NIGHT s`WORK (R.A. NO.

10151),

NIGHT SHIFT DIFFERENTIAL (ARTICLE 86, LABOR CODE)

What is the new law on night work?

R.A. No. 10151 [JUNE 21, 2011].

(NOTE: Because this is a new law, full discussion thereof shall be made hereunder).

a. Significance of the law.

R.A. No. 10151 has repealed Article 130 [Nightwork Prohibition] and Article 131 [Exceptions]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

Chapter V of Title III

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

to 161 of the Labor

Code.

b. Coverage of the law.

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,

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 DOLE Secretary, after

consulting the workers

representatives/labor organizations and employers.

c. Night worker, meaning.

"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

seven (7) consecutive

hours of work.

NIGHT SHIFT DIFFERENTIAL PAY

How is it reckoned and computed?

Night shift differential is equivalent to 10% of employee's regular wage for each hour of work

performed

between 10:00 p.m. and 6:00 a.m. of the following day.

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

work done during the

night; while the payment of the overtime pay is for work in excess of the regular eight (8)

working hours.

How is Night Shift Differential Pay computed?

1. Where night shift (10 p.m. to 6 a.m.) work is regular work.

a. On an ordinary day: Plus 10% of the basic hourly rate or a total of 110% of the basic hourly

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.

2. Where night shift (10 p.m. to 6 a.m.) work is overtime work.

a. On an ordinary day: Plus 10% of the overtime hourly rate on an ordinary day or a total of

110%

of the overtime hourly rate on an ordinary day.

b. On a rest day or special day or regular holiday: Plus 10% of the overtime hourly rate on a

rest

day or special day or regular holiday.

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

days or a total of 110% of 130% of the applicable regular hourly rate.