Women no longer banned from night work – DoLE

MANILA, Philippines – The Department of Labor and Employment (DoLE) has issued new guidelines exempting women workers from the Labor Codes’ night work ban.

Labor and Employment Secretary Rosalinda Baldoz said the three flexible working schemes from the guidelines aims to provide an equal opportunity to women to make them more competitive and productive in the new working environment.

“The exemption is recognized under Article 131 of the Labor Code under analogous cases, which also takes into account the constitutional mandate for equal employment opportunities and the right against employment discrimination,” Baldoz said.

“It is also aimed at giving employers and employees flexibility in fixing hours of work compatible with business requirements and the employees’ need for balanced work life,” Baldoz added.

Under DoLE Advisory No. 4, women can now avail of a more flexible work schedule, including a compressed workweek, gliding on flexi-time schedule, and flexi-holidays schedule.

“Any or all of these flexible work arrangements shall be based on voluntary agreement between the employers and employees and the adoption of the arrangement shall be in no case result in the diminution of existing benefits,” Baldoz said.

In a flexible work arrangement, women can work a maximum of 12 hours per day on regular pay to reduce their six workdays in a week. An excess of a 12 hour work will already entitle them to an overtime pay.

For a gliding or flexi-time schedule, women must still work the core work hours of their schedule but they will be able to determine their arrival and departure, while flexi-holiday will allow them transfer their holiday to another date.

Baldoz said only women employees who are 18 or above are allowed to work at night.

Meanwhile, Baldoz said pregnant and nursing mother could also work at night provided that competent physician will certify their fitness before they could work.

Women were previously banned by the Labor Code from working beyond 10 p.m. in the industrial sector and 12 a.m. in the commercial sector without overtime pay to allow them to go home early to take care of their family.

The new change in the Labor Code is part of the amendments earlier requested by stakeholders, including the Employers’ Confederation of the Philippines (ECOP) to the DoLE. -SAMUEL P. MEDENILLA, Manil Bulletin