This chapter shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those 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 Secretary of Labor and Employment, after consulting the workers’ representatives/labor organizations and employers.
“Night worker” means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be
fixed by the Secretary of Labor after consulting the workers’ representatives/labor organizations and employers.
Editor’s notes from DOLE (2)
See Sec. 3.e., Rule IV of D.O. No. 156 (2016), “Rules and Regulations Governing the Working and Living Conditions of Fishers on Board Fishing Vessels Engaged in Commercial Operation,” which provides that fishers shall be entitled to “night shift differential of ten percent of their basic wage for work performed between10:00 p.m. and 6:00 a.m. of the following day.”
DOLE D.O. No. 119 (2012) defines a “night worker” as “any employed person whose work covers the period from 10 o’clock in the evening to 6 o’clock the following morning provided that the worker performs no less than seven (7) consecutive hours of work.
Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.