Dear Atty. Chris,

For the past weeks, my boss has been assigning us into schedules that changes all of a sudden with very short notice. Once, I worked graveyard only to find out that he changed the schedule and put me in morning shift the day after.

I need help. Is this acceptable? Thank you Atty!

Ardy

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Dear Ardy,

Your boss’ changes in schedule is not allowed under Republic Act (RA) 10151 which repealed Section 130 and Section 131 of the Labor Code prohibiting the employment of women workers for night work and further amended the Labor Code by providing additional protection to night workers. A night worker means any employed person whose work covers the period from 10 p.m. to 6 a.m. provided that the worker performs no less than seven consecutive hours of work (Section 2, Department Order 119-12, Series of 2012).

Section 4 of the law states that before introducing work schedules requiring the services of night workers, the employer shall consult the workers’ representatives/labor, and in establishments employing night workers, consultation shall take place regularly. The Implementing Rules issued by the Department of Labor and Employment further provides that appropriate changes of work schedule shall be agreed upon before it is implemented (Section 10, Ibid.). You, as a GY Shift Employee, is secured by this.

Furthermore, Article 255 of the Labor Code governing the rights of workers in general states that “Workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare.”

Under Section 8 of RA 10151, any violation of the law, and its implementing rules and regulations is punishable with a fine of P30,000 to P50,000, or imprisonment of six months, or both, at the discretion of the court. If the offense is committed by a corporation, or other entity, the penalty shall be imposed upon its guilty officers.

I hope you, as well as your boss, are enlightened by this.

Atty. Christoffer Liquigan