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Labor Law Protection on Women ( Call Center Setting)

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jeneric


Arresto Menor
I work in a call center as an IT analyst. As call center goes, 24 hours operations is normal. But before I accepted the job, I had specifically advised the HR that I cannot do odd hours and they assured me that it only involves daytime hours. But they still had me sign consent working on a flexible shifting schedule saying that it is just standard procedure.

During the 1st year, the work schedule was indeed still within the limits of non-odd hours. But after that, they suddenly shifted to 24 hours.

They were reshuffling schedules and I was being assigned to 12 noon to 9pm schedule. I appealed to the manager that my maximum tolerance is pm due that my travel time takes an average of 1.5 hours (one way) and my place of residence has a high crime rate.

But after several proposals with the manager, he refused to budge saying that he is also helpless and I was told to make a decision - I take it that he is subtly indicating that I should consider resigning if I cannot accept the schedule Sad , also stating that I could take up with HR base on my reminder that I was assured not having to take odd hours schedules.

Base on the above, can I cry foul or harassment? And do I have the right to cite protection as a night woman worker ? I've checked this site in the internet where it says :


Night Work Schedules. – Before introducing work schedules requiring the services of night workers, the employer shall consult the workers’ representatives/labor organizations concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel as well as on the
occupational health measures and social services which are required.


In establishments employing night workers, consultation shall take place regularly.”

“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.

“Art. 158. Women Night Workers. – Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work: (but this seem to be focused on married women)
“(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth;

“(b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child;

“(1) During pregnancy;

“(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers.


“During the periods referred to in this article:

“(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.

“(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.



Appreciate professional comments on this.

Thanks

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attyLLL


moderator
i'm afraid that those provisions have been repealed by Republic Act No. 10151, which now allows women to be assigned to the night shift.

between your oral agreement and the written agreement, the written form will prevail.


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