Insertion of New Chapter on Employment of Night Workers
- A new chapter is inserted after Title III, covering employment of night workers.
- Applies to all persons working at night for a continuous period of at least seven hours including midnight to 5 AM.
- Excludes workers in agriculture, stock raising, fishing, maritime transport, and inland navigation.
- Night work defined as work requiring performance of substantial night hours exceeding limits set by the Secretary of Labor, after consultation with labor and employer representatives.
Health Assessment of Night Workers
- Workers have the right to request free health assessments:
- Before starting night work assignment,
- At regular intervals during assignment,
- If health problems arise related to night work.
- Results cannot be disclosed without consent except if unfitness for night work is found.
- Assessments should not lead to detriment of worker.
Mandatory Facilities for Night Workers
- Employers must provide first-aid facilities and arrangements for immediate treatment as needed.
- Employers must ensure safe, healthful working conditions.
- Adequate resting/sleeping quarters and transportation from work to residence must be provided subject to DOLE guidelines and exceptions.
Transfer of Night Workers Unfit for Night Work
- Night workers certified unfit for night work due to health reasons must be transferred to similar jobs if possible.
- If transfer is impracticable, they shall receive benefits similar to workers unable to work or secure employment.
- Protection against dismissal applies to those temporarily unfit.
Protection of Women Night Workers
- Alternative to night work must be provided:
- Before and after childbirth (minimum 16 weeks), divided between pre- and postpartum periods.
- For additional medically certified periods related to pregnancy or extended postpartum.
- Women cannot be dismissed due to pregnancy, childbirth, or childcare during protected periods.
- No loss of seniority, status, or promotion opportunities during said periods.
- Pregnant or nursing women may only perform night work if certified fit by an independent physician.
- Measures may include transfer to day work, social security benefits, or extended maternity leave.
- This provision does not reduce maternity leave protections under existing laws.
Compensation for Night Work
- Compensation must reflect the exceptional nature of night work in terms of wages, working time, or similar benefits.
Social Services for Night Workers
- Employers must provide appropriate social services for night workers and where necessary, for night work performing workers.
Night Work Schedules and Consultation
- Employers must consult labor representatives before implementing night work schedules.
- Consultation includes schedule details, organization of night work, occupational health, and social services.
- Regular consultation mandated in establishments employing night workers.
Application and Implementation
- The provisions must be applied within six months from the effectivity of the Act.
- The Department of Labor and Employment (DOLE) will promulgate regulations to ensure night workers' protection, safety, and welfare.
Penalties for Violation
- Violations of the Act or its implementing rules may be punished by:
- Fine between PHP 30,000 and PHP 50,000;
- Imprisonment of not less than six months;
- Or both, at the court's discretion.
- For corporate entities, penalties apply to the guilty officers or persons responsible.
Separability Clause
- If any part of the law is declared unconstitutional, the remaining provisions remain effective.
Repealing Clause
- All inconsistent laws, decrees, orders, rules, regulations or parts thereof are modified or repealed.
Effectivity Clause
- The Act takes effect 15 days after publication in two national newspapers.