Philippines Labor Code for Night Workers

Republic of the Philippines

Congress of the Philippines

Metro Manila

Fifteenth Congress

First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth of July, two thousand ten.

Republic Act No. 10151

An Act allowing the employment of night workers, thereby repealing Articles 130 and 131 of Presidential Decree Number four hundred forty-two, as amended, otherwise known as The Labor Code of the Philippines.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 130 of the Labor Code is hereby repealed.

Section 2. Article 131 of the Labor Code is herby repealed.

Section 3. The subsequent articles in Book Three, Title III, Chapter I to Chapter IV of Presidential Decree No. 442 are hereby renumbered accordingly.

Section 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to read as follows:

Chapter V

Employment of Night Workers

Art. 154. Coverage. – 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.

“Art. 155. Health Assessment. – At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work:

“(a) Before taking up an assignment as a night worker;

“(b) At regular intervals during such an assignment; and

“(c) If they experience health problems during such an assignment which are not caused by factors other than the performance of night work.

“With the exception of a finding of unfitness for night work, the findings of such an assessments shall not be transmitted to others without the workers’ consent and shall not be used to their detriment.”

“Art. 156. Mandatory Facilities – Suitable first- aid facilities shall be made available for workers performing night work, including arrangements where such workers, where necessary, can be taken immediately to a place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE.”

“Art. 157. Transfer. – Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.

“If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period.

“A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal as other workers who are prevented from working for reasons of health.”

“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:

“(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.

“Pregnant women and nursing mothers may be allowed to work at night only if a competent physician, other than a company physician, shall certify their fitness to render night work, and specify, in the case of pregnant employees, the period of the pregnancy that they can safely work.

“The measures referred to in this article shall not have the effect of reducing the protection and benefits connected with maternity leave under existing laws.”

“Art. 159. Compensation. – The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work.”

“Art. 160. Social Services. – Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work.”

“Art. 161. 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.”

Section 5. The subsequent articles starting from Book Four, Title I of Presidential Decree No. 442 are hereby renumbered accordingly.

Section 6. Application. – The measures referred to in this chapter shall be applied not later than six (6) months from the effectivity of this Act.

Section 7. Guidelines. – The DOLE shall promulgate appropriate regulations in addition to existing ones to ensure protection, safety and welfare of night workers.

Section 8. Penalties. – Any violations of this Act, and the rules and regulations issued pursuant hereof shall be punished with a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than six (6) months or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association, or entity.

Section 9. Separability Clause. – If any portion of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other of the other provisions not affected thereby.

Section 10. Repealing Clause. – All laws, acts, decrees, executive orders, rules and regulations or other issuances or parts thereof, which are inconsistent with this Act, are hereby modified and repealed.

Section 11. Effectivity Clause. – This Act shall take effect after fifteen (15) days following its publication in two (2) national newspapers of general circulation.

Approved,

Feliciano Belmonte Jr.

Speaker of the House of Representative

Juan Ponce Enrile

President of the Senate

This Act which is a consolidation of Senate Bill No. 2701 and House Bill No. 4276 was finally passed by the Senate and the House of Representatives on May 30, 2011 and June 8, 2011, respectively.

Marilyn B. Barua-Yap

Secretary General-House of Representatives

Emma Lirio- Reyes

Secretary of the Senate

Approved:

BENIGNO SIMEON C. AQUINO III

President of the Philippines

(Signed June 21, 2011)

DO WE CALL THEM BY THEIR FIRST NAME OR "SIR OR MAM?"

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Call Center Courtesy

During my first training in the call center, we were instructed to use the customer's first name throughout the calls. We were handling calls coming from all over the United States of America, and we were advised that Americans preferred to be addressed by their first names.

But when I was already taking in calls, I noticed that most of them would reply to me using "mam." And to call them by their first name doesn't seem to sound courteous on my part. And ever since then, I made it a point to mirror back how the caller would call me first. If they call me by my first name, then that's how I address them.

A comprehensive study was done on this subject a few years ago and it was determined that 87% of Americans did not like being called by name since they never wanted a personal relationship with a stranger on the phone. The particular study was done with the exception of California, New York and Massachusetts.

Although today's culture is more youth oriented, which leads to call center agents being encouraged to call customers by their first names, courtesy and professionalism should always be on top of considerations. Everyone will agree that a customer must feel and hear respected.

Although Northern counterparts may feel comfortable being called by their first names, the vast majority of Southerners and Westerners may find it rude and disrespectful.

But it should be noted that nobody has ever claimed losing a customer just because they were wrongfully addressed.

If the agent sounds courteous and natural when speaking, this will convey more than anything else the message of professionalism.

Related Aticles:

• Say "Yes,Mam" or "Yes Sir" and "No,Mam" or "No Sir"

• Me and Cupcake Face: Yes Sir, No Mam

• Why are people offended when I call the Sir or Mam?
  

Related articles

• What Happened to M'am? (karmaperdiem.wordpress.com)

A BURNED OUT CALL CENTER AGENT IN THE LAND OF WILLY WONKA

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BURNED COOKIES

A recipe for a burned out call center agent

Ingredients

• 10 kilos of all the resentment you have ever felt in the call center but never expressed towards those shrieking callers who have called you moron, idiot, and/or stupid, those racist customers who refused to speak with you, and those ungrateful ones, whom after you have faithfully helped to resolve their issues, taunted you back with insults, and in doing so, destroyed your faith in humanity.
• 10 kilos of all the bitterness you've ever felt toward those call center authority figures whom you have once respected but didn't respect you back, who took advantage of your credulity and never appreciated your willingness to tear out your guts at their bidding, and in doing so blotted out your belief in the promise of reward for your sincerity and reliability.
• 10 kilos of all the revulsion you feel towards the circumstances that surround you, that scoffs at an attempt to promote righteousness and instead rewards perversion, that mocks at honesty and ethical behaviour because "No one gets rewarded for being honest and ethical," and in doing so destroys itself.
• 2 cups of crushed and pounded belief
• 300 grams of ground sanity
• 200 liters of bile
• 1 tbsp of vinegar

Directions

Throw everything into a large vat and mix thoroughly to form a batter. Beat mercilessly until it is soft. Knead the batter with your bare hands and make a dozen of fist-sized lumps. Then shape them into the people you despise.

Bake in 2000 degrees of rage.

CALL CENTER FUNNY CALL NO.2

RIGHT CLICK IT!

Call Center Agent: Will you please right click on your desktop.

Caller: OK

Call Center Agent: Do you see a pop -up menu?

Caller: No

Call Center Agent: Will you please right click on your desktop again. Now, do you see a pop-up menu?

Caller: Nah

Call Center Agent: (confused) Alright , will you please tell me exactly how you do it?

Caller: Not a problem, you told me to write click and I WROTE "click"."

Call Center Agent: Aw..Did you type "click" with your keyboard?

Caller: Why do I feel stupid?

ARE WE GETTING SOMEWHERE?

Call Center Funny Call No. 3

Call Center Agent: Alright John, press the "control" and "escape" keys at the same time.

Caller: Done.

Call Center Agent: Now type the letter "P" to bring up the "program manager."

Caller: I don't have a "P."

Call Center Agent: You don't have a "P" on your keyboard?

Caller: What ?!!!

Call Center Agent: "P" on your keyboard.

Caller: Hey, I'm not going to do that!!!

If you have encountered any humorous calls , share it with us! Just post it on the comments section or email them to me. Share the light side of life in a Call Center.

Call Center funny call no.3

LIVING THE LIFE IN A CALL CENTER: FUNNY CALL No. 1

Life in the call center can really be stressful sometimes, but if callers are giving you a lot of stress, they are also the ones who will actually give you your own dose of medicine. One of the reasons I enjoy my time in the call center is because you will never know what you are going to get on your next call. So let me share with you these funny calls that are actually happening in a call center. Take your time and just enjoy it!

Does it Matter?

Call Center Agent: Thank you far calling ____, How may I help you today?

Caller: Well, you can help me by installing your software. My computer is old and when I type INSTALL, It's giving me an error saying "Bad command or File Name."

Call Center Agent: Aw let me help you with that. Check your directory of the A: drive. Go to A:\ and type "dir." Then look for a file with install.exe

Caller: There's Install.exe.

Call Center Agent: So there's your correct file. Type INSTALL again.

Caller: OK (typing).It still says Bad command or file name.

Call Center Agent: (puzzled)The correct file is there. Are you sure you're typing I-N-S-T-A-L-L and did you hit the "enter" key?

Caller: Hundred percent. Let me try it again. Nah! It still says the same thing-Bad command or File Name.

Call Center Agent: (getting really frustrated) Are you sure you are typing I-N-S-T-A-L-L and hit the "enter" key on your keyboard?

Caller: Well, yeah. You see my "N" key is stuck, and I'm using "M" key. Does it matter?

If you have any funny experience with a caller, just write it on the comments section or send it thru my email , and I will be glad to post it for you. And if you have any blog, you may include the URL, for our colleagues to get to know you. You may also join my community. It's an honor for me.

So, there's your first funny call while living the life in a call center. Watch out for more, and if you want to receive a daily subscription, just type in your email there on the right side of your screen. It's free.

Funny calls from a Call Center 1

CALL CENTER AGENTS/ASPIRANTS: Enhancing Communication Skills

One of the most common phrase you will hear in a call center is "I believe I can speak English well, but why can't my caller understand me?" This is most common on new call center agents. There is a difference for Filipinos' English conversation and that of the Americans. Much of which lies on the intonation pattern and pronunciation. If an agent will always encounter this kind of scenario, it is crucial for him to enhance his communication skills to be useful for his job. For a call center job seeker, enhancing his English Communication skill will give him an edge over other applicants because most of the evaluation will be based on how well a call center job seeker can converse with proper English.

Whether you're speaking with a customer over the phone, via email or face-to-face, proper grammar and effective listening/reading skills can make the difference between satisfying a need or escalating a problem. In fact, the same is true when communicating with anyone in a professional environment, whether you're applying for a job, pitching a new idea or presenting to a room full of executives. So while basic, these skills are critical to achieving every one your professional goals, both today and in the future. Best of all, it's all right here at your fingertips. Just click on the following links to practice your pronunciation, enhance your listening and improve your grammar.

CALL CENTER AGENTS AND CALL CENTER JOB APPLICANT'S STEP BY STEP GUIDE TO ENHANCE COMMUNICATION SKILLS

Practice Proper Pronunciation

Activity One: Go to http://eslus.com/LESSONS/READING/READ.HTM and select items to read. Record your reading (Microsoft Sound Recorder is installed on most computers).

Activity Two: Review words that are commonly mispronounced at http://www.m-w.com. Listen to words correctly pronounced and repeat them.

Activity Three: Go to http://Evaeaston.com/pr/home.html and click on "Consonant Sounds" or Vowel Sounds." Select each of the sounds listed. Practice the sounds using the words provided.

Enhance Listening Skills

Activity One: Go to http://www.esl-lab.com/ and complete the listening exercises.

Activity Two: Visit http://www.msnbc.msn.com/ and watch and listen to English-speaking newscasters.

Review Grammar

Activity One: Review English rules at http://owl.english.purdue.edu/handouts/grammar/ or visit http://www.englishclub.com.

Activity Two: Test your grammar knowledge at http://a4esl.org.

HOW DO YOU PUT THEM ON HOLD?

I worked in a call center for quite a while now handling technical support. My calls would always require me to open up at least 5 systems on the average while I check on my resources. During the course, I can't help but put the caller on hold who happen to be a little frustrated already because of having to be waiting on queue, aside from the problem he is experiencing with the service.

The best method I found most effective to avoid having the caller get more aggravated are the following:

1. Explain to the customer why you have to place them on hold. Making them aware that you are working on a solution to the current issue pacify their frustration.
2. Ask permission which should include the length of possible time that they will be put on hold.
3. Wait for their response and thank them before pressing the hold/mute button.
4. If it will take you longer than expected, go back to the customer and ask for an extension.
5. When you finally get back to the customer, either thank them for holding or ask them for apology for the long wait.
6. Explain whatever result you have gained while they were waiting. Be it a futile attempt, let it be known to them. Then offer a last recourse, if needed.

As a call center representative, we need to find smart ways to handle all our calls in every situation..So what about you, do you have your own smart way of putting them on hold? Let us know. Drop uour thoughts here on the comments section.

Tips To Avoid Dead Air During Calls

1. When a call center representative is processing something on the system, one way of filling the dead air is by informing the customer that while you are working on their issue, they may not hear from you but they will hear background noise only, but should they need to interrupt you, they may do so. Most callers are comfortable with that and would usually put you on speakerphone while they work on something of their own.
2. Set your caller's expectation that dead air may happen. Give out small talks like "how's the weather" and maybe up selling.
3. Take the time to confirm information you see on the account (package and services) while working on their concern.
4. It helps to discuss with the customer what you are doing. You can repeat back any notes documenting the customer's complaints and describe the action you are taking to resolve the issue. While this method fills up dead air, this also enforces satisfaction to the customers letting him know that the issue is correctly understood and documented, aside from assuring him that actions are being taken to resolve the issue.

As a call center agent, how do you handle dead air?

" I Would Like To Speak To A Supervisor Please..."

A Challenge To Call Center Agent


A customer who insist on being transferred to a person in authority may have had a bad experience with another call center representative. Take into consideration that the caller maybe angry, dissatisfied, and at the end of his rope.

Following are the various ways a call centre agent may handle this kind of situation:

1. "Spiel" it out

"Given a chance, I will be glad to assist you with your query, after which, if you still find the need to speak to a supervisor, I will transfer the call..."

This simple statement enforces empowerment coming from accountability. This would instill ownership to the mind of the customer giving him an assurance that his concern will be resolved by the agent he is talking to.

2. Show empathy

A call center agent should always try to be empathic to the customer and ask what the caller's needs are. This kind of response help bring down the customer's level of frustration and may bring a win-win situation in the end, for both the agent and the customer. The call centre agent may let the customers know that she can help them just as well as his supervisor. This statement can give the customer some form of trust and confidence on the agent who assured her that the issue at hand will be resolved by the right person.

3. Tone is everything

On every call, tone can make or break the relationship of a customer with the company and employee. So be sure to apply the right tone when talking to a frustrated caller.

4. Honesty is still the best policy

There is nothing wrong with explaining to the customer the actual situation:

"I am in a position to respond to your concern and assist you in any way that we can without the need to transfer you any further. I am sorry that you were not happy with the response to your concern, but that is what we can do for you at this time. If you are looking to escalate your call in order to obtain a different answer, I apologize, but our position will not change."

5. A call center agent should ask the customer for the information to pass along to the supervisor, while in the meantime looking at the problem themselves. If the customer's problem is within the call center agent's skill, then the agent may state to the customer that the problem can easily be resolved, followed by a lot of empathy to calm the customer.

6. Use your instinct

If a customer sounds like he wanted to hear some information from someone in authority just for his own satisfaction, transfer him to the supervisor..if only to keep customer satisfied.

A large call center usually provide their own team who are vintage and highly trained agents who may handle escalated and complicated calls. These agents are not usually monitored for handle and talk time, and given a higher level of empowerment just like a supervisor. All transfers done are warm transfers to make them in a better position to handle the customer.

Customers looking for supervisors are usually transferred to this team.

Do you have your own way of handling customers looking for supervisors? Tell us about it and empower your call center colleagues!

MyLot buddy here (Zeroflashx2) says:

"Yeah, I've experienced some of the sup calls as well. At first, I'd really ask for a good reason why the customer needs to talk to a sup. I try to explain as much as I can based on the context. They do accept the explanation some times but still wants to talk to the supervisor.

At that point, I just have to give it to my supervisor as it's his/her request. I just hate those supervisors who hides when they start to hear someone talking to an irate customer.

Well, to be honest I've been on both sides. When I was an agent it was mostly an escalation team (from quality) who answered the call. My sup did receive some of my calls but he is usually very busy.

I've been a sup as well. So far, the sup calls that I missed are due to me being on a meeting/out of the office. We're not customer facing though so most of the times we just have request for a call back from sup. Did that a lot of times.

Well, being a sup, you can bend the rules a bit without actually breaking it.

You have more control over the issue and the agent who works on it. You'll try to think of ways to give something to the customer without losing."

CALL CENTER POLITICS?

There's been a lot of buzz about call center politics. Most, being a huge organization with thousands of employees, politics seem to be inevitable. Individuals get promoted because they know the boss, personally. But although there are call centers that cannot stick to their code of conducts, there are still a lot out there who continue to advocate meritocracy.

So for those who have made it to the call center industry, try to look around. Be very inquisitive about your higher ups. It's not so bad to check if they are suited for the job. Well, it is imperative for you if you want to build a lifetime career in that call center company you so diligently served in the hope of building your ladder up to the corporate.

More of Employee/Employer Releationship here.

Call Centre Dictionary: Creating Our Own Language

Inviting Call Centre Agents!

I am compiling words that I have encountered working as an agent in a call centre. I'm sure, there are still a lot of words that I have not included and meanings that I have not heard of. So feel free to post your comments below and I will include your contribution among my list.

So, here's my first list of Call Centre Dictionary:

1. Avaya-the most abused tool on your PC
2. Toxic-a state of havoc on the floor
3. QA Specialist-people you don't want to have issues with. They evaluate your calls without your knowledge (that's what they think).
4. Spiel-the lines that will come out of your mouth a million times making you feel like a talking parrot
5. OB-Over Break (it comes with your TL's own spiel)
6. Queue-caller waiting while agents are in a toxic state
7. Avail-few calls for a day/time. Agent's favourite word
8. AUX-used to tag as breaks, on meeting, on training, etc. Agent's favourite escape way.
9. Nosebleed-when training gets a bit too tough

Call Center Agent:: Do You Think You Are Getting Burned Out?

As a call center employee, I have seen a lot of agents coming in and going out. Going out for reasons they probably have not understood well.

So, I tried to post here a short quiz for every call center employee who's feeling the heat. Check this out:

Quiz: Are You Burned Out on Your Job?

Kate Lorenz, CareerBuilder.com Editor

It's been a while since you've felt the exhilaration that comes with starting a new job. And you're wondering: "Has that professional spark been extinguished or is it flickering faintly, waiting to be reignited?" Take this quiz to help you identify if what you're feeling is a temporary heat wave or the telltale signs of total burnout.

1. Are you burned out or just exhausted? "Take a real vacation to find out," says Rena Lewis, senior vice president for Lee Hecht Harrison, a job search, consulting and career management firm.

Burnout: If you dread returning to work, you may be burned out.

Temporary Heat Wave: If you come back rested and recharged, you just needed a well-deserved break.

2. Are you reacting to a passing moment or an entire movement?

Burnout: Your company recently underwent a major restructuring, doubling your responsibilities, and there's no end in sight.

Temporary Heat Wave: You're buried in work because it's your 'busy season.' But you do see light at the end of the tunnel.

3. Are the demands of your job weighing too heavily on you?

Burnout: Your supervisor is too demanding and you just can't keep your head above water. You know you'll never get her to change.

Temporary Heat Wave: You're too demanding on yourself and it's causing you undue stress, not only at work but most likely in other aspects of your life as well. Time to let a few things go, like the perfectly clean house or some volunteer responsibilities.

4. Do you find it difficult to focus on your job?

Burnout: You face your projects with total apathy and feel you have nothing left to give.

Temporary Heat Wave: Your lack of focus is rooted in the nebulous mess you call a workspace. Get organized and get rejuvenated!

5. Have you got the urge to find greener pastures?

Burnout: You're feeling more and more detached at work and catch yourself fantasizing about walking out the door to find that 'dream job' and leaving these 'little minds' behind.

Temporary Heat Wave: You're in a rut and ready to venture past the usual lunch crowd and meet some new peers.

So You're Burned Out...

If your situation is illustrated by more 'Burnout' descriptions, it's likely time to start down a new career path or follow a new opportunity to professional happiness. Get your resume together and begin your search.

Temper the Warming Effects

If you saw more of yourself in the 'Temporary Heat Wave' scenarios, then you might need a new focus and new challenges to recharge your professional energy. "You don't have to leave your employer to energize yourself," Lewis advises. Lewis offers these suggestions for putting the spark back in your career:

• "Look for a new position within your organization," she says. Network internally -- try to catch key people in the break room to get the scoop on a position or new project team being assembled.
• Examine your current position to identify a new responsibility or element you could include that would refresh your focus.
• Assess what aspects of the job you really like and do well and then concentrate on expanding those activities.
• Make sure you get meaningful feedback from your supervisor. Without clear feedback, Lewis warns, you are apt to burn out faster because you will not have clear goals or accurate measurement.
• Read relevant trade publications to stay up on the latest issues and trends. Find ways to incorporate these into your job.
• Delegate or eliminate non-essential tasks. Sometimes we get mired down with minutia and lose sight of what we really need to be doing.
• Investigate opportunities to transfer to a new city. Working in completely new surroundings with different peers could get your professional juices flowing again.

Source: click here