Question & AnswerQ&A (Republic Act No. 10151)
Republic Act No. 10151, enacted on June 21, 2011, allows the employment of night workers and repeals Articles 130 and 131 of the Labor Code of the Philippines.
A night worker is any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit fixed by the Secretary of Labor after consultation with workers' representatives and employers.
The chapter applies to all persons employed or permitted to work at night for not less than seven consecutive hours including the period from midnight to 5 a.m., except those employed in agriculture, stock raising, fishing, maritime transport, and inland navigation.
Night workers have the right to undergo a health assessment without charge before taking up night work, at regular intervals during the assignment, and if they experience health problems related to night work, with findings kept confidential except if unfit for night work.
Employers must provide suitable first-aid facilities, healthful working conditions, sleeping or resting quarters, and transportation from the work premises to the nearest point of residence, subject to DOLE guidelines.
Night workers certified unfit for night work must be transferred to a similar job if practicable, or granted benefits like those unable to work. Temporarily unfit workers are protected against dismissal or notice of dismissal due to health reasons.
Women night workers are entitled to alternatives to night work before and after childbirth for at least 16 weeks, additional medically certified periods during pregnancy or beyond maternity leave, protection from dismissal related to pregnancy, and certification of fitness for night work.
Compensation for night workers should recognize the exceptional nature of night work through appropriate working time adjustments, pay, or similar benefits.
Violations may be punished with a fine of not less than ₱30,000 and not more than ₱50,000, or imprisonment of not less than six months, or both. If a corporation or entity commits the offense, the penalty applies to the responsible officers.
Employers must consult with workers' representatives or labor organizations on the schedules, forms of night work organization, occupational health measures, and social services before introducing night work schedules.