Mandatory Facilities for Night Workers (e.g. Call Center Agents)Atty Elvin
A night worker means any employed person whose work covers the period from 10:00 o’ clock in the evening to 6:00 o’ clock the following morning provided that the worker performs no less than seven (7) consecutive hours of work.
Typical examples of this type of worker are call center agents, legal/medical transcriptionists, knowledge processed outsourcing workers, etc. Those employed in agriculture, stock raising, fishing, maritime transport, and inland navigation are not covered.
Employers are mandated to provide the following facilities for night workers:
- Suitable first-aid and emergency facilities;
- Lactation station;
- Separate toilet facilities for men and women;
- Facility for eating with potable drinking water;
- Facilities for transportation and/or properly ventilated temporary sleeping or resting quarters, separate for male and female workers, shall be provided, except where any of the following circumstances are present:
- Where there is an existing company guideline, practice or policy, CBA, or any similar agreement between management and workers providing for an equivalent or superior benefit;
- Where the start or end of the night work does not fall within 12 midnight to 5 o’ clock in the morning;
- Where the workplace is located in an area that is accessible twenty-four (24) hours to public transportation;
- Where the number of employees does not exceed a specified number as may be provided for by the Secretary of Labor and Employment in subsequent issuances
(Source: R.A. 10151 and D.O. 119-12)