Labor Law I

Aimee S. De Torres
Article 158. Women Night Workers. -
Measures shall be taken to ensure that an alternative to night work is available to
women workers who would otherwise be called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which
shall be divided between the time before and after childbirth;
(b) For additional periods, in respect of winch a medical certificate IS produced
stating that said additional periods are necessary for the health of the mother or
child:
(1) During pregnancy;
(2) During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE
after consulting the labor organizations and employers.
During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice of dismissal, except for
just or authorized causes provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities.
(ii) A woman worker shall not lose the benefits regarding her status,
seniority, and access to promotion which may attach to her regular
night work position.
Pregnant women and nursing mothers may be allowed to work at
night only if a competent physician, other than the company
physician, shall certify their fitness to render night work, and
specify, in the case of pregnant employees, the period of the
pregnancy that they can safely work.
The measures referred to in this article may include transfer to day
work where this is possible, the provision of social security
benefits or an extension of maternity leave.
The provisions of this article shall not leave the effect of reducing the
protection and benefits connected with maternity leave under
existing laws.
Article 159. Compensation.

The compensation for night workers in the form of

working time, pay or similar benefits shall recognize the
exceptional nature of night work.
Article 160. Social Services. -
Appropriate social services shall be provided for night
workers and, where necessary, for workers performing night
work.
Article 161. Night Work Schedules. -
Before introducing work schedules requiring the
services of night workers, the employer shall consult the
workers' representatives/labor organizations concerned on
the details of such schedules and the forms of organization of
night work that are best adapted to the establishment and its
personnel, as well as on the occupational health measures and
social services which are required. In establishments
employing night workers, consultation shall take place
regularly.
 BOOK FOUR
Health, Safety and Social Welfare
Benefits
TITLE I
MEDICAL, DENTAL ADN OCCUPATIONAL SAFETY

Chapter I
MEDICAL AND DENTAL SERVICE
Article 162. First-aid treatment.
Every employer shall keep in his establishment such
first-aid medicines and equipment as the nature and
conditions of work may require, in accordance with such
regulations as the Department of Labor and Employment
shall prescribe.
The employer shall take steps for the training of a
sufficient number of employees in first-aid treatment.
Art. 157. Emergency medical and
dental services.
It shall be the duty of every employer to furnish his employees in
any locality with free medical and dental attendance and facilities
consisting of:
The services of a full-time registered nurse when the number of
employees exceeds fifty (50) but not more than two hundred (200)
except when the employer does not maintain hazardous workplaces, in
which case, the services of a graduate first-aider shall be provided for
the protection of workers, where no registered nurse is available. The
Secretary of Labor and Employment shall provide by appropriate
regulations, the services that shall be required where the number of
employees does not exceed fifty (50) and shall determine by appropriate
order, hazardous workplaces for purposes of this Article;
The services of a full-time registered nurse, a part-time physician
and dentist, and an emergency clinic, when the number of employees
exceeds two hundred (200) but not more than three hundred (300); and
 The services of a full-time physician, dentist and a full-time
registered nurse as well as a dental clinic and an infirmary or
emergency hospital with one bed capacity for every one hundred
(100) employees when the number of employees exceeds three
hundred (300).
In cases of hazardous workplaces, no employer shall engage
the services of a physician or a dentist who cannot stay in the
premises of the establishment for at least two (2) hours, in the case
of those engaged on part-time basis, and not less than eight (8)
hours, in the case of those employed on full-time basis. Where the
undertaking is non-hazardous in nature, the physician and dentist
may be engaged on retainer basis, subject to such regulations as
the Secretary of Labor and Employment may prescribe to insure
immediate availability of medical and dental treatment and
attendance in case of emergency.
Art. 158. When emergency hospital
not required.

The requirement for an emergency hospital or dental

clinic shall not be applicable in case there is a hospital or
dental clinic which is accessible from the employer’s
establishment and he makes arrangement for the reservation
therein of the necessary beds and dental facilities for the use
of his employees.