Night Workers: Labor Code Rules (RA 10151)
Night worker rules in Labor Code Articles 154 to 161 (RA 10151): coverage, free health checks, facilities, transfer, women night workers.
| Article | What it is about | What the article says | Source |
|---|---|---|---|
| Article 154 | Coverage and meaning of "night worker" | Covers everyone "employed or permitted or suffered to work at night", except those in agriculture, stock raising, fishing, maritime transport and inland navigation. Night work is a period of "not less than seven (7) consecutive hours, including the interval from midnight to five o’clock in the morning", fixed by the Secretary of Labor after consulting workers and employers. A "night worker" is one whose work needs a substantial number of night hours above a limit that the Secretary of Labor fixes. | Republic Act No. 10151, Sec. 4 (Labor Code Article 154), Supreme Court E-Library |
| Article 155 | Health assessment | At their request, workers have the right to a health assessment "without charge" and advice on reducing health problems: before starting as a night worker, at regular intervals, and when they have health problems caused by night work. The findings stay confidential and cannot be used against them, except a finding that they are unfit for night work. | Republic Act No. 10151, Sec. 4 (Labor Code Article 155), Supreme Court E-Library |
| Article 156 | Mandatory facilities | Suitable first-aid facilities, with arrangements to bring workers quickly to a place for treatment. Employers must also give safe and healthful working conditions and adequate or reasonable facilities, such as sleeping or resting quarters and transport from work to the nearest point of the workers' residence, "subject to exceptions and guidelines to be provided by the DOLE". | Republic Act No. 10151, Sec. 4 (Labor Code Article 156), Supreme Court E-Library |
| Article 157 | Transfer of workers unfit for night work | A night worker certified unfit for night work for health reasons is transferred, "whenever practicable", to a similar job he or she can do. If that is not practicable, the worker gets the same benefits as other workers who cannot work. A worker temporarily unfit for night work has the same protection against dismissal as other workers prevented from working for health reasons. | Republic Act No. 10151, Sec. 4 (Labor Code Article 157), Supreme Court E-Library |
| Article 158 | Women night workers | An alternative to night work must be available to women workers before and after childbirth, for at least sixteen (16) weeks, and for added periods during pregnancy or after childbirth when a medical certificate says it is needed. During those periods a woman worker cannot be dismissed, except for just or authorized causes "not connected with pregnancy, childbirth and childcare responsibilities", and keeps her status, seniority and access to promotion. Pregnant women and nursing mothers may work at night only if a competent physician other than the company physician certifies their fitness. | Republic Act No. 10151, Sec. 4 (Labor Code Article 158), Supreme Court E-Library |
| Article 159 | Compensation | Compensation for night workers in working time, pay or similar benefits "shall recognize the exceptional nature of night work". The article does not fix an amount. | Republic Act No. 10151, Sec. 4 (Labor Code Article 159), Supreme Court E-Library |
| Article 160 | Social services | Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work. | Republic Act No. 10151, Sec. 4 (Labor Code Article 160), Supreme Court E-Library |
| Article 161 | Night work schedules | Before introducing schedules that need night workers, the employer consults the workers' representatives or labor organizations on the schedules, how night work is organized, and the health measures and social services needed. Where night workers are employed, consultation takes place regularly. | Republic Act No. 10151, Sec. 4 (Labor Code Article 161), Supreme Court E-Library |
Notes
- Night shift differential is a separate rule. Article 86 gives every covered employee a night shift differential of "not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning". Article 159 adds that night workers' compensation must recognize the exceptional nature of night work. See Night shift differential, Premium pay rates and the night differential calculator.
- Republic Act No. 10151 told the DOLE to issue regulations to protect night workers (Section 7). Those DOLE regulations are not covered in this table.
- Section 8 of Republic Act No. 10151 punishes any violation of the law and its rules with "a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than six (6) months, or both, at the discretion of the court."
- The same law repealed old Articles 130 and 131 of the Code. Article 158 says it does not reduce the protection and benefits connected with maternity leave under existing laws. On maternity leave itself, see Maternity leave rights and Leave benefits.
- Made-up example: Grace works the 10 p.m. to 6 a.m. shift at a call center and asks for a health check. Under Article 155 she has the right to it without charge, and the result cannot be shared without her consent unless it shows she is unfit for night work.
- Made-up example: Mylene, a night-shift nurse, is pregnant. Under Article 158 she may keep working nights only if a physician other than the company physician certifies she is fit, and during the periods the article covers she cannot be dismissed for reasons connected with the pregnancy.
- For hours, rest and pay in general, see Wages and hours. If your employer does not follow these rules, see How to file a labor complaint and Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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