Repealed. Articles 130 and 131 were expressly repealed by Republic Act No. 10151 (2011), which allows the employment of night workers. The text below is reproduced as originally enacted, for reference only — it is not the law in force, and the prohibition it describes no longer applies.
Text of the provision
Art. 131. Exceptions. The prohibitions prescribed by the preceding Article shall not apply in any of the following cases: In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety; In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; Where the work is necessary to prevent serious loss of perishable goods; Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services; Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers; Where the women employees are immediate members of the family operating the establishment or undertaking; and Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
The night–work ban does not apply in listed situations — emergencies such as serious accident, fire, flood, typhoon, earthquake or epidemic, force majeure, urgent repairs to machinery to avoid serious loss, work needed to save perishable goods, women in managerial or technical posts or providing health and welfare services, work requiring the manual skill and dexterity of women workers, and women who are immediate family members of those operating the business. Other analogous cases may be exempted by the Secretary of Labor and Employment through regulations.
Questions about this provision
Related provisions
- Article 130 — Nightwork Prohibition For Women.
- Article 132 — Facilities For Women Employees.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.