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 CODEREPEALED
Republic Act No. 10151 repeals Articles 130 and131 of the Labor Code, which prohibit women fromworking at night. Instead of the blanket prohibition,the new law limits the ban to pregnant women andnursing mothers.Thus, under the newly inserted Article 158 of theLabor Code, only pregnant women and nursingmothers are not allowed to work at night. They maybe allowed to work at night only if:a.
certified by a competent physician otherthan the company physician; andb.
in the case of pregnant women, thephysician specifies the period of pregnancythat they can safely work.
NEW CHAPTER on the EMPLOYMENT of NIGHT WORKERS
Republic Act No. 10151 adds a new chapter to BookIII, Title III of the Labor Code. The new chapter,which shall now constitute Articles 154 to 161 of theLabor Code, specifically regulates the employment of night workers.
The provisions of the new chapter shall coveremployees who work at night (which includes theperiod of 12 MN to 5 AM) for a period not less than7 consecutive hours.
Those employed in agriculture, stock raising, fishing,maritime transport and inland navigation shall not becovered by the new chapter.
Rights of Night Workers
free health assessment
duringthe following periods: [Article 155]
before taking up an assignment as a nightworker
at regular intervals
if they experience health problems duringsuch assignment which are not caused byfactors other than the performance of nightwork
Right to be
transferred to a similar jobwhich they are fit to work
, wheneverpracticable, if found unfit for night work due tohealth reasons [Article 157].
If the same be not practicable, these workersshall be granted the same benefits as otherworkers who are unable to work, or tosecure employment during such period.
Furthermore, a night worker certified astemporarily unfit for night work shall begiven the same protection against dismissalor notice of dismissal as other workers whoare prevented from working for reasons of health.
safe and working conditions
[Article 156]Thus, employers are required to provide thefollowing, subject exceptions as may beprovided by the DOLEa.
suitable first-aid facilitiesb.
sleeping or resting quarters in theestablishmentc.
transportation from the work premises to thenearest point of their residence
pregnant women toalternatives to night work
during thefollowing periods: [Article 158]a.
before and after child birth for at least 16weeks, to be divided between the timebefore and after child birthb.
for additional periods, in respect of which amedical certificate is produced stating thatsaid additional periods are necessary for thehealth of the mother or child:
during a specified time beyond theperiod, after childbirth as allowedabove, the length of which shall bedetermined by the DOLE afterconsulting the labor organizations andemployers.The alternatives referred to may include transferto day work where this is possible, the provisionof social security benefits or an extension of maternity leave.
Right of pregnant women
againstdismissals and diminution of benefitson account of pregnancy
, child birth, andchildcare responsibilities [Article 158]