PRIMER ON REPUBLIC ACT NO. 10151

full text of law available at http://www.gov.ph/2011/06/21/republic-act-no-1015/

ARTS. 130 and 131 of the LABOR CODE

REPEALED—

Republic Act No. 10151 repeals Articles 130 and 131 of the Labor Code, which prohibit women from working at night. Instead of the blanket prohibition, the new law limits the ban to pregnant women and nursing mothers. Thus, under the newly inserted Article 158 of the Labor Code, only pregnant women and nursing mothers are not allowed to work at night. They may be allowed to work at night only if:

a. certified by a competent physician other than the company physician; and

b. in the case of pregnant women, the physician specifies the period of pregnancy that they can safely work.

NEW CHAPTER on the EMPLOYMENT of

NIGHT WORKERS—

Republic Act No. 10151 adds a new chapter to Book III, Title III of the Labor Code. The new chapter, which shall now constitute Articles 154 to 161 of the Labor Code, specifically regulates the employment of night workers.

Coverage—

The provisions of the new chapter shall 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. Those employed in agriculture, stock raising, fishing, maritime transport and inland navigation shall not be covered by the new chapter.

Rights of Night Workers—

1. Right to free health assessment during

the following periods: [Article 155] a. before taking up an assignment as a night

worker 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

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 [Article 157]. 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.

3. Right to safe and working conditions

[Article 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

4. Right of pregnant women to

alternatives to night work during the

following periods: [Article 158] 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.

5. Right of pregnant women against

dismissals and diminution of benefits

on account of pregnancy, child birth, and

childcare responsibilities [Article 158]

PRIMER ON REPUBLIC ACT NO. 10151

full text of law available at http://www.gov.ph/2011/06/21/republic-act-no-1015/

6. Right to be regularly consulted on the

following: [Article 161]: a. schedules and the forms of organization of

night work that are best adapted to the esfatablishment and its personnel

b. the occupational health measures and social services

Right of Regular Workers to be consulted

before introduction of Night Work—

The employer is required to consult the workers’ representatives/labor organizations concerned, before introducing work schedules requiring the services of night workers, 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. [Article 161]

RENUMBERING OF LABOR CODE

PROVISIONS—

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.

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

DATE OF EFFECTIVITY—

July 12, 2011 (15 days after date of publication: June 27, 2011)