Nightwork Prohibition for Women

Article 130 of PD 442 or the “Labor Code of the Philippines” provides a prohibition for women to engage in any kind of profession or occupation at night subject to several exceptions provided in Article 131. This provision was drafted in response to our treaty obligation in ILO Convention 89 which recognizes the physiological differences between males and females and aims to “to protect working women by providing safe and healthful working conditions” as mandated by the 1987 Constitution.

 

However, this law is beginning to show its antiquity. Because of the unprecedented increase in women workforce, the evolving concepts of women’s rights, and the advent of BPO industries and globalization, the subject provision is touted as discriminatory and a curtailment of the rights of women workers to free choice of profession and employment. This 30-year old labor law needs to be amended to adapt to the vast changes brought about by technology and globalization.

 

Despite the failure of the law to address the inequities and inconvenience caused by the nightwork prohibition, the Department of Labor and Employment adopted measures which ensure the expediency of applying for exemptions under Article 131. In the call center industry, for example, the company need only write a formal letter to the Secretary of Labor stating the type of business and why it is seeking an exemption. The DOLE shall process the application within 15 working days. Upon approval of the DOLE, the Secretary shall provide copies of the formal letter to corresponding legal and regional labor offices which can monitor and inspect the working site. Throughout the process, the company need not pay a single centavo. This is an example of how a law impedes the development of an industry reliant on globalization and technology. It is relieving, however, to consider that the slow response of the legislature to changes in the industry is cushioned by the adjustments made by the corresponding administrative bodies. 

Article 130 needs to be amended ASAP. Aside from the fact that it is discriminatory against women, it also affects the industries where both men and women can fully participate and excel in. The law has to be responsive to the changing times lest it serve as a chain of restraint over national development.