QuestionsQuestions (Republic Act No. 10151)
RA 10151 is intended to allow and regulate the employment of night workers, thereby repealing Articles 130 and 131 of the Labor Code and inserting a new chapter in the Labor Code on the employment of night workers.
RA 10151 repealed Article 130 and Article 131 of the Labor Code.
It required the subsequent articles in Book Three, Title III, Chapter I to Chapter IV of PD 442 to be renumbered accordingly, then inserted a new Chapter V on Employment of Night Workers after Book Three, Title III. It also required renumbering starting from Book Four, Title I, Chapter I.
It applies to persons employed or permitted or suffered to work at night for not less than seven (7) consecutive hours, including the interval from midnight to five o’clock in the morning, except those employed in agriculture, stock raising, fishing, maritime transport, and inland navigation (subject to the “at night” coverage period).
It defines night workers as employed persons whose work requires performance of a substantial number of hours of night work exceeding a specified limit; that limit is fixed by the DOLE after consulting workers’ representatives/labor organizations and employers.
They have the right to undergo a health assessment without charge and to receive advice to reduce or avoid health problems related to their work: (1) before taking up the assignment, (2) at regular intervals, and (3) if they experience health problems not caused by factors other than night work.
With the exception of a finding of unfitness for night work, the findings shall not be transmitted to others without the worker’s consent and shall not be used to the worker’s detriment.
Suitable first-aid facilities, arrangements for immediate transfer where necessary to appropriate treatment, safe and healthful working conditions, and adequate or reasonable facilities such as sleeping/rest quarters in the establishment and transportation from work premises to the nearest point of the worker’s residence (subject to DOLE exceptions and guidelines).
The worker must be transferred, whenever practicable, to a similar job for which they are fit to work.
They must be granted the same benefits as other workers who are unable to work, or they must be granted support to secure employment during the period of inability.
The temporarily unfit night worker is given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health.
It requires measures to provide an alternative to night work (before and after childbirth for at least 16 weeks, plus additional periods with medical certificate), and during these periods: (i) a woman worker cannot be dismissed or given notice of dismissal except for just/authorized causes not connected with pregnancy, childbirth, and childcare responsibilities; (ii) she cannot lose benefits regarding status, seniority, and promotion access tied to the regular night work position.
Only if a competent physician other than the company physician certifies their fitness to render night work and specifies, for pregnant employees, the period of pregnancy they can safely work.
Measures may include transfer to day work where possible, provision of social security benefits, or extension of maternity leave; however, these provisions must not reduce the protection and benefits connected with maternity leave under existing laws.
It mandates that compensation in the form of working time, pay, or similar benefits shall recognize the exceptional nature of night work.
Before introducing work schedules requiring night workers, the employer must consult workers’ representatives/labor organizations concerned on the details of schedules and the organization of night work best adapted to the establishment and its personnel, including occupational health measures and social services required; consultation must also take place regularly in establishments employing night workers.
A fine of not less than ₱30,000 nor more than ₱50,000 or imprisonment of not less than six (6) months, or both, at the court’s discretion. If committed by a corporation or similar entity, the penalty is imposed on the guilty officer(s).
The measures must be applied not later than six (6) months from the effectivity of the Act. DOLE must promulgate appropriate regulations in addition to existing ones to ensure protection, safety, and welfare of night workers.