation.
Persons Who May be Liable for Sexual Harassment

Sexual harassment can be committed by any person having


authority, influence, or moral ascendency over another in a work
or training or education environment demands, requests, or
otherwise requires any sexual favor from another regardless of
whether the demand, requests, or requirement for submission is
accepted by object of the said act.

Any person who directs or induces another to commit any act of


sexual harassment as defined in the law, or who cooperates in
the commission thereof without which it would not have been
committed, shall also be held liable under the law.
Chapter II. Employment of Minors

Article 137. Minimum Employable Age


a. No child below fifteen (15) years of age shall be
employed, except when he works directly under the
sole responsibility of his parents or guardian, and
his employment does not in any way interfere with
his schooling
b. Any person between fifteen and eighteen years of
age may be employed for such number of hours and
such periods of the day as determined by the
Secretary of Labor in appropriate regulations.
c. The foregoing provision shall in no case allow the
employment of person below 18 years of age in an
undertaking which is hazardous or deleterious in nature
as determined by Secretary of Labor.
Child Abuse and Child Labor

R.A. No. 7610


Article 138. Prohibition Against Child Discrimination

No employer shall discriminate against any


person in respect to terms and conditions of
employment on account of his age.

Hazardous Work
-the employable age is 18 and up
Nonhazardous Work
Where the employee is not imposed to any risk
which constitutes an imminent danger to his safety and
health.

The following are considered hazardous


workplaces:
a. Where the nature of the work exposes the workers
to dangerous environmental elements,
contaminations, or work conditions including
ionizing radiations, chemicals, fire, flammable
substances, noxious components, and the like;
b. Where the workers are engaged in construction
work, logging, fire-fighting, mining, quarrying, rusting,
stevedoring, dock work, deep sea fishing, mechanized
farming;

c. Where the workers are engaged in manufacture or


handling of explosive and other pyrotechnic products;
d. Where the workers use or are exposed to heavy or
power-driven machinery equipment; and

e. Where workers use or are exposed to power-driven


tools
Republic Act No. 9231

AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST


FORMS OF CHILD LABOR AND AFFORDING STRONGER
PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS
PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE
KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
Sec. 2. Employment of Children - Children below fifteen (15)
years of age shall not be employed except:

1) When a child works directly under the sole responsibility of


his/her parents or legal guardian and where only members of
his/her family are employed: Provided, however, That his/her
employment neither endangers his/her life, safety, health, and
morals, nor impairs his/her normal development: Provided,
further, That the parent or legal guardian shall provide the said
child with the prescribed primary and/or secondary education;
or
2) Where a child's employment or participation in public
entertainment or information through cinema, theater, radio,
television or other forms of media is essential: Provided, That
the employment contract is concluded by the child's parents or
legal guardian, with the express agreement of the child
concerned, if possible, and the approval of the Department of
Labor and Employment: Provided, further, That the following
requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety,
morals and normal development of the child;

(b) The employer shall institute measures to prevent the child's


exploitation or discrimination taking into account the system and
level of remuneration, and the duration and arrangement of
working time; and

(c) The employer shall formulate and implement, subject to the


approval and supervision of competent authorities, a continuing
program for training and skills acquisition of the child.
In the above-exceptional cases where any such child may be
employed, the employer shall first secure, before engaging such
child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above
requirements.

For purposes of this Article, the term "child" shall apply to all
persons under eighteen (18) years of age."
Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions
provided in Section 12 of this Act, as amended:

(1) A child below fifteen (15) years of age may be allowed to work
for not more than twenty (20) hours a week: Provided, That the
work shall not be more than four (4) hours at any given day;

(2) A child fifteen (15) years of age but below eighteen (18) shall
not be allowed to work for more than eight (8) hours a day, and in
no case beyond forty (40) hours a week;

(3) No child below fifteen (15) years of age shall be allowed to work
between eight o'clock in the evening and six o'clock in the morning
of the following day and no child fifteen (15) years of age but below
eighteen (18) shall be allowed to work between ten o'clock in the
evening and six o'clock in the morning of the following day."
Sec. 12-D. Prohibition Against Worst Forms of Child
Labor. - No child shall be engaged in the worst forms of
child labor. The phrase "worst forms of child labor"
shall refer to any of the following:

(1) All forms of slavery, as defined under the "Anti-


trafficking in Persons Act of 2003", or practices similar to
slavery such as sale and trafficking of children, debt
bondage and serfdom and forced or compulsory labor,
including recruitment of children for use in armed
conflict; or

(2) The use, procuring, offering or exposing of a child for


prostitution, for the production of pornography or for
pornographic performances; or
(3) The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of dangerous
drugs and volatile substances prohibited under existing laws; or

(4) Work which, by its nature or the circumstances in which it is


carried out, is hazardous or likely to be harmful to the health,
safety or morals of children, such that it:

a) Debases, degrades or demeans the intrinsic worth and


dignity of a child as a human being; or

b) Exposes the child to physical, emotional or sexual abuse, or is


found to be highly stressful psychologically or may prejudice
morals; or
c) Is performed underground, underwater or at dangerous
heights; or

d) Involves the use of dangerous machinery, equipment and


tools such as power-driven or explosive power-actuated tools; or

e) Exposes the child to physical danger such as, but not limited to
the dangerous feats of balancing, physical strength or contortion,
or which requires the manual transport of heavy loads; or

f) Is performed in an unhealthy environment exposing the child


to hazardous working conditions, elements, substances, co-
agents or processes involving ionizing, radiation, fire, flammable
substances, noxious components and the like, or to extreme
temperatures, noise levels, or vibrations; or
g) Is performed under particularly difficult conditions; or

h) Exposes the child to biological agents such as bacteria, fungi,


viruses, protozoans, nematodes and other parasites; or

i) Involves the manufacture or handling of explosives and other


pyrotechnic products.

Sec. 14. Prohibition on the Employment of Children in Certain


Advertisements. - No child shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic
beverages, intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography.
Chapter III. Employment of Househelpers

Art. 139. Coverage. This Chapter shall apply to all


persons rendering services in households for
compensation.

"Domestic or household service" shall mean service


in the employers home which is usually necessary or
desirable for the maintenance and enjoyment
thereof and includes ministering to the personal
comfort and convenience of the members of the
employers household, including services of family
drivers.
Article 140. Contract of domestic service. The original
contract of domestic service shall not last for more
than two (2) years but it may be renewed for such
periods as may be agreed upon by the parties.

Modified by R.A. No. 10361 Domestic Workers Act


or Batas Kasambahay
Article 141. Minimum wage.
Househelpers shall be paid the following minimum wage
rates:

Eight hundred pesos (P800.00) a month for househelpers


in Manila, Quezon, Pasay, and Caloocan cities and
municipalities of Makati, San Juan, Mandaluyong,
Muntinlupa, Navotas, Malabon, Paraaque, Las Pias,
Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro
Manila and in highly urbanized cities;

Six hundred fifty pesos (P650.00) a month for those in


other chartered cities and first-class municipalities; and

Five hundred fifty pesos (P550.00) a month for those in


other municipalities.
Provided, That the employers shall review the
employment contracts of their househelpers every
three (3) years with the end in view of improving the
terms and conditions thereof.

Provided, further, That those househelpers who are


receiving at least One thousand pesos (P1,000.00)
shall be covered by the Social Security System (SSS)
and be entitled to all the benefits provided
thereunder. (As amended by Republic Act No. 7655,
August 19, 1993)

Modified by R.A. No. 10361


SEC 24. Minimum Wage. The minimum wage of domestic
workers shall not be less than the following:

(a) Two thousand five hundred pesos (P2,500.00) a month for


those employed in the National Capital Region (NCR);

(b) Two thousand pesos (P2,000.00) a month for those employed


in chartered cities and first class municipalities; and

(c) One thousand five hundred pesos (P1,500.00) a month for


those employed in other municipalities.
Article 142. Minimum cash wage. The minimum wage
rates prescribed under this Chapter shall be the basic
cash wages which shall be paid to the househelpers in
addition to lodging, food and medical attendance.
Article 143. Assignment to non-household work. No
househelper shall be assigned to work in a commercial,
industrial or agricultural enterprise at a wage or salary
rate lower than that provided for agricultural or non-
agricultural workers as prescribed herein.
Article 144. Opportunity for education. If the househelper is
under the age of eighteen (18) years, the employer shall give him
or her an opportunity for at least elementary education. The cost
of education shall be part of the househelpers compensation,
unless there is a stipulation to the contrary.

SEC. 9. Right to Education and Training. The employer shall


afford the domestic worker the opportunity to finish basic
education and may allow access to alternative learning systems
and, as far as practicable, higher education or technical and
vocational training. The employer shall adjust the work schedule
of the domestic worker to allow such access to education or
training without hampering the services required by the
employer.
Article 145. Treatment of househelpers. The employer shall
treat the househelper in a just and humane manner. In no case
shall physical violence be used upon the househelper.

R.A. No. 10361


SEC. 5. Standard of Treatment. The employer or any member
of the household shall not subject a domestic worker or
kasambahay to any kind of abuse nor inflict any form of
physical violence or harassment or any act tending to degrade
the dignity of a domestic worker.
Article 146. Board, lodging, and medical attendance. The
employer shall furnish the househelper, free of charge,
suitable and sanitary living quarters as well as adequate food
and medical attendance.

R.A. 10361 provides:


SEC. 6. Board, Lodging and Medical Attendance. The
employer shall provide for the basic necessities of the
domestic worker to include at least three (3) adequate meals
a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance
to the domestic worker in case of illnesses and injuries
sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in
abeyance the provision of these basic necessities as
punishment or disciplinary action to the domestic worker.
Other Privileges for Househelpers provided under R.A. No. 10361

SEC. 7. Guarantee of Privacy. Respect for the privacy of the


domestic worker shall be guaranteed at all times and shall
extend to all forms of communication and personal effects. This
guarantee equally recognizes that the domestic worker is obliged
to render satisfactory service at all times.

SEC. 8. Access to Outside Communication. The employer shall


grant the domestic worker access to outside communication
during free time: Provided, That in case of emergency, access to
communication shall be granted even during work time. Should
the domestic worker make use of the employers telephone or
other communication facilities, the costs shall be borne by the
domestic worker, unless such charges are waived by the
employer.
Chapter IV. Employment of Homeworkers

Article 147. Regulation of industrial homeworkers. The


employment of industrial homeworkers and field personnel
shall be regulated by the government through the appropriate
regulations issued by the Secretary of Labor and Employment
to ensure the general welfare and protection of homeworkers
and field personnel and the industries employing them.

Art. 148. Regulations of Secretary of Labor. The regulations or


orders to be issued pursuant to this Chapter shall be designed
to assure the minimum terms and conditions of employment
applicable to the industrial homeworkers or field personnel
involved.
Article 149. Distribution of homework. For purposes of this
Chapter, the "employer" of homeworkers includes any person,
natural or artificial who, for his account or benefit, or on behalf
of any person residing outside the country, directly or indirectly,
or through an employee, agent contractor, sub-contractor or any
other person:
Delivers, or causes to be delivered, any goods, articles or
materials to be processed or fabricated in or about a home
and thereafter to be returned or to be disposed of or
distributed in accordance with his directions; or

Sells any goods, articles or materials to be processed or


fabricated in or about a home and then rebuys them after
such processing or fabrication, either by himself or through
some other person.
Chapter V. Employment of Night Workers

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 oclock 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;

(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.
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:
(1) During pregnancy;

(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.

During the periods referred to in this article:

(i) A woman worker shall not be dismissed or given notice


of dismissal, except for just or authorised 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.
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.
Sources
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