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10151),
(NOTE: Because this is a new law, full discussion thereof shall be made hereunder).
R.A. No. 10151 has repealed Article 130 [Nightwork Prohibition] and Article 131 [Exceptions]
of the
Labor Code and accordingly renumbered the same articles. Additionally, it has inserted a new
of Book III of the Labor Code entitled Employment of Night Workers which addresses the
issue on nightwork of
all employees, including women workers. Chapter V covers newly renumbered Articles 154 up
Code.
The law on nightwork applies not only to women but to all persons, who shall be employed or
permitted
or suffered to work at night, except those employed in agriculture, stock raising, fishing,
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 DOLE Secretary, after
"Night worker" means 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
hours of work.
Night shift differential is equivalent to 10% of employee's regular wage for each hour of work
performed
What is the distinction between night shift differential pay and overtime pay?
When the work of an employee falls at night time, the receipt of overtime pay shall not preclude
the right to
receive night differential pay. The reason is the payment of the night differential pay is for the
night; while the payment of the overtime pay is for work in excess of the regular eight (8)
working hours.
rate.
b. On a rest day, special day or regular holiday: Plus 10% of the regular hourly rate on a rest
day,
special day or regular holiday or a total of 110% of the regular hourly rate.
a. On an ordinary day: Plus 10% of the overtime hourly rate on an ordinary day or a total of
110%
b. On a rest day or special day or regular holiday: Plus 10% of the overtime hourly rate on a
rest
3. For overtime work in the night shift. Since overtime work is not usually eight (8) hours, the
compensation for overtime night shift work is also computed on the basis of the hourly rate.
a. On an ordinary day. Plus 10% of 125% of basic hourly rate or a total of 110% of 125% of
basic
hourly rate.
b. On a rest day or special day or regular holiday. Plus 10% of 130% of regular hourly rate on
said