Significance of RA 10151?


Republic Act (RA) No. 10151 (June 21, 2011) is an act allowing the employment of night workers, thereby repealing Articles 130 and 131 of PD 442, as amended, otherwise known as the Labor Code of the Philippines. On the other hand, Article 86 of the Labor Code provides for the rule of night shift differential (NSD), a type of monetary benefit given to employees.

RA 10151 has repealed Article 130 [Nightwork Prohibition] and Article 131 [Exceptions] of the Labor Code and accordingly renumbered the same articles. Additionally, it has inserted a new Chapter V of Title III of Book III of the Labor Code entitled “Employment of Night Workers” which addresses the issue on nightwork of all employees, including women workers. Chapter V covers newly renumbered Articles 154 up to 161 of the Labor Code.

What is the coverage of RA 10151? The law on night work applies not only to women but to all persons, who shall be employed or permitted or suffered to work at night, exceptthose employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five o'clock in the morning, to be determined by the DOLE Secretary, after consulting the workers’ representatives/labor organizations and employers.

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