Repeal and renumbering changes
- Section 1 repeals Article 130 of the Labor Code.
- Section 2 repeals Article 131 of the Labor Code.
- Section 3 provides that the subsequent articles in Book Three, Title III, Chapter I to Chapter IV of Presidential Decree No. 442 are renumbered accordingly.
- Section 5 provides that the subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree No. 442 are renumbered accordingly.
New chapter on night workers
- Section 4 inserts a new Chapter V (Employment of Night Workers) after Book Three, Title III of Presidential Decree No. 442, consisting of Articles 154 to 161.
- The inserted chapter establishes rules on coverage, health assessment, mandatory facilities, transfer, women night workers, compensation, social services, and night work schedules.
Coverage and definition of night work
- Article 154 (Coverage) applies to all persons employed or permitted or suffered to work at night.
- Article 154 (Coverage) applies during a period of not less than seven (7) consecutive hours, including the interval from midnight to five o’clock in the morning.
- Article 154 (Coverage) sets the period determination by the Secretary of Labor and Employment, after consulting workers’ representatives/labor organizations and employers.
- Article 154 (Coverage) excludes persons employed in agriculture, stock raising, fishing, maritime transport and inland navigation.
- Article 154 (Night worker definition) defines “Night worker” as an employed person whose work requires performance of a substantial number of hours of night work that exceeds a specified limit.
- Article 154 (Night worker definition) requires the Secretary of Labor to fix the specified limit after consulting workers’ representatives/labor organizations and employers.
Health assessment and confidentiality
- Article 155 gives workers the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with night work.
- Article 155 requires the health assessment at the worker’s request:
- (a) before taking up an assignment as a night worker;
- (b) at regular intervals during such an assignment; and
- (c) if health problems are experienced during such assignment which are not caused by factors other than the performance of night work.
- Article 155 states that, except for a finding of unfitness for night work, findings shall not be transmitted to others without the worker’s consent.
- Article 155 states that, except for a finding of unfitness, assessment findings shall not be used to the worker’s detriment.
Mandatory facilities and safe conditions
- Article 156 requires suitable first-aid facilities for workers performing night work.
- Article 156 requires arrangements such that workers, where necessary, can be taken immediately to a place for appropriate treatment.
- Article 156 requires employers to provide safe and healthful working conditions.
- Article 156 requires employers to provide adequate or reasonable facilities such as sleeping or resting quarters in the establishment.
- Article 156 requires employers to provide transportation from the work premises to the nearest point of their residence, subject to exceptions and guidelines to be provided by DOLE.
Transfer, continued protection, and dismissal safeguards
- Article 157 requires transfer, whenever practicable, of night workers certified as unfit for night work due to health reasons to a similar job for which they are fit.
- Article 157 provides that if transfer to a similar job is not practicable, workers shall be granted the same benefits as other workers unable to work, or be granted employment during the period.
- Article 157 protects night workers temporarily certified as unfit for night work by granting them the same protection against dismissal or notice of dismissal as other workers prevented from working for reasons of health.
Women night workers protections
- Article 158 requires measures to ensure an alternative to night work is available to women workers who would otherwise be called upon to perform night work.
- Article 158 requires the alternative to be provided:
- (a) before and after childbirth for at least sixteen (16) weeks, divided between time before and time after childbirth; and
- (b) for additional periods when a medical certificate states additional periods are necessary for the health of the mother or child, including:
- (1) during pregnancy; and
- (2) a specified time beyond the period after childbirth fixed under subparagraph (a), with the length determined by DOLE after consulting labor organizations and employers.
- Article 158 prohibits dismissal or notice of dismissal of a woman worker during the covered periods, except for just or authorized causes that are not connected with pregnancy, childbirth and childcare responsibilities.
- Article 158 provides that a woman worker shall not lose benefits regarding status, seniority, and access to promotion attached to her regular night work position.
- Article 158 allows pregnant women and nursing mothers to work at night only if a competent physician, other than the company physician, certifies fitness and specifies the pregnancy period they can safely work.
- Article 158 provides that measures may include transfer to day work where possible, provision of social security benefits, or extension of maternity leave.
- Article 158 states that these protections shall not reduce protection and benefits connected with maternity leave under existing laws.
Compensation, social services, and schedules
- Article 159 requires compensation for night workers (in the form of working time, pay, or similar benefits) to recognize the exceptional nature of night work.
- Article 160 requires appropriate social services for night workers and, where necessary, for workers performing night work.
- Article 161 requires that before introducing work schedules requiring night workers, the employer must consult workers’ representatives/labor organizations concerned on:
- details of the schedules and forms of organization of night work best adapted to the establishment and its personnel; and
- occupational health measures and social services required.
- Article 161 requires regular consultation in establishments employing night workers.
Application deadline and DOLE regulations
- Section 6 requires that the measures in the chapter be applied not later than six (6) months from the effectivity of Republic Act No. 10151.
- Section 7 directs the DOLE to promulgate appropriate regulations in addition to existing ones to ensure the protection, safety and welfare of night workers.
Penalties for violations
- Section 8 provides that any violation of Republic Act No. 10151 and its implementing rules and regulations is punished by a fine of not less than PHP 30,000.00 nor more than PHP 50,000.00, or imprisonment of not less than six (6) months, or both, at the discretion of the court.
- Section 8 provides that if the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the penalty is imposed upon the guilty officer or officers of that entity.
Separability, repeal of inconsistent issuances, and effectivity
- Section 9 establishes a separability rule: if any portion is declared unconstitutional, the other provisions not affected remain valid and effective.
- Section 10 repeals or modifies all laws, acts, decrees, executive orders, rules and regulations, and other issuances or parts thereof inconsistent with Republic Act No. 10151.
- Section 11 reiterates that the Act takes effect after fifteen (15) days following its publication in two (2) national newspapers of general circulation.