Repeal of Nightwork Prohibition for Women

Republic Act No. 10151, “An Act Allowing the Employment of Night Workers”, was passed on June 21, 2011. The law repeals Article 130, which prohibits employment of women for night work, and Article 131 of the Labor Code.

Before its repeal, Article 130 of the Labor Code prohibits the employment of women in industrial undertaking between 10 PM to 6 AM of the following day, and in commercial or non-industrial undertaking between 12 midnight to 6 AM. Article 131, on the the other hand, provides certain exceptions to the general prohibition.

The prohibition, despite its plausible objective to protect women from the hazards of night employment, has been viewed to be discrimitory as it tends to limit employment opportunities of women workers. Its repeal eliminated the discrimination, consistent with the constitutional provision requiring the State to promote equal employment opportunities for all.

To address concerns about the hazards of night employment, the law has added features to enhance protection of all night workers, not only women employees. Employers under the new law are now required to give all night workers adequate and reasonable facilities, such as sleeping or resting quarters in the establishment, and transportation from the work premises to the nearest point of their residence.

Another significant enhancement introduced by the law, particularly for the protection of woman workers, is the provision that requires the employer to take measures to ensure that an alternative to night work is available to pregnant woman before and after childbirth for a period of at least 16 weeks, and for additional periods as necessary.