7/27/2019 Labor Ra10151

1/21

REPUBLIC ACTNO. 10151

AN ACT

ALLOWING THE

EMPLOYMENT OFNIGHT WORKERS

7/27/2019 Labor Ra10151

2/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Womens Rights

Labor force

Negative effects

Renumbering of

Labor Code

Repeals Art. 130 and 131GR: Women were not allowed to work at night

XPT:

a) Emergencies

b) Urgent work on machineries

c) Necessary to prevent serious loss of perishable goods

d) Position of managerial or technical nature

e) Cannot be performed with equal efficiency by male

workersf) Immediate members of the family operating the

establishment

g) Other analogous cases exempted by the Secretary of

Labor and Employment

Why?Protective approach-

concern for womens safety, moral

integrity and health and for family

welfare.

JOIDA

7/27/2019 Labor Ra10151

3/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Womens Rights

Labor force

Negative effects

Renumbering of

Labor CodeAll BPO - (55.4%)Medical Transcription Industries (74.5%),

Data processing (65.2%) and

Call center activities (58.8%)

WOMEN

EMPLOYEES

JOIDA

7/27/2019 Labor Ra10151

4/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Womens Rights

Labor force

Negative effects

Renumbering of

Labor Code

Constitution, Section 14, Article II on the

Declaration of Principles and State Policies, expressly

recognizes the role of women in nation-building and

commands the State to ensure, at all times, the

fundamental equality before the law of women andmen.Constitution, Article XIII, Section 3 pointedly

requires the State to afford full protection to labor

and to promotefull employment and equality of

employment opportunities for all, including an

assurance of entitlement to tenurial security of all

workers

Section 14 The State shall protect working women

by providing safe and healthful working conditions

taking into account their maternal functions, and

such facilities and opportunities that will enhance

their welfare and enable them to realize their full

potential in the service of the nation

Republic Act No. 6725 which explicitly

prohibits discrimination against women with

respect to terms and conditions of

employment, promotion, and training

opportunities

JOIDA

7/27/2019 Labor Ra10151

5/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Womens Rights

Labor force

Negative effects

Renumbering of

Labor Code

Women

used to be prohibited to

work at night

Men

not prohibited

JOIDA

7/27/2019 Labor Ra10151

6/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Womens Rights

Labor force

Negative effects

Renumbering of

Labor Code

Women

used to be prohibited to

work at night

Men

not prohibited

night work prohibition on women is discriminatory in

numerous ways:

It prevents women from entering the industries where

night work is an essential practice.

Women are deprived to higher pay due to the night

differential pay and premium pay offered by outsourcing

and local companies.

It impedes womens career growth as being able to work

extended working hours and night shifts - traits seen by

employers as an important indicator of work

commitment.

JOIDA

7/27/2019 Labor Ra10151

7/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

ABY

7/27/2019 Labor Ra10151

8/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

GR: It cover employees who work at night(which includes the period of 12 MN to 5 AM)

for a period not less than 7 consecutive

hours.

XPT: Those employed in

agriculture,

stock raising,

fishing,

maritime transport and

inland navigation

Art. 154

ABY

7/27/2019 Labor Ra10151

9/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

RA10151, Art. 154

Night Worker

-any employed person whose workrequires performance of a substantial

number of hours of night work which

exceeds a specified limit. This limit shall

be fixed by the Secretary of Labor after

consulting the workers

representatives/labor organizations andemployers.

Implementing rules DOLE:

Night Worker

-any employed person

-whose work covers the period from 10 pm to

6 am the following morning

-provided that the worker performs no less

than seven (7) consecutive hours of work

ABY

7/27/2019 Labor Ra10151

10/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

1. Right to free health assessment

during the following periods:

a. before taking up an assignment

as a night worker

b. at regular intervals

c. if they experience health

problems during suchassignment which are not

caused by factors other than the

performance of night work

Health Assessment

Article 155

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

NILO

7/27/2019 Labor Ra10151

11/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Night Workers are exposed to certain health hazards:

Health Assessment

Article 155

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

NILO

7/27/2019 Labor Ra10151

12/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Health Assessment

Article 157

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

2. Right to be transferred to a similar job which

they are fit to work, whenever practicable, if foundunfit for night work due to health reasons .

If the same be not practicable, these workers shall

be granted the same benefits as other workers who

are unable to work, or to secure employmentduring such period.

Furthermore, a night worker certified as

temporarily unfit for night work shall be given the

same protection against dismissal or notice of

dismissal as other workers who are prevented from

working for reasons of health.

AZEL

7/27/2019 Labor Ra10151

13/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Health Assessment

Article 156

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

under Art. 156Thus, employers are required

to provide the following,

subject exceptions as may be

provided by the DOLE

a. suitable first-aid facilities

b. sleeping or resting

quarters in the establishment

c. transportation from the

work premises to the nearest

point of their residence

As per DOLE, implementingrules:

a. Suitable first aid

facilities

b. Lactation station

c. Separate toilet facilities

for men and womend. Facility for eating with

potable drinking water

e. Facilities for

transportation and

f. Sleeping or resting

quarters

3. Right to safe and working conditions

CJ

7/27/2019 Labor Ra10151

14/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Health Assessment

Article 156

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

3. Right to safe and working conditions

GR:Employers are required to provide mandated facilities

XPT: provided by DOLE

1) When there is an existing company guideline, practice or

policy, CBA o any similar agreement providing for an

equivalent or superior benefit; or2) When the start or end of the night work does not fall

within 12 midnight to 5am; or

3) When workplace is located in an area that is accessible 24

hours to public transportation; or

4) When the number of employees does not exceed a

specified number as may be provided for by the Secretaryof Labor and Employment in subsequent issuances.

CJ

7/27/2019 Labor Ra10151

15/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Health Assessment

Article 158

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

4. Right ofpregnant women to alternatives to night work

during the following periods:

a. before and after child birth for at least 16 weeks, to

be divided between the time before and after child

birth

b. for additional periods, in respect of which a medical

certificate is produced stating that said additionalperiods are necessary for the health of the mother or

child:

during pregnancy

during a specified time beyond the period, after

childbirth as allowed above, the length of which

shall be determined by the DOLE after consulting the

labor organizations and employers.

The alternatives referred to may include transfer to day work

where this is possible, the provision of social security benefits

or an extension of maternity leave.

JOEY

7/27/2019 Labor Ra10151

16/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Health Assessment

Article 158

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

5. Right of pregnant women against dismissals and diminution

of benefits on account of pregnancy, child birth, and childcare

responsibilities

LESLIE

7/27/2019 Labor Ra10151

17/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Health Assessment

Article 158

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

Pregnant women and nursing mothers may be

allowed to work at night

only if a competent physician, other than the

company physician, shall certify their fitness to

render night work, and

specify, in the case of pregnant employees, the

period of the pregnancy that they can safely

work.

Can pregnant women work at night?

LESLIE

7/27/2019 Labor Ra10151

18/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Health Assessment

Article 158

Transfer

Mandatory Facilities

Pregnant Women to

Alternatives

Pregnant Women

against dismissal

Consultation

6. Right to be regularly consulted on

the following:

a. schedules and the forms of

organization of night work that are

best adapted to the establishmentand its personnel

b. the occupational health

measures and social services

LESLIE

7/27/2019 Labor Ra10151

19/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Penalties

Violators shall be punished with:

1. Fine - not less than Thirty thousand pesos (P30,000.00) normore than Fifty thousand pesos (P50,000.00) or

2. Imprisonment of not less than six (6) months,

3. or both, at the discretion of the court.

If offense is committed by a corporation, trust, firm,

partnership or association, or other entity

- It shall be imposed upon the guilty officer or officers

SHE

7/27/2019 Labor Ra10151

20/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Penalties

1. Article 132 (Facilities for Women)shall become Article 130; Article 133

(Maternity Leave Benefits) shall become

Article 131; and so on and so forth.

2. Article 156 (First Aid Treatment) shall

become Article 162; Article 157

(Emergency Medical and Dental

Services) shall become Article 163.

SHE

7/27/2019 Labor Ra10151

21/21

RA 10151

Night work

prohibition on

women

Coverage

6 Rights of Night

Workers

Renumbering of

Labor Code

Penalties

The End.THANK

YOU