Night workers

Night worker means any employed person whose work requires 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 and employers.

1. Concepts

“’Night worker” – means any employed person whose work requires 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 and employers. (Article 154, P.D. 442, Labor Code, as amended by R.A. 10151)

2. Coverage

[The following rules] shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five o’clock in the morning, to be determined by the Secretary of Labor and Employment, after consulting the workers’ representatives/labor organizations and employers. (Article 154, P.D. 442, Labor Code, as amended by R.A. 10151)

3. Health Assessment

At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work:

1) Before taking up an assignment as a night worker;

2) At regular intervals during such an assignment; and

3) If they experience health problems during such, an assignment which are not caused by factors other than the performance of night work. (Article 155, Ibid.)

With the exception of a finding of unfitness for night work, the findings of such assessments shall not be transmitted to others without the workers’ consent and shall not be used to their detriment.” (Paragraph 2, Article 155, Ibid.)

4. Mandatory Facilities

Suitable first aid facilities shall be made available for workers performing night work, including arrangements where such workers, where necessary, can be taken immediately to a place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE.” (Article 156, Ibid.)

5. Transfer

Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work. (Article 157, Ibid.)

If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period. (Paragraph 2, Article 157, Ibid.)

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. (Paragraph 3, Article 157, Ibid.)

6. Women Night Workers

Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:

1) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth;

2) For additional periods, in respect of winch a medical certificate IS produced stating that said additional periods are necessary for the health of the mother or child:

(a) During pregnancy;

(b) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers. (Article 158, Ibid.)

During the periods referred to in this article:

1) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.

2) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position. (Paragraph 2, Article 158, Ibid.)

a. Pregnant women and nursing mothers

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. (Paragraph 3, Article 158, Ibid.)

b. Transfer to day work

The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave. (Paragraph 4, Article 158, Ibid.)

c. Non-reduction on maternity leave

The provisions of this article shall not leave the effect of reducing the protection and benefits connected with maternity leave under existing laws. (Last paragraph, Article 158, Ibid.)

7. Compensation

The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work.” (Article 159, Ibid.)

8. Social Services

Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work.” (Article 160, Ibid.)

9. Night Work Schedules

Before introducing work schedules requiring the services of night workers, the employer shall consult the workers’ representatives/labor organizations concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel, as well as on the occupational health measures and social services which are required. In establishments employing night workers, consultation shall take place regularly.” (Article 161, Ibid.)

References

Book IV, Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

Republic Act No. 10151

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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