Begun and held in Metro Manila, on Monday, the "(a) Before taking up an assignment as a night
twenty-sixth day of July, two thousand ten. worker;
Section 1. Article 130 of the Labor Code is hereby "Article 156. Mandatory Facilities. - Suitable first·aid
repealed. facilities shall be made available for workers
performing night work, including arrangements where
such workers, where necessary, can be taken
Section 2. Article 131 of the Labor Code is hereby
immediately to a place for appropriate treatment. The
repealed.
employers are likewise required to provide safe and
healthful working conditions and adequate or
Section 3. The subsequent articles in Book Three, reasonable facilities such as sleeping or resting
Title III, Chapter I to Chapter IV of Presidential Decree quarters in the establishment and transportation from
No. 442 are hereby renumbered accordingly. the work premises to the nearest point of their
residence subject to exceptions and guidelines to be
Section 4. A new chapter is hereby inserted after Book provided by the DOLE."
Three, Title III of Presidential Decree No. 442, to read
as follows: "Article 157. Transfer. - Night workers who are
certified as unfit for night work, due to health reasons,
"Chapter V shall be transferred, whenever practicable, to a similar
"Employment of Night Workers job for which they are fit to work.
"Article 154. Coverage. - This chapter' shall apply to "If such transfer to a similar job is not practicable, these
all persons, who shall be employed or permitted or workers shall be granted the same benefits as other
suffered to work at night, except those employed in workers who are unable to work, or to secure
agriculture, stock raising, fishing, maritime transport employment during such period.
and inland navigation, during a period of not less than
seven (7) consecutive hours, including the interval from "A night worker certified as temporarily unfit for night
midnight to five o'clock in the morning, to be work shall be given the same protection against
determined by the Secretary of Labor and dismissal or notice of dismissal as other workers who
Employment, after consulting the workers' are prevented from working for reasons of health."
representatives/labor organizations and employers.
"Article 158. Women Night Workers. - Measures shall
"'Night worker' means any employed person whose be taken to ensure that an alternative to night work is
work requires performance of a substantial number of available to women workers who would otherwise be
hours of night work which exceeds a specified limit. called upon to perform such work:
"(a) Before and after childbirth, for a period of reducing the protection and
at least sixteen (16) weeks, which shall be benefits connected with
divided between the time before and after maternity leave under existing
childbirth; laws."
"(b) For additional periods, in respect of winch "Article 159. Compensation. The compensation for
a medical certificate IS produced stating that night workers in the form of working time, pay or similar
said additional periods are necessary for the benefits shall recognize the exceptional nature of night
health of the mother or child: work."
"Pregnant women and nursing Section 8. Penalties. - Any violation of this Act, and the
mothers may be allowed to rules and regulations issued pursuant hereof shall be
work .at night only if a punished with a fine of not less than Thirty thousand
competent physician, other pesos (P30,000.00) nor more than Fifty thousand
than the company physician, pesos (P50,000.00) or imprisonment of not less than
shall certify their fitness to six (6) months, or both, at the discretion of the court. If
render night work, and specify, the offense is committed by a corporation, trust, firm,
in the case of pregnant partnership at association, or other entity, the penalty
employees, the period of the shall be imposed upon the guilty officer or officers of
pregnancy that they can safely such corporation, trust, firm, partnership or association,
work. or entity.
Approved,