AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS

Case Overview and Summary

Summary of Republic Act No. 10151

Repeal of Articles 130 and 131 of the Labor Code
- Section 1: Article 130 of the Labor Code is repealed.
- Section 2: Article 131 of the Labor Code is repealed.
- Section 3: Subsequent articles in Book Three, Title III, Chapters I to IV of the Labor Code are renumbered accordingly.

New Chapter on Employment of Night Workers
- Section 4: A new chapter on "Employment of Night Workers" is inserted after Book Three, Title III of the Labor Code.

Coverage and Definition
- Article 154: Covers all persons employed or permitted to work at night, except those in agriculture, stock raising, fishing, maritime transport, and inland navigation.
- "Night worker" is defined as any employed person whose work requires a substantial number of night hours exceeding a specified limit set by the Secretary of Labor.

Health Assessment
- Article 155: Workers have the right to undergo health assessments without charge:
- Before taking up a night worker assignment.
- At regular intervals during the assignment.
- If they experience health problems during the assignment.
- Findings shall not be transmitted without the worker's consent or used to their detriment, except for unfitness for night work.

Mandatory Facilities
- Article 156: Employers must provide suitable first-aid facilities, safe and healthful working conditions, and adequate facilities such as sleeping/resting quarters and transportation, subject to DOLE guidelines.

Transfer
- Article 157: Night workers certified as unfit for night work due to health reasons shall be transferred to a similar job, if practicable. If not, they shall receive the same benefits as other workers unable to work.

Women Night Workers
- Article 158: Measures shall be taken to ensure an alternative to night work for women workers before and after childbirth for at least 16 weeks, and during additional periods with a medical certificate.
- Women shall not be dismissed or lose benefits during these periods, except for just or authorized causes.
- Pregnant and nursing mothers may work at night only if certified fit by a competent physician.

Compensation and Social Services
- Article 159: Compensation for night workers shall recognize the exceptional nature of night work.
- Article 160: Appropriate social services shall be provided for night workers.

Night Work Schedules
- Article 161: Before introducing night work schedules, employers shall consult workers' representatives on the details, organization, occupational health measures, and social services required.

Application and Guidelines
- Section 6: The measures shall be applied within 6 months from the effectivity of the Act.
- Section 7: DOLE shall promulgate appropriate regulations to ensure protection, safety, and welfare of night workers.

Penalties
- Section 8: Violations shall be punished with a fine of not less than ₱30,000 nor more than ₱50,000, or imprisonment of not less than 6 months, or both.

Separability Clause, Repealing Clause, and Effectivity Clause
- Sections 9-11: Standard clauses for separability, repealing inconsistent laws, and the Act's effectivity.