REPUBLIC ACT NO.

10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS

Repeals Art. 130 and 131

RA 10151
Night work prohibition on women Labor force Womens Rights Negative effects Coverage 6 Rights of Night Workers Renumbering of Labor Code

GR: Women were not allowed to work at night XPT: a) Emergencies b) Urgent work on machineries c) Necessary to prevent serious loss of perishable goods d) Position of managerial or technical nature e) Cannot be performed with equal efficiency by male workers f) Immediate members of the family operating the establishment g) Other analogous cases exempted by the Secretary of Labor and Employment

JOIDA

Why?
Protective approachconcern for womens safety, moral integrity and health and for family welfare.

WOMEN EMPLOYEES

RA 10151
Night work prohibition on women Labor force Womens Rights Negative effects Coverage 6 Rights of Night Workers Renumbering of Labor Code

JOIDA

All BPO - (55.4%) Medical Transcription Industries (74.5%), Data processing (65.2%) and Call center activities (58.8%)

RA 10151
Night work prohibition on women Labor force Womens Rights Negative effects Coverage 6 Rights of Night Workers Renumbering of Labor Code

Constitution, Section 14, Article II on the Declaration of Principles and State Policies, expressly recognizes the role of women in nation-building and commands the State to ensure, at all times, the fundamental equality before the law of women and men. Constitution, Article XIII, Section 3 pointedly requires the State to afford full protection to labor and to promote full employment and equality of employment opportunities for all, including an assurance of entitlement to tenurial security of all workers Section 14 The State shall protect working women by providing safe and healthful working conditions taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation Republic Act No. 6725 which explicitly prohibits discrimination against women with respect to terms and conditions of employment, promotion, and training opportunities

JOIDA

Women used to be prohibited to work at night

Men not prohibited

RA 10151
Night work prohibition on women Labor force Womens Rights Negative effects Coverage 6 Rights of Night Workers Renumbering of Labor Code

JOIDA

Women used to be prohibited to work at night

Men not prohibited

RA 10151
Night work prohibition on women Labor force Womens Rights Negative effects Coverage 6 Rights of Night Workers Renumbering of Labor Code

night work prohibition on women is discriminatory in numerous ways:

It prevents women from entering the industries where night work is an essential practice. Women are deprived to higher pay due to the night differential pay and premium pay offered by outsourcing and local companies.

JOIDA

It impedes womens career growth as being able to work extended working hours and night shifts - traits seen by employers as an important indicator of work commitment.

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Renumbering of Labor Code

ABY

Art. 154

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Renumbering of Labor Code

GR: It cover employees who work at night (which includes the period of 12 MN to 5 AM) for a period not less than 7 consecutive hours.

XPT: Those employed in agriculture, stock raising, fishing, maritime transport and inland navigation

ABY

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Renumbering of Labor Code

RA10151, Art. 154 Night Worker -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. Implementing rules DOLE: Night Worker -any employed person -whose work covers the period from 10 pm to 6 am the following morning -provided that the worker performs no less than seven (7) consecutive hours of work

ABY

Article 155

1. Right to free health assessment during the following periods:

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

a. before taking up an assignment as a night worker

NILO

b. at regular intervals
c. if they experience health problems during such assignment which are not caused by factors other than the performance of night work

Renumbering of Labor Code

Article 155 Night Workers are exposed to certain health hazards:

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

NILO

Renumbering of Labor Code

Article 157

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

2. Right to be transferred to a similar job which they are fit to work, whenever practicable, if found unfit for night work due to health reasons . If the same be 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. Furthermore, 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.

AZEL

Renumbering of Labor Code

Article 156
3. Right to safe and working conditions under Art. 156 Thus, employers are required to provide the following, subject exceptions as may be provided by the DOLE a. suitable first-aid facilities b. sleeping or resting quarters in the establishment c. transportation from the work premises to the nearest point of their residence As per DOLE, implementing rules: a. Suitable first aid facilities b. Lactation station c. Separate toilet facilities for men and women d. Facility for eating with potable drinking water e. Facilities for transportation and f. Sleeping or resting quarters

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

CJ

Renumbering of Labor Code

Article 156

3. Right to safe and working conditions RA 10151

Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

GR: Employers are required to provide mandated facilities XPT: provided by DOLE 1) When there is an existing company guideline, practice or policy, CBA o any similar agreement providing for an equivalent or superior benefit; or 2) When the start or end of the night work does not fall within 12 midnight to 5am; or 3) When workplace is located in an area that is accessible 24 hours to public transportation; or 4) When the number of employees does not exceed a specified number as may be provided for by the Secretary of Labor and Employment in subsequent issuances.

CJ

Renumbering of Labor Code

Article 158
4. Right of pregnant women to alternatives to night work during the following periods:

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

a. before and after child birth for at least 16 weeks, to be divided between the time before and after child birth 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: during pregnancy during a specified time beyond the period, after childbirth as allowed above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers. The alternatives referred to may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave.

JOEY

Renumbering of Labor Code

Article 158
5. Right of pregnant women against dismissals and diminution of benefits on account of pregnancy, child birth, and childcare responsibilities

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

LESLIE

Renumbering of Labor Code

Article 158

Can pregnant women work at night?

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

Pregnant women and nursing mothers may be allowed to work at night LESLIE 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.

Renumbering of Labor Code

Article 158

6. Right to be regularly consulted on the following:

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Health Assessment Transfer Mandatory Facilities Pregnant Women to Alternatives Pregnant Women against dismissal Consultation

a. schedules and the forms of organization of night work that are best adapted to the establishment and its personnel b. the occupational health measures and social services

LESLIE

Renumbering of Labor Code

Violators shall be punished with: 1. Fine - not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or 2. Imprisonment of not less than six (6) months, 3. or both, at the discretion of the court.

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Penalties Renumbering of Labor Code

SHE

If offense is committed by a corporation, trust, firm, partnership or association, or other entity - It shall be imposed upon the guilty officer or officers

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Penalties Renumbering of Labor Code

1. Article 132 (Facilities for Women) shall become Article 130; Article 133 (Maternity Leave Benefits) shall become Article 131; and so on and so forth.
SHE

2. Article 156 (First Aid Treatment) shall become Article 162; Article 157 (Emergency Medical and Dental Services) shall become Article 163.

RA 10151
Night work prohibition on women Coverage 6 Rights of Night Workers Penalties Renumbering of Labor Code

The End.

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