![]() Hourly basic rate refers to basic salary rate per hour derived by dividing the basic monthly rate by twenty-two (22) working days, and dividing the quotient by eight (8) hours. Government employees occupying position items from Division Chief and below, or their equivalent, including those in government-owned or -controlled corporations, whether the nature of their employment is permanent, contractual, temporary, or casual shall be paid night shift differential at a rate not exceeding twenty percent (20%) of the hourly basic rate of the employee, as determined by the head of the agency, for each hour of work performed between the hours of 6:00 in the evening and 6:00 in the morning of the following day: Provided, That the night shift differential pay provided under this this Act shall be in addition to and shall not in any way diminish whatever benefits and allowances are presently enjoyed by government employees. ![]() 2) Public sector or Government Service SECTION 1. ![]() Similarly, the same rule will apply if such a stipulation is found in the company policies, collective bargaining agreement (CBA), or any other employment agreement. If this is the case, then night shift differential pay will be due for any work rendered from this stipulated period – i.e. However, it is possible that the concept of night shift differential pay may be modified in favor of the employee through an employment contract, company policy, collective bargaining agreement (CBA), or any other employment agreement.įor instance, the employer and the employee may stipulate in an employment contract that night shift differential pay will be from 6:00 o’clock in the evening to 6:00 o’clock in the morning the following day, instead of the Labor Code’s 10:00 o’clock in the evening to 6:00 o’clock in the morning the following day. 6:00 pm to 9:59 pm), the rendered work will not call for the application of night shift differential pay as provided under the Labor Code. Meaning, although an employee may have worked in the evening during this time period ( i.e. Thus, any work done from 6:00 pm to 9:59 pm in the evening, is not considered as night shift for purposes of this definition under the Labor Code. The Labor Code specifically designates and limits night shift as only any work from 10:00 o’clock in the evening to 6:00 o’clock in the morning the following day. In the private sector, night shift differential pay is an additional pay of ten percent (10%) for every hour of work done between 10:00 o’clock in the evening to 6:00 o’clock in the morning the following day. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. As to what constitutes the night shift depends on whether the employee is in the private sector or in the public sector. Night shift differential pay is an additional pay given to employees who work during a graveyard shift. ![]() ▪ Computation requires determining hourly rate. the following day for those in the private sector. the following day for those in the Government Service, and between 10:00 p.m. ▪ Night shift differential pay is an additional pay for work between 6:00 p.m. Night shift differential pay is an additional pay for work between 10:00 p.m.
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